Legislature(1997 - 1998)

04/10/1997 03:04 PM House HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
               HOUSE HEALTH, EDUCATION AND SOCIAL                              
                  SERVICES STANDING COMMITTEE                                  
                         April 10, 1997                                        
                           3:04 p.m.                                           
                                                                               
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Representative Con Bunde, Chairman                                            
 Representative Joe Green, Vice Chairman                                       
 Representative Brian Porter                                                   
 Representative Fred Dyson                                                     
 Representative J. Allen Kemplen                                               
 Representative Tom Brice                                                      
                                                                               
 MEMBERS ABSENT                                                                
                                                                               
 Representative Al Vezey                                                       
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 HOUSE BILL NO. 127                                                            
 "An Act relating to the citizen review board and panels for                   
 permanency planning for certain children in state custody; renaming           
 the Citizens' Review Panel For Permanency Planning as the Citizens'           
 Foster Care Review Board; extending the termination date of the               
 Citizens' Foster Care Review Board; and providing for an effective            
 date."                                                                        
                                                                               
      - HEARD AND HELD                                                         
                                                                               
 HOUSE BILL NO. 153                                                            
 "An Act relating to the eligibility of aliens for state public                
 assistance and medical assistance programs affected by federal                
 welfare reform legislation; and providing for an effective date."             
                                                                               
      - MOVED HB 153 OUT OF COMMITTEE                                          
                                                                               
 HOUSE JOINT RESOLUTION NO. 29                                                 
 Supporting an increase in federal funding for prostate cancer                 
 research.                                                                     
                                                                               
      - MOVED HJR 29 OUT OF COMMITTEE                                          
 HOUSE BILL NO. 193                                                            
 "An Act relating to financial assistance for students attending               
 certain graduate education programs; and providing for an effective           
 date."                                                                        
                                                                               
      - BILL POSTPONED                                                         
 (* First public hearing)                                                      
 PREVIOUS ACTION                                                               
                                                                               
 BILL:  HB 127                                                               
 SHORT TITLE: FOSTER CARE REVIEW BOARD                                         
 SPONSOR(S): HEALTH, EDUCATION & SOCIAL SERVICES                               
                                                                               
 JRN-DATE     JRN-DATE             ACTION                                      
 02/12/97       318    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 02/12/97       318    (H)   HES, FINANCE                                      
 03/27/97              (H)   HES AT  3:00 PM CAPITOL 106                       
 03/27/97              (H)   MINUTE(HES)                                       
 04/10/97              (H)   HES AT  3:00 PM CAPITOL 106                       
                                                                               
 BILL:  HB 153                                                               
 SHORT TITLE: ALIENS AND ASSISTANCE PROGRAMS                                   
 SPONSOR(S): RULES BY REQUEST OF THE GOVERNOR                                  
                                                                               
 JRN-DATE     JRN-DATE             ACTION                                      
 02/24/97       442    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 02/24/97       442    (H)   STATE AFFAIRS, HES, FINANCE                       
 02/24/97       442    (H)   3 FISCAL NOTES (DHSS)                             
 02/24/97       442    (H)   2 ZERO FISCAL NOTES (DHSS)                        
 02/24/97       442    (H)   GOVERNOR'S TRANSMITTAL LETTER                     
 03/11/97              (H)   STA AT  8:00 AM CAPITOL 102                       
 03/11/97              (H)   MINUTE(STA)                                       
 03/13/97              (H)   STA AT  8:00 AM CAPITOL 102                       
 03/13/97              (H)   MINUTE(STA)                                       
 03/15/97              (H)   STA AT 11:00 AM CAPITOL 102                       
 03/15/97              (H)   MINUTE(STA)                                       
 03/17/97       690    (H)   STA RPT   4DP 2NR                                 
 03/17/97       690    (H)   DP: JAMES, ELTON, BERKOWITZ, DYSON                
 03/17/97       690    (H)   NR: HODGINS, VEZEY                                
 03/17/97       690    (H)   3 FNS (DHSS) 2/24/97                              
 03/17/97       690    (H)   2 ZERO FNS (DHSS) 2/24/97                         
 03/25/97              (H)   HES AT  3:00 PM CAPITOL 106                       
 03/25/97              (H)   MINUTE(HES)                                       
 04/01/97              (H)   HES AT  3:00 PM CAPITOL 106                       
 04/01/97              (H)   MINUTE(HES)                                       
 04/10/97              (H)   HES AT  3:00 PM CAPITOL 106                       
                                                                               
 BILL:  HJR 29                                                               
 SHORT TITLE: FUNDING FOR PROSTATE CANCER RESEARCH                             
 SPONSOR(S): REPRESENTATIVE(S)                                                 
 ELTON,Hudson,Kemplen,Austerman,Kookesh                                        
 Berkowitz,Nicholia,Ivan,Dyson,Kubina,Sanders,Davies                           
                                                                               
 JRN-DATE     JRN-DATE             ACTION                                      
 03/14/97       665    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 03/14/97       665    (H)   HES, STATE AFFAIRS                                
 04/02/97       913    (H)   COSPONSOR(S): KEMPLEN, AUSTERMAN                  
 04/02/97       913    (H)   KOOKESH                                           
 04/03/97       977    (H)   COSPONSOR(S): BERKOWITZ, NICHOLIA, IVAN           
 04/03/97       977    (H)   DYSON, KUBINA                                     
 04/04/97       998    (H)   COSPONSOR(S): SANDERS                             
 04/09/97      1047    (H)   COSPONSOR(S): DAVIES                              
 04/10/97              (H)   HES AT  3:00 PM CAPITOL 106                       
                                                                               
 BILL:  HB 193                                                               
 SHORT TITLE: REPAY GRADUATE EDUCATION AID                                     
 SPONSOR(S): HEALTH, EDUCATION & SOCIAL SERVICES                               
                                                                               
 JRN-DATE     JRN-DATE             ACTION                                      
 03/14/97       665    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 03/14/97       665    (H)   HES, FINANCE                                      
 03/27/97              (H)   HES AT  3:00 PM CAPITOL 106                       
 03/27/97              (H)   MINUTE(HES)                                       
 03/27/97              (H)   MINUTE(HES)                                       
 04/10/97              (H)   HES AT  3:00 PM CAPITOL 106                       
                                                                               
 WITNESS REGISTER                                                              
                                                                               
 PATTI SWENSON, Legislative Assistant                                          
     to Representative Bunde                                                   
 Alaska State Legislature                                                      
 Capitol Building, Room 104                                                    
 Juneau, Alaska  99801                                                         
 Telephone:  (907) 465-4843                                                    
 POSITION STATEMENT:  Provided testimony on CSHB 127(HES)                      
                                                                               
 CONNIE J. SIPE, Director                                                      
 Division of Senior Services                                                   
 Department of Administration                                                  
 3601 C Street,Suite 310                                                       
 Anchorage, Alaska  99503-5984                                                 
 Telephone:  (907) 563-5654                                                    
 POSITION STATEMENT:  Testified on CSHB 127(HES)                               
                                                                               
 EDITH McKINNON, Member                                                        
 Foster Care Review Panel                                                      
 2203 West 46th Avenue                                                         
 Anchorage, Alaska  99517                                                      
 Telephone:  (907)                                                             
 POSITION STATEMENT:  Testified on CSHB 127(HES)                               
                                                                               
