03/14/2011 01:30 PM Senate HEALTH & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| HB21 | |
| SCR1 | |
| SB82 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 21 | TELECONFERENCED | |
| *+ | SCR 1 | TELECONFERENCED | |
| *+ | SB 82 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE
March 14, 2011
1:35 p.m.
MEMBERS PRESENT
Senator Bettye Davis, Chair
Senator Dennis Egan
Senator Johnny Ellis
Senator Kevin Meyer
Senator Fred Dyson
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 21(STA)
"An Act relating to the membership of the Statewide Suicide
Prevention Council."
- MOVED CSHB 21(FIN) OUT OF COMMITTEE
SENATE CONCURRENT RESOLUTION NO. 1
Designating May 2011 as Lupus Awareness Month.
- MOVED CSSCR 1(STA) OUT OF COMMITTEE
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 82
"An Act relating to the procedures and jurisdiction of the
Department of Health and Social Services for the care of
children who are in state custody; relating to court
jurisdiction and findings pertaining to children who are in
state custody; and modifying the licensing requirements for
foster care."
- HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 21
SHORT TITLE: SUICIDE PREVENTION COUNCIL MEMBERS
SPONSOR(s): REPRESENTATIVE(s) FAIRCLOUGH, GARDNER, HERRON
01/18/11 (H) PREFILE RELEASED 1/7/11
01/18/11 (H) READ THE FIRST TIME - REFERRALS
01/18/11 (H) STA, FIN
01/25/11 (H) STA AT 8:00 AM CAPITOL 106
01/25/11 (H) Moved CSHB 21(STA) Out of Committee
01/25/11 (H) MINUTE(STA)
01/26/11 (H) STA RPT CS(STA) 6DP
01/26/11 (H) DP: JOHANSEN, P.WILSON, KELLER, SEATON,
PETERSEN, LYNN
02/08/11 (H) FIN AT 1:30 PM HOUSE FINANCE 519
02/08/11 (H) Moved CSHB 21(FIN) Out of Committee
02/08/11 (H) MINUTE(FIN)
02/09/11 (H) FIN RPT CS(FIN) 10DP
02/09/11 (H) DP: FAIRCLOUGH, GARA, T.WILSON, JOULE,
NEUMAN, COSTELLO, EDGMON, DOOGAN,
02/09/11 (H) STOLTZE, THOMAS
02/14/11 (H) TRANSMITTED TO (S)
02/14/11 (H) VERSION: CSHB 21(FIN)
02/16/11 (S) READ THE FIRST TIME - REFERRALS
02/16/11 (S) HSS, FIN
03/14/11 (S) HSS AT 1:30 PM BUTROVICH 205
BILL: SCR 1
SHORT TITLE: LUPUS AWARENESS MONTH
SPONSOR(s): SENATOR(s) DAVIS
01/19/11 (S) READ THE FIRST TIME - REFERRALS
01/19/11 (S) STA, HSS
03/01/11 (S) STA AT 9:00 AM BUTROVICH 205
03/01/11 (S) Heard & Held
03/01/11 (S) MINUTE(STA)
03/08/11 (S) STA AT 9:00 AM BUTROVICH 205
03/08/11 (S) Moved CSSCR 1(STA) Out of Committee
03/08/11 (S) MINUTE(STA)
03/09/11 (S) STA RPT CS 5DP NEW TITLE
03/09/11 (S) DP: WIELECHOWSKI, KOOKESH, PASKVAN,
MEYER, GIESSEL
03/14/11 (S) HSS AT 1:30 PM BUTROVICH 205
BILL: SB 82
SHORT TITLE: FOSTER CARE LICENSING/STATE CUSTODY
SPONSOR(s): SENATOR(s) DAVIS
02/04/11 (S) READ THE FIRST TIME - REFERRALS
02/04/11 (S) HSS, JUD
03/11/11 (S) SPONSOR SUBSTITUTE INTRODUCED-REFERRALS
03/11/11 (S) HSS, JUD
03/14/11 (S) HSS AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
REPRESENTATIVE ANNA FAIRCLOUGH
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Sponsor of HB 21.
KATE BURKHARDT, Executive Director
Statewide Suicide Prevention Council
Juneau, AK
POSITION STATEMENT: Testified in support of HB 21.
CELESTE HODGE, Staff to Senator Bettye Davis
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Presented SCR 1 on behalf of the sponsor,
Senator Davis.
ANNA TILLMAN, Executive Director
Lupus Foundation Alaska
Anchorage, AK
POSITION STATEMENT: Testified in support of SCR 1.
KIRSTY BAUMGARTNER
Lupus Foundation Alaska
Anchorage, AK
POSITION STATEMENT: Testified in support of SCR 1.
CHARLOTTE BAUMGARTNER
Lupus Foundation Alaska
Anchorage, AK
POSITION STATEMENT: Testified in support of SCR 1.
ALICIA SAHIMARI
Senior Director of Government Relations
Lupus Foundation of America
POSITION STATEMENT: Testified in support of SCR 1.
