Legislature(2005 - 2006)CAPITOL 106

02/03/2005 03:00 PM House HEALTH, EDUCATION & SOCIAL SERVICES


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Audio Topic
03:02:24 PM Start
03:04:12 PM Children in Need of Aid
04:46:23 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Overview: Children in Need of Aid
Dept. of Law and
Marcie Kennai, Deputy Commissioner
Office of Children's Services
                    ALASKA STATE LEGISLATURE                                                                                  
 HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES STANDING COMMITTEE                                                               
                        February 3, 2005                                                                                        
                           3:02 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Peggy Wilson, Chair                                                                                              
Representative Paul Seaton, Vice Chair                                                                                          
Representative Vic Kohring                                                                                                      
Representative Lesil McGuire                                                                                                    
Representative Sharon Cissna                                                                                                    
Representative Berta Gardner                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Tom Anderson                                                                                                     
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
OVERVIEW(S):  CHILDREN IN NEED OF AID                                                                                           
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                              
No previous committee action to report                                                                                          
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
MARCIE KENNAI, Deputy Commissioner                                                                                              
Central Office                                                                                                                  
Office of Children's Services (OCS)                                                                                             
Department of Health and Social Services (DHSS)                                                                                 
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented the overview regarding children                                                                  
in need of aid.                                                                                                                 
                                                                                                                                
JAN RUTHERDALE, Assistant Attorney General                                                                                      
Human Services Section                                                                                                          
Civil Division (Juneau)                                                                                                         
Department of Law (DOL)                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Assisted in presenting the overview                                                                        
regarding children in need of aid.                                                                                              
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR PEGGY WILSON called the  House Health, Education and Social                                                             
Services  Standing  Committee meeting  to  order  at 3:02:24  PM.                                                             
Representatives  Wilson,  Seaton,  [Gardner],  and  Kohring  were                                                               
present  at  the call  to  order.   Representatives  McGuire  and                                                               
Cissna arrived as the meeting was in progress.                                                                                  
                                                                                                                                
^OVERVIEW(S)                                                                                                                  
                                                                                                                                
^CHILDREN IN NEED OF AID                                                                                                      
                                                                                                                                
CHAIR WILSON announced  that the only order of  business would be                                                               
the overview regarding children in need of aid.                                                                                 
                                                                                                                                
3:04:12 PM                                                                                                                    
                                                                                                                                
MARCIE  KENNAI, Deputy  Commissioner, Central  Office, Office  of                                                               
Children's  Services  (OCS),  Department  of  Health  and  Social                                                               
Services  (DHSS), presented  the overview  regarding children  in                                                               
need of aid.  She said that  the OCS is an agency specializing in                                                               
intervention,  offering only  limited prevention  services.   The                                                               
OCS only  becomes involved in  a family's  life if it  receives a                                                               
report  from either  a [member  of the]  community or  a mandated                                                               
reporter that a  child is being harmed.  Any  reporter can remain                                                               
anonymous if he/she  so chooses.  When such a  report is received                                                               
by any  of the OCS's 28  offices, a series of  questions is asked                                                               
of  the  person making  the  report  in  order to  determine  how                                                               
serious the  situations is, whether  intervention is  called for,                                                               
and how quickly the OCS needs to act in its investigation.                                                                      
                                                                                                                                
MS. KENNAI  said that during  the initial screening  process, the                                                               
OCS uses  an actuarial-based decision-making tool,  which is also                                                               
used  nationally,   in  order  to   make  its   determination  in                                                               
accordance  with   three  categories  of  priority.     Emergency                                                               
situations are  considered priority one referrals,  and warrant a                                                               
visit  with  the  child  within 24  hours;  situations  that  are                                                               
considered priority two referrals warrant  a visit with the child                                                               
within 72 hours; and situations  that are considered "lower level                                                               
reports" warrant a visit with the  child within seven days.  When                                                               
conducting  an investigation,  the  OCS will  go  to the  child's                                                               
home, school,  or other location  in order  to look at  the child                                                               
directly,  and  will  conduct interviews  with  the  parents  and                                                               
others  that  have  information.    At  that  point  in  time,  a                                                               
determination  is  made as  to  whether  the  report of  harm  is                                                               
substantiated.                                                                                                                  
                                                                                                                                
MS. KENNAI added:                                                                                                               
                                                                                                                                
     Throughout the course of the  investigation, if we feel                                                                    
     that  the child  is in  danger  ... or  in a  situation                                                                    
     where  there  might  be  imminent  harm,  we  can  take                                                                    
     emergency custody.   [When we] take  emergency custody,                                                                    
     we need to be in court  within ... 48 hours of filing a                                                                    
     petition.   So we  file the  petition within  24 hours,                                                                    
     and we  need to be  in court within  48 hours.   And so                                                                    
     there are some  checks and balances in  the system; ...                                                                    
     [for  example,  the]  OCS might  file  a  petition  and                                                                    
     intervene,  but  the  court ...  will  hear  the  facts                                                                    
     surrounding the  case to determine if  [the] OCS should                                                                    
     continue  to have  custody.   Of course  some of  those                                                                    
     investigations  result  in  ...   the  case  not  being                                                                    
     substantiated.   We  [can] then  refer  the family  for                                                                    
     services  if  [we  think]  they're  at  risk.    We  do                                                                    
     contract  with providers  in a  variety of  communities                                                                    
     [in  order to  provide]  family preservation  services,                                                                    
     ...  so families  who have  some risk,  but who  do not                                                                    
     rise  to the  level  where the  children need  removal,                                                                    
     would be referred for those community-based services.                                                                      
                                                                                                                                