 MASTER BILL HITCHCOCK                                                         
 Alaska Children's Court                                                       
 820 West Fourth Avenue                                                        
 Anchorage, Alaska  99501                                                      
 Telephone:  (907) 264-0643                                                    
 POSITION STATEMENT:  Testified on CSHB 127(HES)                               
                                                                               
 L. DIANE WORLEY, Director                                                     
 Division of Family and Youth Services                                         
 Department of Health and Social Services                                      
 P.O. Box 110630                                                               
 Juneau, Alaska  99811-0630                                                    
 Telephone:  (907) 465-3191                                                    
 POSITION STATEMENT:  Testified on CSHB 127(HES)                               
                                                                               
 JAY LIVEY, Deputy Commissioner                                                
 Office of the Commissioner                                                    
 Department of Health and Social Services                                      
 P.O. Box 110601                                                               
 Juneau, Alaska  99811-0601                                                    
 Telephone:  (907) 465-3030                                                    
 POSITION STATEMENT:  Testified on HB 153                                      
                                                                               
 REPRESENTATIVE KIM ELTON                                                      
 Alaska State Legislature                                                      
 Capitol Building, Room 400                                                    
 Juneau, Alaska  99801                                                         
 Telephone:  (907) 465-4947                                                    
 POSITION STATEMENT:  Testified on HJR 29                                      
                                                                               
 ACTION NARRATIVE                                                              
                                                                               
 TAPE 97-28, SIDE A                                                            
 Number 0000                                                                   
                                                                               
 CHAIRMAN CON BUNDE called the House Health, Education and Social              
 Services Standing Committee meeting to order at 3:04 p.m.  Members            
 present at the call to order were Representatives Bunde, Green,               
 Porter and Dyson.  Representative Brice arrived at 3:06 p.m. and              
 Representative Kemplen arrived at 3:54 p.m.  Representative Vezey             
 was absent.  This meeting was teleconferenced to Anchorage,                   
 Fairbanks, Ketchikan and offnet sites.                                        
 HB 127 - FOSTER CARE REVIEW BOARD                                           
                                                                               
 Number 0059                                                                   
                                                                               
 CHAIRMAN BUNDE announced the first item on the agenda was HB 127,             
 "An Act relating to the citizen review board and panels for                   
 permanency planning for certain children in state custody; renaming           
 the Citizens' Review Panel For Permanency Planning as the Citizens'           
 Foster Care Review Board; extending the termination date of the               
 Citizens' Foster Care Review Board; and providing for an effective            
 date."  He said a Citizens' Review Panel assists out-of-home                  
 placement of children who have had various challenges or problems.            
                                                                               
 Number 0123                                                                   
                                                                               
 PATTI SWENSON, Legislative Assistant to Representative Bunde,                 
 referred to a committee substitute, version H.                                
                                                                               
 Number 0134                                                                   
 REPRESENTATIVE BRIAN PORTER made a motion to adopt the committee              
 substitute, version H.  Hearing no objection CSHB 127(HES) was                
 before the committee.                                                         
                                                                               
 Number 0169                                                                   
                                                                               
 MS. SWENSON explained that CSHB 127(HES) is similar to the last               
 version, but has been expanded based on recommendations by the                
 Department of Health and Social Services (DHSS).  The name of the             
 Citizens' Review Panel for Permancy Planning has been changed to              
 the Citizens' Foster Care Review Board.  The local citizen out-of-            
 home care review panels have been renamed local review panels.                
                                                                               
 MS. SWENSON stated that Section 1 is identical to Section 1 in                
 version F.  It extends the sunset date for the foster care review             
 board to June 30, 2000.  Section 2 is also the same as the previous           
 version, requiring DHSS to notify the Citizens Foster Care Review             
 Board within 60 days after a child is placed in out-of-home care.             
 Under CSHB 127(HES), the state review board will be the core                  
 support for the local panels.  Once notified of a child's out-of-             
 home placement, the board will advise the appropriate local panels.           
                                                                               
 MS. SWENSON said there are no real changes from the last version of           
 CSHB 127(HES).  This section requires the court to inform the                 
 interested parties about the review panels within 60 days after the           
 court orders the child committed to state custody.                            
                                                                               
 MS. SWENSON referred to Section 4, this change allows the Citizens'           
 Foster Care Review Board or the local panel to obtain confidential            
 information about a case.  This section also allows disclosure, as            
 necessary, to school officials to protect the safety of a minor who           
 is the subject of the case.  There was some discussion of removing            
 this provision from the bill.  The provision actually protects the            
 safety of the minor, students and staff and exists currently in               
 statute.  The language of CSHB 127(HES) clarifies that the subject            
 of the case is to be protected along with other students, this                
 prevents the subject from  being treated differently.  To prevent             
 the current statute from being misinterpreted the language in this            
 statute should remain.                                                        
                                                                               
 Number 0345                                                                   
                                                                               
 MS. SWENSON said that Section 5 does not represent a change from              
 the current statute except to reflect the new name of the Citizens'           
 Foster Care Review Board.  Section 6 amends the name, Citizens'               
 Foster Care Review Board and requires DHSS to notify the Citizens'            
 Foster Care Review Board rather than the local panels within 60               
 days after the removal of a minor from the home.  Since there is              
 only one local panel working, the current statute tells them to               
 notify it instead of the review board.                                        
                                                                               
 MS. SWENSON explained that Section 7 is part of the juvenile                  
 delinquent statute.  Usually the Citizens' Foster Care Review Board           
 does not hear cases regarding juvenile delinquents.  However,                 
 because some of the cases are classified as both Child in Need of             
 Aid (CINA) and juvenile delinquent it might result in a problem if            
 the panel wants to hear such a case and they are excluded from any            
 of the juvenile statutes.  The Division of Family and Youth                   
 Services (DFYS) is addressing this problem of dual classification             
 because it impacts their Title IV-E money.  Until the problem is              
 fully resolved, this language should remain in CSHB 127(HES).                 
                                                                               
 Number 0471                                                                   
                                                                               
 MS. SWENSON referred to Section 8, this section reestablishes and             
 renames the Citizens' Foster Care Review Board.  The board will now           
 consist of nine members appointed by the Governor with one public             
 member from each judicial district.  The board also includes, as              
 non-voting members, the commissioner from DHSS, the Director of the           
 Office for Public Advocacy, a member of the Attorney General's                
 Office and a member from the Public Defender's Office.  The make-up           
 of the board has been changed in this section.  It used to be seven           
 people, but since two people from the Administration were taken off           
 the board, the amount of public members was raised to nine.                   
                                                                               
 MS. SWENSON said Section 9 adds new language to reflect the new               
 make-up and the new name of the board.  This section allows for               
 reappointment of board members and was in the previous version of             
 CSHB 127(HES).  Section 10 sets quorum and voting requirements for            
 the board.  This new language sets up requirements consistent with            
 the changes in the make-up of the board in Section 8.  This change            
 is a slight variation of what was in the last committee substitute,           
 it creates consistency.                                                       
                                                                               