REPRESENTATIVE LES GARA
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Sponsor of HB 33, companion bill to SB 82.
AMANDA METIVIE, Statewide Coordinator
Facing Foster Care in Alaska
Anchorage, AK
POSITION STATEMENT: Testified in support of SB 82
TRACY SPARTZCAMBELL, Deputy Director
Office of Children's Services
Department of Health and Social Services
Juneau, AK
POSITION STATEMENT: Answered questions regarding SB 82.
JAN RUTHERDALE
Assistant Attorney General
Child Protection Section
Department of Law
Juneau, AK
POSITION STATEMENT: Answered questions regarding SB 82.
ACTION NARRATIVE
1:31:08 PM
CHAIR BETTYE DAVIS called the Senate Health and Social Services
Standing Committee meeting to order at 1:35 p.m. Present at the
call to order were Senators Dyson, Egan, Ellis, and Chair Davis.
HB 21-SUICIDE PREVENTION COUNCIL MEMBERS
1:31:21 PM
CHAIR DAVIS announced the first order of business would be 21.
[CSHB 21(FIN) was before the committee.]
REPRESENTATIVE ANNA FAIRCLOUGH, sponsor of HB 21, introduced the
bill. She said HB 21 would add one more member to the statewide
suicide prevention council. That person would be from a military
background to help veterans, who are currently experiencing a
higher rate of suicide after returning from war.
The bill also changes the age limit for a youth to participate.
The current law allows a high school junior or senior to
participate, but they can only serve for two years based on the
definition of a youth member. This bill would expand the
definition of a youth member to include someone between the ages
of 16-24, which would allow college students to continue on the
board.
SENATOR MEYER asked what the effective date is.
REPRESENTATIVE FAIRCLOUGH answered she thought it was a standard
effective date clause.
1:34:58 PM
KATE BURKHARDT, Executive Director, Statewide Suicide Prevention
Council, said Theresa Baldwin from Mt. Edgecombe High School in
Sitka was just appointed to the youth seat. Her term under the
new statute would be four years. Without the bill, she would
term out in another year.
SENATOR DYSON said he serves on the council but doesn't believe
that rises to the level of a conflict of interest.
SENATOR DYSON moved to report CS for HB 21 from committee with
individual recommendations and accompanying fiscal notes. Seeing
no objection, CSHB 21(FIN) moved from the Senate Health and
Social Services Standing Committee.
1:37:55 PM
At ease from 1:37 p.m. to 1:39 p.m.
SCR 1-LUPUS AWARENESS MONTH
1:39:09 PM
CAIR DAVIS announced the next order of business would be SCR 1.
[CSSCR 1(STA) was before the committee.]
CELESTE HODGE, staff to Senator Bettye Davis, sponsor of SCR1,
introduced and explained the resolution. SCR 1 designates May as
Lupus Awareness Month, and encourages Alaskans to observe Lupus
Awareness Month with appropriate activities that provide both
education and support for those diagnosed with the disease.
Lupus is a chronic auto-immune disease that causes inflammation
and tissue damage. It can affect any body part, including the
skin, lungs, heart, kidneys, and brain. Lupus can cause
seizures, strokes, heart attacks, miscarriages, and organ
failure. It strikes mostly women of childbearing age, and women
of color develop lupus at a rate two to three times the rate of
Caucasians. It is difficult to diagnose because its symptoms are
similar to those of other illnesses.
Each year May is designated as Lupus Awareness Month to show
support for the estimated 1.5 million Americans with lupus. More
than 3,000 cases have been diagnosed in Alaska. By designating
May as Lupus Awareness Month, Alaska will join other states in
helping to increase awareness of lupus and show support for
those diagnosed with the disease.
SENATOR MEYER said he had heard the bill in State Affairs, and
asked if the disease typically affects younger people.
MS. HODGE confirmed that it does.
1:42:30 PM
ANNA TILLMAN, Executive Director, Lupus Foundation Alaska
Chapter, said most people are diagnosed between the ages of 20
to 40. But it can happen at any age. Often people have lupus
when they are younger and it never gets diagnosed. Diagnosis is
based on the elimination of other diseases. Lupus has been
called the least known major disease; 90 percent of victims are
women and 15 percent are children.
Lupus is a chronic auto immune disease that can damage any part
of the body. It creates antibodies that attack and destroy
healthy tissue, and is also a disease of flares and remission.
Symptoms can range from mild to life threatening. With early
diagnosis and good care, a person can live a normal lifespan.
Many patients do lose the ability to work, and treatments are a
heavy burden financially. A new drug specifically for lupus was
approved by the FDA last Friday; this is the first new drug
specifically for lupus that has been approved in 50 years.
1:47:18 PM
KIRSTY BAUMGARTNER, Lupus Foundation Alaska Chapter, said she
was also calling on behalf of a family member with lupus, and
stressed the importance of awareness.