3:10:06 PM                                                                                                                    
                                                                                                                                
JAN  RUTHERDALE,  Assistant   Attorney  General,  Human  Services                                                               
Section,  Civil  Division  (Juneau),  Department  of  Law  (DOL),                                                               
assisted in  presenting the overview  regarding children  in need                                                               
of  aid.   She  relayed  that statewide  within  the DOL's  Human                                                               
Services Section,  there are 24 attorneys  representing the DHSS,                                                               
with  19 of  those  attorneys working  on child  in  need of  aid                                                               
(CINA) cases.   She  said that her  division starts  working with                                                               
the OCS well before the  aforementioned petitions are filed.  She                                                               
elaborated:                                                                                                                     
                                                                                                                                
     A social  worker will call  and say:   "I have  a case.                                                                    
     ...  Here are  the  facts.   Do  I  have  enough to  go                                                                    
     forward or  not?"  And  we'll provide legal  advice for                                                                    
     that.  ...   There's  two  types  of   petition:    ...                                                                    
     emergency   and   nonemergency.    ...   An   emergency                                                                    
     [petition] is  filed within 24  hours of  the emergency                                                                    
     custody being taken, and there  are certain grounds for                                                                    
     taking emergency  custody; [there have] ...  to be very                                                                    
     serious reasons  for taking  the child  before actually                                                                    
     going to court.   For nonemergency petitions, obviously                                                                    
     we go  to court  first, ask for  custody, ...  and then                                                                    
     it's up the court.                                                                                                         
                                                                                                                                
     And  so it  gives us  [the]  ... power  to protect  the                                                                    
     child when that  needs to happen, but  it also requires                                                                    
     us to  get into  court very quickly  - within  48 hours                                                                    
     ... - so  that the evidence can be tested.   And that's                                                                    
     done  at the  temporary  custody  hearing, the  initial                                                                    
     hearing, and ... there's two  things that the state has                                                                    
     to  prove ...  at that  hearing.   One is  that there's                                                                    
     probable cause  ... that the  child is a child  in need                                                                    
     of  aid.     It's  a  low  standard.     It's  not  [a]                                                                    
     preponderance of  the evidence,  which is  the standard                                                                    
     at trial.                                                                                                                  
                                                                                                                                
3:12:52 PM                                                                                                                    
                                                                                                                                
MS.  RUTHERDALE,  in  response   to  a  request,  explained  that                                                               
emergency  custody  would be  warranted  if  the child  has  been                                                               
subjected to physical abuse - or  is at substantial risk of being                                                               
physically abused  - and his/her  injuries are such  that they're                                                               
life threatening  or require immediate medical  attention; if the                                                               
child has been abandoned; if the  child or a sibling has suffered                                                               
sexual  abuse;  or  if  the  child has  been  neglected  -  which                                                               
involves a  failure to provide  shelter, clothing,  food, medical                                                               
attention, or  necessary supervision - or  physically damaged and                                                               
requires  immediate medical  attention or  the situation  is life                                                               
threatening.   She relayed that  AS 47.10.011 outlines  the basis                                                               
for  going  to court.    During  the investigation  process,  the                                                               
surrounding  circumstances  have  to  be evaluated  by  a  social                                                               
worker to determine  whether court action or  emergency action is                                                               
really warranted.                                                                                                               
                                                                                                                                
REPRESENTATIVE  GARDNER asked  whether  there  are situations  in                                                               
which the  state would move  to take  custody of a  child without                                                               
removing him/her from the home.                                                                                                 
                                                                                                                                
MS.  RUTHERDALE said  yes.    She mentioned  that  at that  first                                                               
hearing,  the  State must  show  probable  cause that  it  should                                                               
remain  involved  in the  child's  life  pending the  next  court                                                               
hearing, or  must show  probable cause that  the child  should be                                                               
removed from his/her home.   In the latter situation, there would                                                               
have to  be real evidence  that allowing  the child to  remain at                                                               
home would  be contrary to the  welfare of the child.   She noted                                                               
that in Indian  Child Welfare Act (ICWA) cases, it  must be shown                                                               
by  clear and  convincing evidence,  which is  a higher  standard                                                               
than probable  cause, that allowing  the child to remain  at home                                                               
would put  him/her at risk  of substantial physical  or emotional                                                               
damage.                                                                                                                         
                                                                                                                                
MS. RUTHERDALE  offered her belief  that at least in  Juneau, the                                                               
ICWA has  raised the  bar for  all cases, in  that the  court has                                                               
become  so  accustomed  to  using   the  standard  of  clear  and                                                               
convincing  evidence that  it now  uses it  in all  [CINA] cases;                                                               
this,  however, may  be due  to the  fact that  in most  cases in                                                               
Juneau,  the Native  heritage of  one or  both parents  makes the                                                               
child eligible for the ICWA standard.                                                                                           
                                                                                                                                
3:21:14 PM                                                                                                                    
                                                                                                                                
MS. RUTHERDALE, in response to  a another question, said that the                                                               
ICWA  standard provides  good guidance  for  situations in  rural                                                               
Alaska because  it requires  the court to  look at  the community                                                               
norms in determining whether a child  should remain at home.  She                                                               
noted  that once  probable cause  is found  and either  temporary                                                               
custody or  temporary supervision  is granted,  the court  has to                                                               
set an  adjudication hearing within  120 days;  that adjudication                                                               
hearing  is the  trial, the  CINA trial  that determines  whether                                                               
that child is in need of aid.                                                                                                   
                                                                                                                                