 MS. SWENSON explained that Section 11 reflects the name change of             
 the board and restricts reimbursement of board members to per diem            
 and travel expenses only, as the board is required to meet at least           
 twice a year.  Section 12 sets the meeting requirements for the               
 board to at least twice a year, telephonic meetings are possible.             
 Section 13 allows the state board to have an executive director who           
 services the board.  The executive director is granted the power to           
 employ staff who will provide technical assistance to local review            
 panels.  This language is consistent with the last version of the             
 bill.                                                                         
                                                                               
 Number 0586                                                                   
                                                                               
 MS. SWENSON said that Section 14 talks about the powers and duties            
 of the board.  Language has been added from the last version of               
 CSHB 127(HES), it required the state board to ensure that local               
 review panels meet permancy planning review requirements which will           
 allow them to comply with Title IV-E federal requirements allowing            
 the state to receive federal money for eligible minors.  This                 
 section also requires the board to set local review panel                     
 priorities for the hearings.  Some guidelines are set out for a               
 high priority cases; children who are likely to be in out-of-home             
 care for longer than 90 days, children that have been in more than            
 one placement or whose parents are likely to loose their parental             
 rights.  The state board is also required, in subsection (c) to               
 establish procedures for an expedited review of the high priority             
 cases.  Subsection (d) establishes the minimum number, of local               
 review panels members, who must review the case and it also                   
 provides for the appointment of a substitute local review panel               
 member to participate in the review.  This provision would allow              
 someone to sit in the review in case of an emergency.                         
                                                                               
 Number 0693                                                                   
                                                                               
 MS. SWENSON referred the change in Section 15, where a new                    
 subsection was added to empower the state board to make regulations           
 requiring DHSS to provide the state board or a local panels                   
 aggregate data about permancy planning systems and to provide data            
 and information requested by the state board and local panels.                
                                                                               
 MS. SWENSON explained that Section 16 sets composition requirements           
 for local panels.  This section adds new language not in the last             
 version of this bill, it accepts substitute members.  She                     
 interpreted this section that when panel members are appointed, the           
 substitute members are not counted.  The intention of this section            
 is to have people readily available for a scheduled review, in case           
 of an emergency.  This section also sets out the length of a panel            
 members terms, the qualifications of the panel members, the make-up           
 of the panels and empowers the state board to appoint additional              
 panel members when it is necessary.  All public members serve at              
 the pleasure of the board.  Panel members are also required to                
 affirm, in writing, that they will keep all review information                
 confidential.                                                                 
                                                                               
 Number 0777                                                                   
                                                                               
 MS. SWENSON said Section 17 states that local panels shall meet in            
 the judicial district where they reside.  This language was in                
 Section 16 of the last version of this bill.  Section 18 is also              
 the same as the last version, but it was Section 17.  The public              
 members of local review panels are entitled to reimbursement if               
 they are required to travel.  Normally, local review panel members            
 don't travel, but travel might be required if the judicial district           
 is big and someone else is needed.                                            
                                                                               
 MS. SWENSON stated that Section 19 allows local review panels in a            
 judicial district to request a local panel from another judicial              
 district hear a case.  In order to keep something confidential in             
 rural areas, the review panel might not want to hear the case in              
 that village.  This language would allow the case to be heard in              
 another panel for review.  Section 19 also changes the initial                
 review from 180 days to 90 days and adds language to allow lower              
 priority cases to be heard 180 days after the child has been placed           
 in out-of-home care.  Even though the bill changes the initial                
 review from 180 days to 90 days, it still allows the panel to hear            
 a case at 180 days in order to comply with the Title IV-E                     
 requirements.  This section gives flexibility to the 30 day notice            
 of hearing provision required in current statute.  The remaining              
 sub-sections are in statute.  The changes reflect the renaming of             
 local panels, the number of days required to submit a report of the           
 panel's recommendations is changed from 30 days to 15 days.                   
                                                                               
 Number 0900                                                                   
                                                                               
 MS. SWENSON said that Section 20 requires other executive branch              
 agencies to disclose confidential information to local panels to              
 assist them in locating persons entitled to participate in case               
 reviews.  Section 21 requires the DHSS to cooperate and consult               
 with the state board in the development information systems                   
 relating to children in out-of-home placements.  The DHSS is                  
 required to develop information systems to ensure that aggregate              
 data and individual case information, needed by the state board and           
 the local panels, is available from all departments.  In the past             
 there have been some problems getting needed information for annual           
 reports and locating people.  Language in CSHB 127(HES) just                  
 ensures that the panel will get the information that they need.               
                                                                               
 MS. SWENSON explained that Section 22, as in Section 20 of the                
 previous bill, states that necessary records shall be available to            
 the local panels, concerning a child and their family, for the                
 purposes of a review.  Section 23 allows the review panel's                   
 recommendations to be entered into the court records.  The only say           
 that a panel has is in those recommendations.   The panel's                   
 recommendations have not been allowed in court, unless they were              
 requested by a attorney.  Allowing the recommendations in court               
 will give some weight to the panel regarding the disposition of the           
 case.                                                                         
                                                                               
 MS. SWENSON said that Section 24 provides immunity to the board,              
 panel and staff members.  In the past version only the board was              
 given immunity.  Section 25 defines the state board and local                 
 panels and is the same language as the previous version.  Section             
 26 is also the same as the past version, it repeals sections of law           
 whose subject matter has been added to other sections of the bill.            
 Section 27 allows a phased in implementation of the bill with full            
 implementation in two years after the effective date.  Section 28             
 regards the effective date.                                                   
                                                                               
 Number 1054                                                                   
                                                                               
 CHAIRMAN BUNDE asked why the review board was needed and what                 
 exactly do they do.                                                           
                                                                               
 Number 1064                                                                   
 MS. SWENSON said the local review boards provide an oversight which           
 works in concert with DFYS.  The board is an independent viewpoint            
 on what DFYS are doing for children that have been in out-of-home             
 placements.  These boards will decrease the amount of time that               
 children are in out-of-home placements and hopefully save the state           
 money.                                                                        
                                                                               
 Number 1085                                                                   
                                                                               
 CHAIRMAN BUNDE clarified that out-of-home placement means children            
 that have been taken away from their parents of record, for their             
 own good.  They are taken out of their home because of such                   
 problems as abuse and neglect.                                                
                                                                               
 Number 1109                                                                   
                                                                               
 REPRESENTATIVE JOE GREEN asked how review system was currently                
 being done.                                                                   
                                                                               
 Number 1114                                                                   
                                                                               
 MS. SWENSON answered that right now only one panel is in existence.           
 Initially, when this legislation passed, funding was available but            
 it was never given to the panels.  A little bit of money was given            
 to allow one pilot project.  One full time clerk and two others               
 hold hearings; get the information necessary, notify the interested           
 parties, gather the panel members and set a date.  People come in             
 and talk about what is happening with the child and what is                   
 happening with the parents.  If a case plan is in place, then that            
 is also reviewed.  The board wants to see that permancy goals have            
 been met for a child.  These goals include reuniting the child with           
 the family or termination of parental rights.                                 
                                                                               
 Number 1178                                                                   
                                                                               
 CHAIRMAN BUNDE explained that enabling legislation established the            
 citizens' review oversight panels, but the money was only there for           
 one of them.  This panel is about to sunset, it sunsets every three           
 years and this bill, CSHB 127(HES), would not only reauthorize the            
 program, but expand it.                                                       
                                                                               
 Number 1204                                                                   
                                                                               
 REPRESENTATIVE GREEN said CSHB 127(HES) goes beyond the pilot                 
 program, it talks about a statewide expansion program.                        
                                                                               
 MS. SWENSON agreed that this legislation would reauthorize and                
 expand the Anchorage panel, start a Fairbanks panel and implement             
 the program statewide within two years.                                       
                                                                               
 Number 1217                                                                   
                                                                               
 REPRESENTATIVE GREEN stated that, prior to this expansion, this               
 function was done in Fairbanks by DFYS.                                       
                                                                               
 MS. SWENSON answered that currently there are no other panels                 
 besides the Anchorage panel.  The DFYS does Title IV-E reviews on             
 cases in Fairbanks, but there are no independent review panels.               
                                                                               
 Number 1222                                                                   
                                                                               
 CHAIRMAN BUNDE explained that a Title IV-E review is a federal                
 requirement which reviews children who have been taken out of the             
 home in order for the division to receive federal money.                      
                                                                               
 Number 1252                                                                   
                                                                               
 REPRESENTATIVE GREEN referred to the fiscal note, $600,000 a year             
 from the general fund.                                                        
                                                                               
 Number 1270                                                                   
                                                                               
 MS. SWENSON said money is needed to start up the panels on a                  
 statewide basis, expand the Anchorage panel and start a Fairbanks             
 panel.  The fiscal note represents the initial cost for the state             
 board to meet and receive training.  The new position of executive            
 director of the board should be able to write grants and offer                
 contracts to organizations in other areas to staff the panels.                
 Those organizations will gather the information, mail it out to the           
 interested parties and contact volunteers to do the reviews.  She             
 reiterated that this money represents start up costs for this year,           
 for the first phase of expansion and implementation of new panels             
 and expansion of the state board.                                             
                                                                               
 Number 1334                                                                   
                                                                               
 CONNIE J. SIPE, Director, Division of Senior Services, Department             
 of Administration, testified next via teleconference from an offnet           
 site.  She did not have CSHB 127(HES) in front of her but, based on           
 the fact that the department has been working with staff on these             
 changes and having heard testimony from Ms. Swenson, she felt the             
 changes were fairly in line with the changes being discussed based            
 on what may be needed for the panel.  The fiscal note was done in             
 preparation for the amendments that are in front in the committee,            
 but it was not done after those amendments.  If the committee                 
 adopts those amendments, there is still a possibility of paring               
 down the fiscal note.  She could also explain why those costs are             
 necessary as the bill moves forward to other committees.                      
                                                                               
 Number 1411                                                                   
                                                                               
 CHAIRMAN BUNDE referred to the executive director's role of                   
 producing some non-general funds to keep this program running.  He            
 asked if the fiscal note reflected this role.                                 
 Number 1429                                                                   
                                                                               
 MS. SIPE answered that it does not.  Her experience is that it is             
 very difficult to find grants for ongoing operations.  Very few aid           
 foundations, very few agencies are willing to use their grant money           
 for an ongoing business.  Grants are usually available to fund a              
 special experiment, a special pilot project, better training, a               
 curriculum book to give to the volunteers.  Rarely can grant money            
 be found to fund your ongoing operation.  If members of the                   
 committee compare the fiscal note on CSHB 127(HES) as compared to             
 the fiscal note on the Governor's bill, HB 100, the significant               
 difference is that HB 100 anticipated that DFYS staff would                   
 actually service the citizens' panels throughout the state.  The              
 DFYS staff would prepare the cases, the case summaries, schedule              
 and convene witnesses and parties and finally draft a report for              
 the citizens' panel.  The panel would always have the final okay on           
 the report.                                                                   
                                                                               
 MS. SIPE explained that the panel and the sponsors of CSHB 127(HES)           
 did not want to have DFYS serving that role, so the Department of             
 Administration had to go back to an idea of using local non-profit            
 agencies such as the Anchorage Center for Families.  These non-               
 profits might be interested in having staff assigned to do some of            
 this work in support of local citizens' panels.  A non-profit                 
 agency and a panel could work together, but this concept raises the           
 cost.                                                                         
                                                                               
 MS. SIPE said the Administration is supportive of the bill.  They             
 want to remind the committee that the initial funding for this                
 program, when it passed back in Governor Cooper's Administration,             
 was in excess of $750,000 a year.  This program will have a lot of            
 benefits for children.  After a few years, the program will be able           
 to demonstrate cost savings to the state by helping children get              
 out of out-of-home placements faster.  This program cannot be done            
 for free and with existing resources.                                         
                                                                               
 Number 1555                                                                   
                                                                               
 CHAIRMAN BUNDE asked if the original idea was to have DFYS staff do           
 a good bit of the work, but under CSHB 127(HES) state employees are           
 not doing the work, then why is the fiscal note increased.                    
                                                                               
 MS. SIPE answered that for each hearing the DFYS employee, who is             
 involved in the case, is going to have to participate in the case.            
 The employee is going to have to take some of their time to prepare           
 for the case and to come to the review hearing.  In most of the               
 regions, DFYS has a Title IV-E coordinator staff appointed.  This             
 staff has to comply with many other parts of Title IV-E in order to           
 keep federal money for foster care coming into the state.  The                
 hearings being discussed are a minor part of this federal                     
 requirement.  You cannot have an independent review board perform             
 this function and say that you don't have to provide a staff from             
 DFYS.                                                                         
                                                                               
 MS. SIPE explained that this method of having local grant agencies            
 supply support, training and paperwork is less expensive and can              
 possibly generate volunteerism.  This method also allows it to be             
 independent and makes the citizens' panel feel most competent that            
 they see that DFYS, although cooperating, are at arms length.                 
                                                                               
 Number 1645                                                                   
                                                                               
 REPRESENTATIVE GREEN referred to the fiscal note.   He asked if               
 grants and claims seemed to be the issue that raised the cost from            
 $200,000 to $600,000 a year over a six year period.                           
                                                                               
 Number 1667                                                                   
                                                                               
 MS. SIPE described what it would take to hear all the cases of                
 children who stay 180 days in foster care within the Anchorage DFYS           
 and explained that this does not include children who would fall              
 into the category of high priority; it would require panel hearings           
 to occur 18 to 20 working days a month, basically every working day           
 of every month around the calendar.  If there are three to five               
 panel members consisting of citizens, working on each of those                
 panels, they figure they will need between 60 and 90 trained,                 
 active panel members.  These members will drop off the panel if;              
 their life changes, they move out of state or they get sick.                  
 Training classes will have to be held several times a year.  Each             
 day cases will be heard consisting of two or three major cases                
 which take several hours in addition to hearing several minor                 
 cases.  These hearings will require a conference room somewhere               
 that will be used every day, all the time in Anchorage to hear                
 these review cases.  Someone will have to go down to the DFYS files           
 ahead of time, cull out information for the citizen panel.                    
 Currently the citizen review panel volunteers, spend an average of            
 one day, nine months out of the year.  Only about nine of them                
 actually put in one day a month.  Volunteers not only attend the              
 meetings, but they spend a couple of days ahead of time reading               
 through a summary and documents from the cases.  Because of these             
 factors, you cannot expect to keep using the same volunteers over             
 and over.  A large cadre of volunteers will need to be trained and            
 assisted.                                                                     
                                                                               