MS. KENNAI  explained that during  that 120 days, while  the case                                                               
is in temporary custody status, the  OCS works with the family to                                                               
try to find  solutions to the issues that caused  the problem and                                                               
to develop  a "permanency plan"  for the  child - and  this might                                                               
include  placing the  child with  another family  member or  in a                                                               
foster  home,  and  providing  services  and  guidelines  to  the                                                               
parents.   Then  at the  adjudication,  the OCS  can provide  the                                                               
court with  a progress  report and  recommendations based  on the                                                               
work  that   the  OCS   does  with  the   family.     This  work,                                                               
incidentally,  can go  on  beyond the  time  of the  adjudication                                                               
hearing.                                                                                                                        
                                                                                                                                
MS. RUTHERDALE  added that the  hope is  that the family  will be                                                               
able  to leave  the  system as  a result  of  the home  situation                                                               
improving.                                                                                                                      
                                                                                                                                
3:28:21 PM                                                                                                                    
                                                                                                                                
MS.  KENNAI said  that the  OCS generally  begins working  with a                                                               
family  with  the long-term  goal  of  reuniting the  child  with                                                               
his/her parents - reunification; this  goal is achieved in almost                                                               
60  percent of  OCS  cases, though  it can  often  take time  and                                                               
resources.   She  noted,  however,  that if  a  child  is in  OCS                                                               
custody for  the last 15 out  of 22 months, federal  law requires                                                               
the OCS  to consider plans for  adoption if the parents  have not                                                               
been successful in  changing their behavior in a  given amount of                                                               
time.  That federal requirement can  be overridden if the OCS has                                                               
reasonable  cause to  believe that  the parents  just need  a few                                                               
more months but are succeeding  in treatment; in such situations,                                                               
the OCS  can go to court  and request that it  grant an exemption                                                               
to that federal requirement.                                                                                                    
                                                                                                                                
MS.  KENNAI  relayed  that  children  often  come  to  the  OCS's                                                               
attention because of a parent's  addiction or mental illness, but                                                               
it  can  take  seven  or   nine  attempts  at  [substance  abuse]                                                               
treatment  before recovery  is actually  successful, and  the OCS                                                               
cannot wait long  periods of time before taking  action.  Instead                                                               
the OCS and the court  must make difficult decisions about moving                                                               
toward termination  of parental rights at  the 15-month timeline.                                                               
At the 12-month timeline, the OCS  will go back to court, and the                                                               
court  reviews the  permanency  plan.   Additionally  the OCS  is                                                               
required  by federal  law to  perform an  internal administrative                                                               
review of the permanency plan every six months.                                                                                 
                                                                                                                                
MS. KENNAI  mentioned that  in addition  to large  caseloads, the                                                               
inherent conflict in attempting to  meet both a child's needs and                                                               
a  parent's  needs  can  lead  to high  burnout  rates  and  high                                                               
turnover rates for OCS employees.   "Just the difficult nature of                                                               
removing children from  their families or making  the decision to                                                               
terminate parental  rights is  ... a  tremendous, heart-wrenching                                                               
decision for us," she added.                                                                                                    
                                                                                                                                
3:33:10 PM                                                                                                                    
                                                                                                                                
MS. KENNAI,  in response to a  question, said the OCS  would like                                                               
to see  parents be clean from  their addictions for at  least six                                                               
months,  that the  OCS gives  parents a  lot of  opportunities to                                                               
succeed in  treatment, but sometimes the  necessary resources are                                                               
not available for those parents,  particularly in remote areas of                                                               
Alaska.   There are many factors  that can make it  difficult for                                                               
parents to  recover so  as to possibly  get their  children back,                                                               
and the  OCS considers  those factors  when working  with parents                                                               
and then presents that information  to the court as evidence that                                                               
termination  of  parental rights  at  that  point in  time  might                                                               
possibly be premature.                                                                                                          
                                                                                                                                
CHAIR WILSON  asked what happens  if the parents leave  the state                                                               
with their children.                                                                                                            
                                                                                                                                
MS.  RUTHERDALE said  that  if  the State  has  custody, such  an                                                               
action would  be considered custodial  interference in  the first                                                               
degree, which is a felony if  it involves taking the children out                                                               
of state, and could subject  the parents to criminal prosecution;                                                               
the State  can also have  law enforcement retrieve  the children.                                                               
She  noted  that  even  when  the State  has  only  been  granted                                                               
supervision  of  a   child  rather  than  custody,   there  is  a                                                               
presumption  by  the  court  that  the  parent  is  cooperatively                                                               
working  with  the  State.    She   said  that  if  she  has  any                                                               
inclination that a  parent might leave the state  with the child,                                                               
she would  ask for  a court  order specifically  prohibiting such                                                               
action.  As  a practical matter, she remarked,  there are several                                                               
types of  parents:  there are  parents who are really  trying and                                                               
are working at  changing their lives so as to  get their children                                                               
back; and  there are parents who  are trying but, for  any number                                                               
of  reasons,  just aren't  succeeding  -  such parents  generally                                                               
don't opt to just run away out of state with the children.                                                                      
                                                                                                                                
MS. RUTHERDALE noted  that at one point in time,  the attitude of                                                               
the  State was  one of  seeking reunification  at all  costs, and                                                               
this resulted in  many children simply drifting  from foster home                                                               
to  foster home  because the  State wasn't  willing to  terminate                                                               
parental rights  and find  permanent homes for  the children.   A                                                               
lot of  the parents that the  OCS is dealing with  now were those                                                               
children, who never  had a chance to experience  permanency.  The                                                               
federal government,  via the  Adoption and  Safe Families  Act of                                                               
1977, has said  that parents do have rights, but  there is a time                                                               
limit - they don't have rights  forever.  As a result, Alaska law                                                               
now requires the  OCS to make sure that the  children are getting                                                               
a permanent home.                                                                                                               
                                                                                                                                
3:40:20 PM                                                                                                                    
                                                                                                                                
MS. RUTHERDALE said  that when the 12-month  review is conducted,                                                               
the  OCS doesn't  have to  terminate parental  rights, and  often                                                               
doesn't, as  long as  the OCS can  document a  compelling reason,                                                               
which are outlined in a list, for  not doing so.  She offered the                                                               
following examples:                                                                                                             
                                                                                                                                
     The kid's  16 years  old ...  and really  the permanent                                                                    
     plan  is  emancipation   or  getting  [him/her]  enough                                                                    
     services so  that when [he/she]  turns 18  [he/she] can                                                                    
     go forth  in the  world.   Or ...  maybe the  child has                                                                    
     such   significant    issues   [himself/herself]   that                                                                    
     [he/she] just  [isn't] adoptable,  and nobody  wants to                                                                    
     make [an orphan] out of  [him/her]. ... The whole point                                                                    
     of terminating  parental rights  is to  free [children]                                                                    
     for  adoption,  and  so  we  don't  want  to  terminate                                                                    
     parental rights just  for the sake of it.   But another                                                                    
     really  main one  is, we  don't  terminate because  the                                                                    
     parents  are showing  progress and  maybe [it'll]  take                                                                    
     them a little longer, but  that's okay - they're moving                                                                    
     in the right direction.                                                                                                    
                                                                                                                                
     And  I've had  cases  where  ... we've  gone  in at  12                                                                    
     months  and said,  "You know,  they're making  progress                                                                    
     but  we're  just not  sure  it's  going to  work,"  or,                                                                    
     "They're not  making progress,"  and we  go and  file a                                                                    
     termination petition  within the  next few  months, and                                                                    
     set  the trial  for, say,  three  months.   So now  six                                                                    
     months have gone  by, and during those  six months, the                                                                    
     whole  process  of  saying, "It's  not  working;  we're                                                                    
     going  to terminate,"  has  galvanized  the parent  and                                                                    
     they suddenly turn  around, and we go  into court [and]                                                                    
     say, "We're dismissing  the termination petition; we're                                                                    
     placing  the children  back."   So  I  think it's  good                                                                    
     because it's a  wakeup call to the parents  to say, "We                                                                    
     can't wait  forever for these kids  - you do it  now or                                                                    
     not ever."                                                                                                                 
                                                                                                                                
3:42:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER,  noting that  she  has  been a  contract                                                               
guardian  ad   litem  for  some   years,  raised  the   issue  of                                                               
visitation.   She  said that  according to  her experience,  when                                                               
parents  are not  making progress,  they often  are only  allowed                                                               
supervised  visits with  their  children and  so  don't have  the                                                               
opportunity to  snatch their  children away.   However,  what she                                                               
has  found and  what  raises  a concern  for  her  is that  these                                                               
supervised visits  are being conducted  in surroundings  that are                                                               
not necessarily the most conducive to family bonding.                                                                           
                                                                                                                                
3:45:04 PM                                                                                                                    
                                                                                                                                
MS. RUTHERDALE relayed  that at least in  Southeast Alaska, there                                                               
are alternative  settings for visitations  that can offer  a more                                                               
homelike setting, but  agreed that there is a  lack of resources,                                                               
a lack  of people to  actually supervise the visits,  most likely                                                               
due  to  cutbacks in  funding.    She acknowledged  that  without                                                               
visitation,  the  bonding between  parents  and  children can  be                                                               
lost,  and  that visitation  can  encourage  parents to  stay  in                                                               
treatment by  reminding them of why  they are there in  the first                                                               
place.                                                                                                                          
                                                                                                                                
3:46:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER asked how often, on average, during the                                                                  
first month of out of home placement, do children get to see                                                                    
their parents.                                                                                                                  
                                                                                                                                
MS. KENNAI first replied, "Not often enough," but then added:                                                                   
                                                                                                                                
     We know  this is an  issue, and ... certainly  when the                                                                    
     feds   came   here   and  reviewed   Alaska's   system,                                                                    
     visitation was  a big issue  for us.   It was  an issue                                                                    
     that we were  not doing well with.  So  we are trying a                                                                    
     lot  harder now;  I think  we are  getting better,  but                                                                    
     [there is]  certainly not enough [visitation].   What I                                                                    
     would  like to  tell you  is  that there  is some  very                                                                    
     exciting  work going  on  in Anchorage  -  and we  will                                                                    
     begin to  spread this around  the rest of the  state as                                                                    
     soon  as we  can; ...  we  are beginning  to work  with                                                                    
     foster parents  differently, we  will begin  to recruit                                                                    
     them differently,  and we will begin  to redefine their                                                                    
     role.   And  one of  their roles  will be  to supervise                                                                    
     visits between parents and children.                                                                                       
                                                                                                                                
     And at this particular time,  the way we currently work                                                                    
     with  foster  parents,  we   really  don't  have  those                                                                    
     expectations.  And  so we are moving forward.   We have                                                                    
     a  demonstration project  in Anchorage  called "Family-                                                                    
     to-Family [Initiative]";  it is funded by  the Rasmuson                                                                    
     Foundation   and  we   receive  a   lot  of   technical                                                                    
     assistance from  the Annie E. Casey  Foundation, but it                                                                    
     is changing  the way  we work,  and we're  beginning to                                                                    
     see some wonderful results in  Anchorage.  And so we're                                                                    
     going to  kind of  redefine our recruitment  message as                                                                    
     we  begin to  go out  and look  for foster  parents; we                                                                    
     will say this is an  expectation, because we do believe                                                                    
     that  that  is  part   of  their  responsibility.    In                                                                    
     addition  to  that,  we do  ...  have  some  supervised                                                                    
     visitation contracts around the state. ...                                                                                 
                                                                                                                                