 MS. SIPE said the pilot project in Anchorage is only hearing about            
 one-third of the cases.  This bill anticipates tripling the                   
 Anchorage case load.  This translates to more volunteers, more                
 hearings, processing of paperwork in order to get those reports               
 over to the courthouse in 15 days.  Grants will be given to non-              
 profit agencies or contracts will be given to other entities to               
 provide clerical, scheduling and support.  The current state                  
 employees would become the employees of the state panel, they would           
 be running the training process.  A contractor would probably still           
 be needed to train that many people.  A lot of work is need to                
 train and use volunteers.  Citizen volunteers are wonderful, but if           
 they are going to be effective then they have to be well trained              
 and supported.  The exact term of the fiscal note can be                      
 negotiated, but the Administration wants to honestly show what                
 resources they believe will be needed.  The original fiscal note on           
 this bill was $750,000 a year.                                                
                                                                               
 Number 1839                                                                   
                                                                               
 CHAIRMAN BUNDE asked the committee to stay to the philosophy of               
 whether or not there should be panels and let the Finance Committee           
 justify the dollars.                                                          
                                                                               
 Number 1857                                                                   
                                                                               
 REPRESENTATIVE PORTER asked what the panel would do from a layman's           
 point of view as compared to what is currently being done.  He                
 asked for the mission, the steps, et cetera.                                  
                                                                               
 Number 1871                                                                   
                                                                               
 MS. SWENSON said the goal of the panel is to make sure that                   
 children in foster care don't linger out-of-home unnecessarily.               
 When the panel meets and reviews cases, they come up with a list of           
 recommendations.  Often the panel members find that goals within              
 the permancy placement plan, a case worker's initial plan, hasn't             
 been met.  The panel finds out why the goals haven't been met, asks           
 questions and tries to recommend ways to shorten the placement                
 time.  If the goals aren't met and the interested parties in the              
 case, the mother and the father, aren't putting any effort into the           
 plan then the panel may recommend that their parental rights be               
 terminated and the child be put up for adoption.  She explained               
 that creating these panels will decrease the amount of time that              
 state dollars will be put into children placed in foster care.                
                                                                               
 Number 1923                                                                   
                                                                               
 REPRESENTATIVE PORTER asked for a typical plan.                               
                                                                               
 Number 1945                                                                   
                                                                               
 EDITH McKINNON, Member, Foster Care Review Panel, said what                   
 typically happens is that a packet of information, regarding cases            
 involving abused and neglected children in the Anchorage area, is             
 received.  These cases involve children who have been removed from            
 their home, they're in state custody.  Generally the cases involve            
 children who have been neglected and abused, usually drugs and                
 alcohol are involved prior to their birth and/or the children have            
 special needs.  The panel members get the packet, read the packet             
 which might have been updated if the panel has heard the case                 
 before.  The members sit around a conference table and discuss the            
 case ahead of time.  They figure out what questions they want to              
 ask; why hasn't the child been getting the proper counseling, are             
 the parents complying with the case plan, are the parents in drug             
 and alcohol treatment, et cetera.  There are also questions that              
 will be asked of the foster parents such as whether or not visits             
 have occurred between siblings.                                               
                                                                               
 MS. McKINNON said social workers, foster parents, a DFYS staff                
 performing the Title IV-E review, attorneys for the mother or the             
 father might attend the meeting if the parent(s) are trying to get            
 their children back.  Certain people cannot be in the room while              
 certain things are being discussed.  The foster parents might be              
 dismissed allowing the panel to ask questions to the attorney.                
 Finally everyone leaves the room so that the panel members have               
 time to deliberate and make recommendations about what should be              
 done.                                                                         
                                                                               
 MS. McKINNON stated that the system is overloaded and without an              
 outside entity to ask certain questions of why these things haven't           
 been done and why it needs to be done.  The panel advocates for the           
 children.  She said the state will pay these costs in ten years if            
 these issues are not dealt with now.  These kids need a proper                
 placement.  If the parents aren't complying, they need to get their           
 parental rights terminated.                                                   
                                                                               
 Number 1088                                                                   
                                                                               
 CHAIRMAN BUNDE asked if it would be fair to say that the panel acts           
 as an informal judge on the whole process involving the parents,              
 foster parents, DFYS and the children to ensure that everyone is              
 pulling their fair share of the load.                                         
                                                                               
 MS. McKINNON answered yes.                                                    
                                                                               
 Number 2115                                                                   
                                                                               
 REPRESENTATIVE TOM BRICE asked what the panel did to address                  
 situations where a child has gone through 30, 40 different                    
 placements.                                                                   
                                                                               
 Number 2125                                                                   
                                                                               
 MS. McKINNON explained that six months might lag between reviews.             
 The panel might learn that a child has been moved three times.                
 This situation is one of the reasons why she wanted to see the                
 reviews occur closer to the time the child is taken from the home             
 in order to evaluate what the needs are and to make sure there is             
 a recommendation of proper placement.                                         
                                                                               
 Number 2160                                                                   
                                                                               
 MS. SWENSON explained that CSHB 127(HES) puts the panel's                     
 recommendations into the court record.  If the court sees the                 
 recommendation, then people will start paying attention and the               
 number of times a child moves will change.                                    
                                                                               
 TAPE 97-28, SIDE B                                                            
 Number 0000                                                                   
                                                                               
 REPRESENTATIVE DYSON stated that his wife used to be on the Foster            
 Care Review Board.  He felt the panel was very useful.  His wife              
 commented that the support items received from DFYS were excellent            
 and credible.  He stated that she spent about four hours preparing            
 for a review.  The panel is valuable both for a check on DFYS and             
 a significant way to help build credibility for DFYS.  He supported           
 the expansion of the program.                                                 
                                                                               
 Number 0094                                                                   
                                                                               
 REPRESENTATIVE GREEN asked if this panel was advisory or does the             
 panel's power come through the DFYS staff.                                    
                                                                               
 Number 0115                                                                   
                                                                               
 MS. McKINNON explained that a DFYS staff sits in the review to                
 allow them to do their Title IV-E review.  This staff person has              
 nothing specifically to do with the workings of the panel.  The               
 panel recommendations are forwarded to DFYS, but there is no one              
 else who sees those recommendations.                                          
                                                                               
 Number 0143                                                                   
                                                                               
 MS. SWENSON stated that there is a provision in CSHB 127(HES)                 
 allowing the Title IV-E reviews done by DFYS to be switched over to           
 the panel.  The panel would be required to meet all the                       
 requirements of the Title IV-E, saving the DFYS person from coming            
 in and sitting in on the reviews.                                             
                                                                               
 Number 0172                                                                   
                                                                               
 REPRESENTATIVE GREEN asked if having more people involved comprised           
 a better review, as compared to having one person do it.  He felt             
 this was a large amount of money if it can be done without having             
 the panel.                                                                    
                                                                               
 Number 0198                                                                   
                                                                               
 CHAIRMAN BUNDE said the panel represents a group who are outside              
 DFYS.  This panel does assessments, overviews and evaluations.  He            
 explained that even if there were enough resources in DFYS,                   
 children still fall through the cracks.  This panel provides an               
 arms length review of the process.                                            
                                                                               
 Number 0296                                                                   
                                                                               
 MASTER BILL HITCHCOCK testified next via teleconference from an               
 offnet site.  He stated that he was testifying in his individual              
 capacity, that his views do not represent any official position of            
 the Alaska court system.  He has had some substantial involvement             
 with the development of the citizens' review board, both in the               
 1990 bill and also on the national level with the National                    
 Association of Foster Care Reviewers.  He currently sits on the               
 Board of Directors of that association.                                       
                                                                               
 MASTER HITCHCOCK felt CSHB 127(HES) heads this program in the right           
 direction; keeping the independence of the panel and allowing the             
 program to move forward to eventually become statewide.  The bill             
 also strengthens the linkage with the formal court process by                 
 making it clear that the reports of the panels should come into the           
 court at various stages.  In the 1990 bill's development, he had an           
 opportunity to speak with the previous commissioner from the                  
 Department of Administration as well as the commissioner from DHSS.           
 He stated to them that he thought people needed to look at the fact           
 that this panel system is not a duplication of effort, this is a              
 needed, independent overview of the entire child protective system.           
                                                                               
                                                                               
 MASTER HITCHCOCK stated that the child welfare system is a multi-             
 disciplinary, it involves the actions and non-actions of a variety            
 of different agencies, primarily DFYS as the state mandated child             
 welfare agency.  This system can be a benefit or a detriment to a             
 child based upon the actions or non-actions of courts, of the                 
 Department of Law, the Office of Public Advocacy, the Public                  
 Defender Agency and some of the non-profits who provide services to           
 these families.  This system has become even more complex in the              
 last 10 to 15 years, it is not simply a matter of riding herd on              
 what DFYS does or does not do in their particular case plan.  The             
 panel presents a way to balancing the power in the system and put             
 some checks and balances in place with an independent citizen based           
 panel.  The cost is certainly an issue, particularly in a state               
 which is trying to control costs.  If the long-term yield is                  
 evaluated, not only of bringing that accountability and oversight             
 responsibility into play, but the involvement of citizens as                  
 volunteers in a very important government action, the welfare of              
 children and families.                                                        
                                                                               
 MASTER HITCHCOCK felt citizen involvement would broaden the horizon           
 for this entire system and begin to educate the community as a                
 whole about what the system is dealing with in terms of child                 
 abuse, neglect and dependency.  The long term yield will balance              
 the short term costs.  He has seen this scenario happen with a                
 court appointed special advocate program which works with the                 
 guardian ad litem.  This program trains dozens of citizens, year              
 after year, to serve on these cases to broaden the lens with which            
 we view these cases.  The values of having fresh insights and                 
 perspectives into case planning, negotiation, settlement and                  
 permancy planning is invaluable.                                              
 MASTER HITCHCOCK stated that only infrequently does he see the                
 reports of the review panel.  He has requested information from the           
 last two review panels for the case he will hear today.  He is                
 blocked from receiving that information prior to disposition or               
 review of the case.  He supported the early review concept which              
 would enable both the court and the department to move forward more           
 rapidly on handling some of these out-of-home placements.                     
                                                                               
 MASTER HITCHCOCK asked the committee to look at the long view of              
 this process.  He also asked them to look at the system which has             
 gotten a lot more complicated, affecting the lives of many                    
 children.  The current system does not do a good job of moving the            
 lives of these children to permancy.                                          
                                                                               
 Number 0654                                                                   
                                                                               
 REPRESENTATIVE PORTER asked how many times the panel would meet and           
 why the panel would need three different agency attorneys.                    
                                                                               
 Number 0677                                                                   
                                                                               
 MASTER HITCHCOCK explained that he did not have a great deal of               
 experience with the operations of the state panel.  He felt there             
 was an important function to be served regarding quality control              
 issue, the recruitment, training and oversight of that process of             
 the volunteers.  These volunteer programs depend on good screening            
 and quality control.  Another function served by the panel is the             
 annual reporting or periodic reporting to the legislature and the             
 Governor.  He said there has not been an aggregation of data on               
 systemic barriers to permancy.  These are the things that an                  
 oversight panel has to play a heavy role in because they will draw            
 together the results of many different panel reviews from around              
 the state in order to make some determinations.  This systems level           
 review, as opposed to a case level review, is almost as important             
 and in some cases more important.                                             
                                                                               
 MASTER HITCHCOCK stated that the Anchorage project has only had a             
 limited ability to carry this out as there has not been an ability            
 to gather a lot of the data.  The information they have delivered             
 has been anecdotal, not aggregate data.                                       
                                                                               
 Number 0758                                                                   
                                                                               
 L. DIANE WORLEY, Director, Division of Family and Youth Services,             
 Department of Health and Social Services, stated that DFYS is                 
 supportive of CSHB 127(HES) and the Citizens' Review Panel concept.           
 Back in 1990, when the bill was first passed, she was working in              
 the non-profit world and was appointed to the first citizens'                 
 review board.  She learned about the concept, what was trying to be           
 done, looking at the experiences of other states as it was a                  
 growing concept at that time.  They tried to develop an oversight             
 for children who are in the state child protection system.  She               
 still believes in the citizen review panels, it is a positive step            
 towards making the child protection system even stronger than it              
 currently is.                                                                 
                                                                               
 MS. WORLEY stated that DFYS reviews cases as required by law and,             
 even if they were not required to do it, they would still perform             
 these reviews as part of good case planning.  Throughout the state,           
 DFYS does approximately 1,200 six month reviews every year.  These            
 reviews are required under the Social Security Act, Federal IV-E.             
 The whole point of the Title IV-E reviews is that when the Social             
 Security Act first came about, the makers realized that children              
 who ended up in state custody, particularly those children who were           
 in a lower economic status without advocates or parents who had a             
 strong voice, appeared to be getting lost in our system.  The Title           
 IV-E regulation set up a process to ensure that the state followed            
 certain regulations and requirements.  These regulations determined           
 the set up of six month reviews; how to plan these cases to make              
 sure that the right people were being contacted and everything was            
 being done to make sure that this case was moving through the                 
 system in a logical, thoughtful planned and appropriate process               
 with a positive outcome at the end.  If this process happened, then           
 some federal dollars would be attached to help DFYS go through the            
 system.  She reiterated that the Title IV-E was a way to establish            
 a review process so that children did not get lost in the system,             
 particularly low income children who seemed to have the least                 
 amount of advocacy.                                                           
                                                                               
 Number 0892                                                                   
                                                                               
 MS. WORLEY stated that DFYS is required by law to do reviews of               
 every child who is placed in state custody, in out-of-home care,              
 every six months.  The reviews can be done in shorter periods of              
 time, 90 days.  Ultimately DFYS is required to do the review within           
 six months and to continue them every six months if they remain in            
 care.  There are many cases in this 1,200 review amount that are              
 terminated before six months, so they do not undergo an official              
 Title IV-E review.                                                            
                                                                               