     But  supervised visitation  is only  necessary when  we                                                                    
     really think  the parent is  a danger.  We  should have                                                                    
     opportunities  to ...  allow the  biological parent  to                                                                    
     visit in  the foster home  or take [his/her  child out]                                                                    
     to lunch.   We  are required  ourselves to  visit every                                                                    
     child every  month; we are  required by federal  law to                                                                    
     make sure that  the parents and the  child are visiting                                                                    
     every  month.    And  so   we  need  to  meet  our  own                                                                    
     requirements and our  own policy.  Some of  this is due                                                                    
     to  caseload and  our  own lack  of  resources and  the                                                                    
     ability of workers  to have the time to do  that. ... I                                                                    
     thank all of you who  were here last session for giving                                                                    
     us  26  new positions,  because  that  has made  a  big                                                                    
     difference in our  ability to move forward  and to make                                                                    
     these things happen,  and they are in  the child's best                                                                    
     interest.                                                                                                                  
                                                                                                                                
3:49:28 PM                                                                                                                    
                                                                                                                                
CHAIR  WILSON,  referring  to Representative  Gardner's  previous                                                               
question, asked how many visits would be enough.                                                                                
                                                                                                                                
MS. KENNAI, noting  that the requirement is one  visit per month,                                                               
suggested that at  least two visits during the  first month would                                                               
be good, as  would weekly visits.  "It keeps  a parent motivated,                                                               
... especially in the beginning," she added.                                                                                    
                                                                                                                                
MS. RUTHERDALE, in  response to comments, said  her experience is                                                               
that  social  workers  try  to arrange  for  frequent  visits  of                                                               
lengthy duration,  and sometimes  even daily  contact.   The one-                                                               
month requirement is  simply a federal minimum.   She pointed out                                                               
that parents  can get  the court to  review whether  more visits,                                                               
even supervised  visits, are in  order; when such  happens, there                                                               
are  different entities  around the  state that  can provide  the                                                               
supervision.                                                                                                                    
                                                                                                                                
3:53:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA, noting that she  has been a foster parent,                                                               
mentioned that  there seems to always  be a need for  more foster                                                               
parents and that  there is a tremendous amount of  turnover.  She                                                               
asked [Ms. Kennai] to comment.                                                                                                  
                                                                                                                                
MS. KENNAI said:                                                                                                                
                                                                                                                                
     A  major  part  of  our system  reform  ...  [involves]                                                                    
     working with  foster parents -  it's that  whole foster                                                                    
     parent  piece. ...  We're changing  the way  we license                                                                    
     foster parents so  that we put intense  home studies up                                                                    
     front.  ... Right  now we  do  kind of  a cursory  home                                                                    
     study on  foster parents; people  who come to  apply to                                                                    
     us to  be a foster  parent meet certain  standards that                                                                    
     are set forth in statute  and policy, and then they are                                                                    
     licensed if  they meet  those standards.   Most  of our                                                                    
     adoptions  ... that  take  place  [involve] ...  foster                                                                    
     parents who  are adopting the children  in their homes.                                                                    
     At the  point they request  to adopt, we do  a thorough                                                                    
     home study, a thorough family assessment.                                                                                  
                                                                                                                                
     We are  moving that  process to the  front end  so that                                                                    
     starting in February, where we  will begin in Anchorage                                                                    
     - and  we can only  begin in Anchorage,  again, because                                                                    
     of staff  resources -  to do  intense home  studies; in                                                                    
     addition to looking at whether  a home meets standards,                                                                    
     we will begin to really  do a family assessment.  We've                                                                    
     had all  our licensing workers trained  about two weeks                                                                    
     ago.  We  had some expert consultants come  in to train                                                                    
     all of  our licensing  workers on how  you do  a family                                                                    
     assessment, because  right now they're not  doing them.                                                                    
     And so this will change - moving forward.                                                                                  
                                                                                                                                
3:58:50 PM                                                                                                                    
                                                                                                                                
MS. KENNAI continued:                                                                                                           
                                                                                                                                
     The other  thing we are  changing is that we  will have                                                                    
     two  types  of workers:    we'll  have the  worker  who                                                                    
     actually  does the  home study  and the  licensing, and                                                                    
     then  we will  have [foster]  family support  workers -                                                                    
     ...  or  what  we're calling  resource  family  support                                                                    
     workers.   And so that  is part of the  budget package;                                                                    
     in  the  positions  that  I   have  requested,  I  have                                                                    
     requested 10 new, what I  call, foster parent staff, or                                                                    
     resource family staff, so that  we will be able to have                                                                    
     workers  who  do nothing  but  have  the time  to  chat                                                                    
     [with,  to  visit,  at   least  monthly,  every  foster                                                                    
     parent.   That  is, it  doesn't  matter if  you have  a                                                                    
     child in  the home,  you may  be between  children, but                                                                    
     you still  have some things  you need to talk  about or                                                                    
     improve upon  - some training  needs - whatever  it is.                                                                    
     So we will be creating that staff.                                                                                         
                                                                                                                                