 MS. WORLEY said, currently, the Anchorage pilot project for the               
 Citizens' Review Panel does about one-third of DFYS cases.  The               
 reviews done by the panel meet the Title IV-E requirement.  A DFYS            
 staff is there to make sure that all components of a Title IV-E are           
 met to ensure that DFYS does not have to go back and do another               
 review.  In the other parts of the state and for the other two-               
 thirds of the Anchorage cases, these reviews still occur with an              
 in-house staff from DFYS and at least one outside citizens.   She             
 referred to a time, before her current non-Administration position,           
 when she acted as the citizen participant for the Fairbanks                   
 reviews.  There are also panels in Fairbanks for the Indian Child             
 Welfare Act cases which include two representatives from the Native           
 Villages.  An in-house viewpoint in combination with at least one             
 citizen providing oversight makes up the formation of these panels.           
 MS. WORLEY stated that the difference between what DFYS is doing              
 and the overall concept of the Citizens' Review Panel is the issue            
 of accountability, having more time and having an outside                     
 perspective to look at the cases.                                             
                                                                               
 Number 1121                                                                   
                                                                               
 CHAIRMAN BUNDE referred to the 1,200 reviews and asked how many               
 reviews were done in 90 days, in 180 days.                                    
                                                                               
 Number 1135                                                                   
                                                                               
 MS. WORLEY did not have that data.  She stated that DFYS is                   
 changing their information system because they are not getting                
 accurate data from their current system.  She would estimate that             
 a majority, of the cases being done, do not have a formal review              
 until six months.  However the supervisor sits down with all the              
 staff on a regular basis and goes through cases.                              
                                                                               
 Number 1169                                                                   
                                                                               
 CHAIRMAN BUNDE mentioned that CSHB 127(HES) talks about phasing in            
 the review panel over a two year period.                                      
                                                                               
 Number 1178                                                                   
                                                                               
 MS. WORLEY mentioned the difficulty of managing volunteers.                   
 Implementing the program will be a busy process, it will take                 
 willing volunteers and is an ambitious timeline.  She concluded               
 that there are a lot of people in our communities who are willing             
 to do this type of work.                                                      
                                                                               
 Number 1215                                                                   
                                                                               
 CHAIRMAN BUNDE asked how DFYS would recruit the volunteers to sit             
 on the panel.                                                                 
                                                                               
 Number 1225                                                                   
                                                                               
 MS. WORLEY did not know if a plan had been set up, but ultimately             
 the state foster care review board would be doing the recruiting.             
 On the DFYS panels there are only a few citizens who participate,             
 and the citizen participants usually come from the service                    
 providing community.  These citizens already have some knowledge of           
 how the system works which eliminates some of the need for                    
 extensive training.                                                           
                                                                               
 Number 1243                                                                   
                                                                               
 REPRESENTATIVE GREEN clarified that the 1,200 reviews could be                
 broken down into 600 cases.  He looked at the fiscal note and                 
 estimated that this would break down into about $500 per child per            
 review.  He asked how long the reviews took.                                  
                                                                               
 Number 1289                                                                   
                                                                               
 MS. WORLEY said the DFYS reviews can take anywhere from 15 minutes            
 to one hour, depending upon the complexity of the case and how many           
 people choose to attend the case.  The division is required to                
 notify certain people of the review.  Sometimes no one will show up           
 except the social worker and the foster parent, other times it is             
 a whole array of people and those reviews often take longer.  The             
 circumstances of the review also change the time factor.  An                  
 example might be a child in out-of-home placement, who is going               
 home in two weeks.  However, it could be a child who keeps leaving            
 placements because of their behavior and this situation might                 
 require a lengthier discussion.                                               
                                                                               
 Number 1357                                                                   
                                                                               
 MS. McKINNON explained that she gets the packets, reads through               
 them and writes questions.  This is the same process other members            
 are doing, it adds five different viewpoints.  She said some cases            
 are shorter than others.  One case that she attended yesterday was            
 15 minutes long.  The panel tries to include positive things in               
 their reports, when possible, such as a social worker who is doing            
 an exceptional job.  Another case heard yesterday involved six                
 children and took the entire hour.  This case probably could have             
 continued for a longer time period, but another case was lined up.            
 The panel tries to write their report after the case is heard.  If            
 time runs out, then the report is written at the end of the day.              
                                                                               
 Number 1420                                                                   
                                                                               
 CHAIRMAN BUNDE stated that each hearing does not necessarily mean             
 a single child.                                                               
                                                                               
 MS. McKINNON verified that it depends on the size of the family.              
                                                                               
 Number 1430                                                                   
                                                                               
 REPRESENTATIVE GREEN clarified that even if the meetings took an              
 hour, it still works out to about $500 an hour.  He asked, if you             
 have volunteers, why it took so much to come up with a                        
 recommendation.  He asked if the fiscal note was inflated or if it            
 anticipated more cases.                                                       
                                                                               
 Number 1459                                                                   
                                                                               
 MS. WORLEY explained that the fiscal note was prepared by the                 
 Department of Administration.  She could say that a lot of paper              
 work was involved.  The case files are extremely large, some                  
 families have six children, some children have been in the state              
 system a long time.  A panel of five people means five copies of              
 information.  The requirement to notify people results in time to             
 prepare notification; calling, sending out notification as well as            
 locating absentee parents.  Contact needs to be made with the                 
 Native organizations in cases involving the Indian Child Welfare              
 Act.                                                                          
                                                                               
 MS. WORLEY believed that coordinating volunteers, providing                   
 technical assistance to do the training would be required.                    
 Volunteerism, while it is a wonderful concept, is not free and                
 sometimes more effort and money is put into training and assisting            
 volunteer programs than the cost of hiring someone.  The case                 
 review is a fairly complicated process involving many pieces.  A              
 key for the department is that they want the process to meet the              
 requirements of the Title IV-E to avoid duplication.  It has taken            
 the state almost five years to meet full compliance with the Title            
 IV-E rules.  The DFYS has been able to collect all the federal                
 money available.                                                              
                                                                               
 Number 1592                                                                   
                                                                               
 REPRESENTATIVE BRICE stated that currently the annual budget for              
 the current pilot program is about $120,000 and $130,000, not the             
 $451,000.  This amount drives the price down to about a $100 a                
 case.  The $451,000 represents a number which is spread out around            
 the state and would represent all cases.                                      
                                                                               
 Number 1652                                                                   
                                                                               
 MS. WORLEY said the numbers for the entire southcentral region,               
 which is not just Anchorage, are 800 cases.  The $120,000 amount              
 represents only a third of the cases in the Anchorage office.  The            
 1,200 cases refer to cases statewide.                                         
                                                                               
 MS. SWENSON said the program should be fully implemented within the           
 next two years with an extra year of flexibility if needed.                   
                                                                               
 Number 1696                                                                   
                                                                               
 REPRESENTATIVE PORTER stated that this is the only budget where he            
 would overlook the fact that there will be savings and suggested              
 not trying to get that back because of other needs which are not              
 currently being met.  When this panel system is up and running; the           
 state board is overseeing the organization, development, training             
 and the position of volunteers, he asked how much time the board              
 would meet per month.                                                         
                                                                               
 Number 1732                                                                   
                                                                               
 MS. WORLEY explained that this is a Department of Administration              
 program, it enables an arms length review of DFYS.  She would not             
 want to address the state board's role.                                       
                                                                               