MS. KENNAI, in  response to a comment,  offered her understanding                                                               
that  the  aforementioned  proposed home  studies,  the  proposed                                                               
family assessments, will be more  intensive than what prospective                                                               
foster  parents  are  currently undergoing.    And  again,  those                                                               
family assessments will be done  up front rather than waiting for                                                               
foster parents to  make an adoption request.   She suggested that                                                               
the  proposed  studies  will  allow  the  OCS  to  screen  foster                                                               
families better  and get to  know them better and,  thus, support                                                               
them better.   She mentioned that most other  states already have                                                               
this piece, and it has simply been missing from Alaska's system.                                                                
                                                                                                                                
4:03:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER, noting  that she is also  a former foster                                                               
parent, said she applauds the  movement in that direction because                                                               
one  of the  most important  things she  was able  to do  for the                                                               
children  in her  care  was  to mentor  their  birth parents  and                                                               
support  them.   She noted  that  most parents  who've had  their                                                               
children removed from  the home are not bad  parents; rather they                                                               
are simply struggling  with a lot of issues  and need assistance.                                                               
She asked whether  the proposed family assessments  will create a                                                               
delay in licensing new foster parents.                                                                                          
                                                                                                                                
MS.  KENNAI  said  the  OCS  does  currently  place  children  in                                                               
unlicensed  "friendly" homes  -  though there  may  no longer  be                                                               
federal funds  available for such  homes -  and would like  to be                                                               
able  to expedite  the  proposed family  assessments  as much  as                                                               
possible.                                                                                                                       
                                                                                                                                
4:05:53 PM                                                                                                                    
                                                                                                                                
MS.  RUTHERDALE  mentioned  that  there are  provisions  for  the                                                               
emergency licensing of homes, and that  the OCS is not allowed to                                                               
place  a  child with  non-relatives  unless  their home  gets  an                                                               
emergency  license.   She  suggested that  perhaps  the issue  of                                                               
emergency  licensing  can  be  addressed  while  the  prospective                                                               
foster parents are undergoing the proposed family assessment.                                                                   
                                                                                                                                
MS.  RUTHERDALE, returning  to the  issue of  the legal  process,                                                               
explained  that  in  addition  to the  initial  hearing  and  the                                                               
adjudication hearing, there can also  be a disposition hearing to                                                               
determine  what  will  happen  with the  child  after  he/she  is                                                               
adjudicated a child in need of  aid.  She mentioned that the vast                                                               
majority of  OCS cases  are settled  out of  court, and  that the                                                               
adjudication  hearing  and  disposition hearing  are  essentially                                                               
part of a bifurcated hearing, the  parts of which occur about two                                                               
months  apart; this  allows  OCS  staff time  to  prepare a  pre-                                                               
disposition  report, which  provides the  court with  information                                                               
regarding the family's problems and  OCS proposed solutions.  She                                                               
noted that  at the  [adjudication] hearing,  a guardian  ad litem                                                               
will be  appointed to the child  and is charged with  looking out                                                               
for  the  child's  best  interest, the  parents  can  have  their                                                               
attorneys present, and, in cases  involving Alaska Natives, there                                                               
could  also be  a tribal  representative present;  having all  of                                                               
these representatives at the initial  hearing is part of a system                                                               
of checks  and balances that  allows the  court to see  the whole                                                               
picture.                                                                                                                        
                                                                                                                                
MS. RUTHERDALE  mentioned that  permanency hearings  occur yearly                                                               
after the child is initially removed  from the home, and that any                                                               
move  toward terminating  parental rights  must occur  within six                                                               
months of filing  the [custody] petition - though  as a practical                                                               
matter, the latter generally happens  within three to four months                                                               
of filing the [custody] petition.                                                                                               
                                                                                                                                
4:12:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GARDNER  raised   the   issue  of   establishing                                                               
paternity.                                                                                                                      
                                                                                                                                
MS. RUTHERDALE  said that  the OCS is  usually able  to establish                                                               
paternity at the outset of the hearing.                                                                                         
                                                                                                                                
REPRESENTATIVE  GARDNER asked  what  services  are available  for                                                               
children who  reach the age of  majority before being able  to go                                                               
home and, thus, don't have permanent homes.                                                                                     
                                                                                                                                
MS. KENNAI  said that every child  in State care who  reaches the                                                               
age of  16 is assessed so  that when he/she comes  of age, he/she                                                               
can  receive support  and training  so as  to facilitate  his/her                                                               
transition into  adulthood and independence.   She mentioned that                                                               
there are now four new positions  filled with people, one in each                                                               
of the  OCS's regions, who  do nothing  but make sure  that every                                                               
child has  a permanency plan and  is receiving - prior  to "aging                                                               
out" - the  life skills he/she will need when  he/she reaches the                                                               
age  of  majority.   She  noted  that  the  OCS can  now  provide                                                               
services,  some  transitional   housing  funds,  and  educational                                                               
training vouchers -  courtesy of the federal government  - to any                                                               
child  when he/she  is  18-21 years  old if  he/she  has been  in                                                               
foster care  on or  after his/her  16th birthday.   Additionally,                                                               
the  University of  Alaska has  some  scholarships available  for                                                               
foster children who are aging out of the system.                                                                                
                                                                                                                                
MS. RUTHERDALE added  that the OCS can now keep  a child in State                                                               
custody until he/she  is 19 without his/her consent  if the court                                                               
determines that doing  so would be in his/her  best interest, and                                                               
can keep a child until the age of 20 if he/she consents to it.                                                                  
                                                                                                                                
MS. KENNAI,  in response to  a question, acknowledged  that there                                                               
are  children  who age  out  of  the  system  who are  ending  up                                                               
homeless,  but  added  that  she   does  not  have  any  specific                                                               
statistics regarding this issue.   She mentioned that the OCS now                                                               
has a youth advisory board - made  up of OCS system alumni - that                                                               
provides the OCS with feedback about the services it provides.                                                                  
                                                                                                                                
4:21:14 PM                                                                                                                    
                                                                                                                                
MS. KENNAI mentioned that in  situations involving a relative who                                                               
lives out  of state  but who  is willing to  take custody  of the                                                               
child,  the OCS  is required  to work  within the  bounds of  the                                                               
interstate  compact regarding  the  placement  of children;  this                                                               
requirement can sometimes delay  placement but never prevents it.                                                               
Returning to  the issue of  permanency plans, she  mentioned that                                                               
adoption is  certainly an option,  especially if the  parents are                                                               
not complying  with the OCS's reunification  efforts, since long-                                                               
term  foster  care  is  not  the OCS's  preferred  option  for  a                                                               
permanency plan, though  there are cases where  the child becomes                                                               
bonded to the  foster parent or relative but that  adult, for one                                                               
reason  or another,  does not  wish to  move forward  with formal                                                               
adoption or guardianship procedures.   She mentioned that healthy                                                               
reunification, even if it occurs  after the child reaches the age                                                               
of 18, is something that the OCS  is beginning to focus on by way                                                               
of the set  of services being offered to all  children age 16 and                                                               
older.   She also mentioned  that guardianship  can be part  of a                                                               
permanency plan, particularly in  instances where parental rights                                                               
are  not or  can not  be terminated  - for  example, in  "tribal"                                                               
cases,  termination   of  parental   rights  is   not  culturally                                                               
relevant.                                                                                                                       
                                                                                                                                
MS.  KENNAI, with  regard to  cases involving  a "tribal  child,"                                                               
said there is  an "order of placement" preference  in such cases:                                                               
the first  preference is to  place the  child with a  relative in                                                               
the tribe,  the second preference  is to  place the child  with a                                                               
non-relative member of the tribe,  and the third preference is to                                                               
place the child with a member of an unrelated tribe.                                                                            
                                                                                                                                
MS.  RUTHERDALE noted,  however, that  statute precludes  the OCS                                                               
from placing a  child with a non-relative unless there  is a good                                                               
reason  for such  placement; this  means  that in  all cases,  if                                                               
there is a relative that is  fully capable of caring for a child,                                                               
the OCS is required to [consider  the placement of the child with                                                               
that relative as a first preference].                                                                                           
                                                                                                                                
4:26:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GARDNER    offered   her    understanding   that                                                               
guardianships can be subsidized,  whereas adoptions are generally                                                               
not;  thus  guardianship might  be  a  preferred option  if,  for                                                               
example, the child has special needs.                                                                                           
                                                                                                                                
MS.   KENNAI  clarified   that   the  OCS   can  subsidize   both                                                               
guardianships   and   adoptions,   though   the   subsidies   for                                                               
guardianships  are state  funded and  the subsidies  for adoption                                                               
can  be  either  federally  funded  or  state  funded.    Another                                                               
distinction  is that  in cases  involving adoption,  the parental                                                               
rights must  be first be  terminated, whereas in  cases involving                                                               
guardianship, parental rights do not  have to be terminated.  For                                                               
example,  if grandparents  are raising  the child,  they may  not                                                               
wish to have their adult  child's parental rights terminated, and                                                               
so  guardianship provides  a sense  of permanency  and gives  the                                                               
grandparents certain rights.                                                                                                    
                                                                                                                                
MS. RUTHERDALE added  that the only thing a guardian  can't do is                                                               
give consent  with regard  to marriage,  the armed  services, and                                                               
adoption.                                                                                                                       
                                                                                                                                
4:29:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER asked  whether  tribal guardianships  are                                                               
recognized and,  if so, whether  they differ from any  other type                                                               
of guardianship.                                                                                                                
                                                                                                                                
MS. KENNAI  said both tribal  guardianships and  tribal adoptions                                                               
are recognized, but noted that  tribal adoptions, under the ICWA,                                                               
do  not require  termination of  parental rights  but do  require                                                               
sanction by the tribal court.                                                                                                   
                                                                                                                                
REPRESENTATIVE  GARDNER  asked  whether all  tribes  have  tribal                                                               
courts.                                                                                                                         
                                                                                                                                
MS.  RUTHERDALE said  that a  lot of  tribes do  not have  tribal                                                               
councils set up, and so  don't have the capability of sanctioning                                                               
an adoption.                                                                                                                    
                                                                                                                                
4:31:00 PM                                                                                                                    
                                                                                                                                
MS. KENNAI  mentioned that members'  packets include  some charts                                                               
that provide  statistics regarding  reports of  harm.   She noted                                                               
that the  OCS is beginning to  see a preponderance of  very young                                                               
children  coming into  care, characterized  this as  a disturbing                                                               
trend, and relayed  that the OCS would be  focusing on prevention                                                               
efforts and developing some "caseloads"  just for young children.                                                               
She mentioned that  perhaps methamphetamine laboratories ("labs")                                                               
might  be contributing  to the  aforementioned trend.   She  also                                                               
mentioned  the  OCS's  new  program,  Online  Resources  for  the                                                               
Children of Alaska (ORCA), which  is an automated case management                                                               
child   welfare  information   system   that   has  just   become                                                               
operational.                                                                                                                    
                                                                                                                                
MS. RUTHERDALE added that when a  child is born in a hospital and                                                               
it is determined that the child  has been exposed to a controlled                                                               
substance or alcohol,  a report of harm is filed,  and more often                                                               
than not that child will come into OCS custody.                                                                                 
                                                                                                                                