 Number 1763                                                                   
                                                                               
 MS. SWENSON said the board will have to meet a number of times                
 within the first few months to determine regulations, set their               
 policies, appoint panel members, increase the panel members in                
 Anchorage and do training for the new panels in Fairbanks.                    
 Fairbanks will be the only part of this program set up during the             
 first year.  She could not say what the hours would be, but it                
 represents a lot of work for one year so she envisioned it as being           
 a half time or more job.                                                      
                                                                               
 Number 1788                                                                   
                                                                               
 REPRESENTATIVE PORTER commented that he had difficult trying to               
 figure out the need to have a representative, an attorney, from the           
 Office of Public Advocacy and someone from the Public Defender's              
 Agency attend these meetings.                                                 
                                                                               
 Number 1802                                                                   
                                                                               
 MS. SWENSON explained that those are non-voting members on the                
 state board.  Those people do not have to attend to make a quorum.            
                                                                               
 Number 1813                                                                   
                                                                               
 REPRESENTATIVE PORTER understood the need to have legal advice.               
                                                                               
 Number 1816                                                                   
                                                                               
 MS. WORLEY said the reason for their participation was that these             
 are the agencies represented in a Child Protective Services (CPS)             
 case, each with a different perspective, a different part of a                
 review.  The Office of Public Advocacy would act as a guardian ad             
 litem.  The attorney general is the representative for DHSS, giving           
 stating when a case can be moved forward.  The public defender                
 oftentimes represents the parents.  The goal of the state board was           
 to ensure input from all of these different segments, to represent            
 and speak out for the different people involved in a child                    
 protective services case.  She did not view it as legal advice to             
 the board, but a different representation as policies and                     
 procedures are worked out in the board.                                       
                                                                               
 Number 1871                                                                   
                                                                               
 REPRESENTATIVE PORTER said the Office of Public Advocacy is the               
 guardian ad litem, but they also take conflict cases from the                 
 Public Defender Agency so they are capable of providing both                  
 perspectives; criminal defense and guardian ad litem.  Usually DFYS           
 would not go after the Department of Law's advice, so he did not              
 know why those representatives needed to be there all the time.               
 These agencies are involved in a lot of important functions, to the           
 extent that we keep drawing off their resources is harmful to                 
 everything.                                                                   
                                                                               
 Number 1897                                                                   
                                                                               
 MS. SWENSON explained that those people were on the original board            
 and this inclusion of representatives is in current statute.  If he           
 wanted to change this, the bill could be amended.                             
                                                                               
 TAPE 97-29, SIDE A                                                            
 Number 0000                                                                   
                                                                               
 CHAIRMAN BUNDE announced that no decision will be made today on               
 CSHB 127(HES).                                                                
 HB 153 - ALIENS AND ASSISTANCE PROGRAMS                                     
                                                                               
 Number 0071                                                                   
                                                                               
 CHAIRMAN BUNDE announced the next item on the agenda was HB 153,              
 "An Act relating to the eligibility of aliens for state public                
 assistance and medical assistance programs affected by federal                
 welfare reform legislation; and providing for an effective date."             
                                                                               
 Number 0113                                                                   
                                                                               
 JAY LIVEY, Deputy Commissioner, Office of the Commissioner,                   
 Department of Health and Social Services, said this bill                      
 grandfathers in all of those legal aliens, who were in the country            
 as of August 22, 1996, into the Medicaid program, Adult Public                
 Assistance and Alaska Temporary Assistance Program (ATAP).  This is           
 the date when the federal welfare reform passed.  Congress put                
 restrictions on the programs for which legal aliens would be                  
 eligible.  This reform says that for food stamps and Supplemental             
 Security Income, which are federally funded programs, legal aliens            
 would no longer be eligible no matter when they entered the                   
 country.  Congress also said, for those programs which are half               
 state funded and half federal funded, that states have a choice.              
 A state can choose to grandfather in all of those aliens who are              
 covered as of August 22, 1996, and then choose to exclude aliens              
 who come in after August 22, 1996.                                            
                                                                               
 MR. LIVEY explained that the proposed legislation grandfathers in             
 those legal aliens, who arrived into the country before August 22,            
 1996, into those type of programs; Medicaid and ATAP.  He said the            
 other program grandfathered in is Adult Public Assistance (APA)               
 which is a general fund program.  Legal aliens arriving after                 
 August 22, 1996, would not be eligible for these programs for five            
 years.                                                                        
                                                                               
 Number 0315                                                                   
                                                                               
 MR. LIVEY stated that there is a fiscal note for each program.  For           
 APA and ATAP, some people are currently eligible because they are             
 in the program and arrived in the country before August 22, 1996.             
 The DHSS has provided negative fiscal notes for those programs                
 because, over time, that pool of people will slowly become smaller            
 as people leave the programs due to the general attrition of the              
 programs.  Those two programs have a negative fiscal note.  There             
 is a zero fiscal note for the Medicaid program because the state              
 has to affirmatively choose, through the Governor's legislation, to           
 continue the provision of eligibility.  If the Governor's bill                
 doesn't pass, then people are not eligible for Medicaid.                      
 Technically however, the Medicaid provision is not based on the               
 Governor's bill passing.  The fiscal note talks about a slight                
 savings if this bill doesn't pass.  If the bill passes, the savings           
 that accrue are not due to the bill passing and so the fiscal note            
 is zero.  The savings which accrue is a DHSS budget item.                     
                                                                               
 Number 0485                                                                   
                                                                               
 REPRESENTATIVE BRICE made a motion to move HB 153 with individual             
 recommendations and accompanying fiscal notes.  Hearing no                    
 objection, HB 153 was moved from the House Health, Education and              
 Social Services Standing Committee.                                           
 HJR 29 - FUNDING FOR PROSTATE CANCER RESEARCH                               
                                                                               
 Number 0516                                                                   
                                                                               
 CHAIRMAN BUNDE announced the next item on the agenda as HJR 29,               
 Supporting an increase in federal funding for prostate cancer                 
 research.                                                                     
                                                                               
 Number 0526                                                                   
                                                                               
 REPRESENTATIVE KIM ELTON, sponsor of HJR 29, stated that he was               
 piggy backing on the hard work and the commitment of a lot of                 
 people in his community and around the state.  Prostate cancer is             
 the second most common form of cancer among males in the United               
 States.  One of out every five men will be afflicted with this                
 cancer.  This year, an estimated 334,500 men will be diagnosed with           
 the disease and the disease will cause over 41,800 deaths.  This              
 resolution asks the President to increase funding for prostrate               
 cancer programs as prostate cancer remains an enigma to the medical           
 community.  He wanted HJR 29 to accompany an effort by the American           
 Cancer Society and people all across the United States who are                
 trying to deliver a million signatures to the President by Father's           
 Day in June of 1997.                                                          
                                                                               
 Number 0711                                                                   
                                                                               
 CHAIRMAN BUNDE added that 80 or 90 percent of all males will die              
 with prostrate cancer.                                                        
                                                                               
 Number 0745                                                                   
                                                                               
 REPRESENTATIVE DYSON made a motion to move HJR 29.  Hearing no                
 objections HJR 29 was moved from the House Health, Education and              
 Social Services Standing Committee.                                           
 ADJOURNMENT                                                                   
                                                                               
 There being no further business to conduct, CHAIRMAN BUNDE                    
 adjourned the meeting of the House Health, Education and Social               
 Services Standing Committee at 4:40 p.m.                                      
                                                                               

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