MS. KENNAI, in response to a  question, said that the OCS is just                                                               
beginning to  look at data  - provided by  the ORCA system  - and                                                               
predict trends.   Additionally,  the OCS  is starting  to develop                                                               
what  it  calls  "self  evaluation teams,"  which  will  look  at                                                               
regional data with  an eye towards trying to  determine what that                                                               
data means.                                                                                                                     
                                                                                                                                
4:35:50 PM                                                                                                                    
                                                                                                                                
MS.  KENNAI  referred  to  a  chart  providing  statistics  about                                                               
children  released from  OCS custody,  and noted  that almost  60                                                               
percent  of  those  children are  released  to  their  biological                                                               
parents.  In  conclusion, she explained that the  OCS has federal                                                               
requirements it  must meet;  that the  U.S. Department  of Health                                                               
and  Human Services  (DHHS)  has  recently published  regulations                                                               
pertaining to the  Adoption and Safe Families Act  of 1977, which                                                               
established  "child and  family service"  reviews that  lasted at                                                               
least six  months and provided  agencies with  comprehensive self                                                               
assessments;  that  the  OCS,  as   result  of  that  assessment,                                                               
established and  began implementing  a program  improvement plan;                                                               
that as  part of  that improvement  plan, the  OCS has  created a                                                               
quality  assurance unit  that  will  objectively review  regional                                                               
data.  She added:                                                                                                               
                                                                                                                                
     We have  some ... aggregated  outcomes that we  need to                                                                    
     meet. ... We really  ... hold ourselves responsible for                                                                    
     those cases  that we know about.   And so once  we know                                                                    
     about them  - and we work  with the family and  we work                                                                    
     [with the]  children - we  are responsible  for whether                                                                    
     ... those  children are maltreated  again.  And  so one                                                                    
     of  the   measures  is  "repeat  maltreatment."     The                                                                    
     national standard  is 6.1 percent;  at the time  of the                                                                    
     federal review, Alaska was at  [23.4] percent - ... way                                                                    
     below the national standard.   We are right now at 15.5                                                                    
     percent, and  so we have  met our goal; in  our program                                                                    
     improvement plan,  ... we committed to  ... 22 percent,                                                                    
     but  we are  down at  15.5 percent  and hopefully  will                                                                    
     continue to move in the right direction.                                                                                   
                                                                                                                                
     For those children who come  into our care and custody,                                                                    
     we are measured on ...  [whether they are] abused while                                                                    
     they are in  our care.  The national  standard for that                                                                    
     was .57 [percent];  at the time of the  review, we were                                                                    
     at  1.91  [percent].   We  committed  to achieving  1.7                                                                    
     [percent], and we  are [now] at 1.2  [percent] - again,                                                                    
     moving   in   the   right  direction.   ...   Placement                                                                    
     stability:    [a  measurement pertaining  to]  ...  the                                                                    
     number  of times  a  child moves  within  12 months  of                                                                    
     [him/her] coming  into care.   States, Alaska  as well,                                                                    
     are  seeing children  moving  far too  often.   So  the                                                                    
     national standard  for that was 86.7  [percent]; at the                                                                    
     time of the review, we were  at 70.6 [percent].  We are                                                                    
     moving in the  right direction - we  are [currently at]                                                                    
     72.2 [percent].                                                                                                            
                                                                                                                                
     [With regard to  the] length of time [it  is taking] to                                                                    
     achieve reunification,  we are not doing  quite as well                                                                    
     we'd like to do. ...  The federal government expects us                                                                    
     to achieve  reunification within  12 months,  [and] the                                                                    
     national standard  [is] 76.2 [percent]; at  the time of                                                                    
     the review, we  were at 58.3 [percent], and  we are now                                                                    
     at 54.1 -  we are not going in the  right direction and                                                                    
     so that is something we are  trying to focus on.  [With                                                                    
     regard to the] length of  time to adoption, the federal                                                                    
     government asks  us to  try to  achieve adoption  - for                                                                    
     those  children  whose plan  is  adoption  - within  24                                                                    
     months.   [The] national  standard [is] 32  percent; at                                                                    
     the time of  the review, we were at  21.8 [percent] and                                                                    
     we've dropped to  18.7 [percent] - again,  not going in                                                                    
     the right direction.                                                                                                       
                                                                                                                                
MS.  KENNAI  offered  her  belief  that  the  last  two  sets  of                                                               
statistics are a reflection of  the OCS caseload size and ability                                                               
to  keep those  families visiting,  the  number of  cases on  the                                                               
court's  dockets,  the  number  of  assistant  attorney  generals                                                               
available  to  help with  such  cases,  and the  availability  of                                                               
reunification  services.   She noted  that  the OCS  is into  the                                                               
second year of its program improvement  plan and that it is ahead                                                               
of itself in terms of achieving the plan's goals.                                                                               
                                                                                                                                
4:42:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  asked  whether  the  OCS  measures  user                                                               
satisfaction.                                                                                                                   
                                                                                                                                
MS. KENNAI said  that the OCS does look  into complaints received                                                               
and  keeps  data  on  them,   but  doesn't  generate  a  customer                                                               
satisfaction survey;  as part of  its quality  assurance process,                                                               
the OCS interviews stakeholders, and  there is also now a citizen                                                               
review panel, which will provide both the OCS and the                                                                           
legislature with feedback regarding Alaska's child protection                                                                   
services.                                                                                                                       
                                                                                                                                
CHAIR WILSON thanked Ms. Kennai and Ms. Rutherdale for the                                                                      
overview.                                                                                                                       
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Health, Education and Social Services Standing Committee meeting                                                                
was adjourned at 4:46:23 PM.                                                                                                  

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