CHARLOTTE BAUMGARTNER, Lupus Foundation Alaska Chapter, said she
was also the sister of a lupus patient. Many patients have minor
symptoms while others are totally debilitated. Her sister has
been living with lupus for 20 plus years. She had to stop
working because of damage to her lungs, kidneys, and brain.
Current treatments can cause side effects almost as devastating
as the disease itself.
ALICIA SAHIMARI, Senior Director of Government Relations, Lupus
Foundation of America, said the foundation supports SCR1. They
are dedicated to finding the cause and cure for lupus.
1:53:58 PM
CHAIR DAVIS closed public testimony on SCR 1.
SENATOR EGAN moved to report CSSCR 1 (STA) from committee with
individual recommendations and accompanying fiscal notes. There
being no objection, it was so ordered.
At ease from 1:54 p.m. to 1:56 p.m.
SB 82-FOSTER CARE LICENSING/STATE CUSTODY
1:56:52 PM
CHAIR DAVIS announced the next order of business would be SB 82.
[SSSB 82 was before the committee.] She asked for a motion to
adopt the proposed committee substitute (CS).
SENATOR EGAN moved to adopt the proposed CS for SSSB 82, labeled
27-LS0500/I, as the working document.
CHAIR DAVIS objected for discussion purposes.
CELESTE HODGE, staff to Senator Bettye Davis, introduced SB 82
for Senator Davis, the sponsor. This bill seeks to achieve
permanency for older children in foster care by making small but
very significant changes that better prioritize the needs of
foster children. Permanency for children in the custody of
Office of Children's Services (OCS) is best achieved through
reunification with the child's parent, or failing that option
through adoption or guardianship. If these three options are not
available, an alternate form of permanency is through another
planned permanent living arrangement (APPLA). This bill seeks to
insure the APPLA option is not used unnecessarily, by providing
guidelines for OCS and the court as to when APPLA should be
used.
Although OCS attempts to keep siblings together when they enter
foster care, this bill creates a statutory presumption that
siblings be placed in the same home when possible; when such a
placement is not possible, the bill requires an OCS supervisor
to document in the file the efforts made and the reason for
separation.
SB 82 also requires extra steps before releasing a child from
custody. The child must be given ample notice, and OCS must show
that release from custody is in the child's best interest.
The bill also allows a variance to be granted for licensing of
foster homes. If a potential foster home cannot meet the
building code requirements to be a licensed foster home, this
bill allows a variance to be granted if the home is consistent
with the construction of other homes in the community, and is
otherwise a safe environment for the child.
SB 82 requires that paperwork mandated for foster parent
licensing be streamlined as much as possible.
2:00:19 PM
SENATOR MEYER asked for an explanation of the changes between
the different versions.
CHAIR DAVIS responded her office asked for a new CS but didn't
receive it until about one hour ago. The Department of Law had
some concerns with the prior version, but has approved this
version.
REPRESENTATIVE LES GARA, sponsor of HB 33, a companion bill in
the House, said he would explain the changes from the original
bill. He wanted to make sure that if there was an appropriate
rural placement in the child's home community, the child would
be allowed to stay there. If it is the most preferable placement
and is otherwise safe, this bill clarifies that OCS can a grant
a variance from its building code rules for foster homes, to the
extent allowed by federal law.
There is also a technical change to make sure the guardian ad
litem and the child know that foster care is about to end; this
requires 30 days' notice before a court hearing ending foster
care.
2:04:52 PM
SENATOR MEYER asked about the reading program.
REPRESENTATIVE GARA responded a provision in the original bill
required OCS to accept volunteer free books from the Imagination
Library. OCS is making progress on this issue, so they took out
the provision requiring it.
SENATOR DYSON said he appreciates the bill, and asked if most of
the changes are things that OCS has been trying to do.
REPRESENTATIVE GARA replied that was correct. Sometimes policy
doesn't make it down to the social workers, or the director
changes and policy changes. That is why they want these
provisions in statute.
SENATOR DYSON asked is the general policy reflected in OCS
regulations and manuals.
REPRESENTATIVE GARA responded a lot of policies are not in the
written guidelines. For example, under APPLA there is no attempt
to find the child a permanent home. The OCS director recently
said the division has been using APPLA too much. They are trying
to get social workers to use it less frequently.
SENATOR MEYER asked if the bill substitutes "child" for "minor."
REPRESENTATIVE GARA answered last year legislation was passed
allowing foster care to be extended to age 21 from age 20.
Legislative Legal Services said that bill should have used 21
instead of 20 in places, and changed from "minor" to "child."
These are technical changes.
SENATOR MEYER asked if a person is still a minor at age 21.
REPRESENTATIVE GARA replied that mistake should have been
caught. At 19 a person is no longer a minor, and now that foster
care can be extended to age 21, that person is not a minor, but
does fit within the definition of a child.
2:10:50 PM
AMANDA METIVIE, Statewide Coordinator, Facing Foster Care in
Alaska, testified in support of SB 82. She said that APPLA
allows young people to age out of foster care; a youth could be
in state custody at 16 or 17 and living in a shelter, not even
necessarily in a foster home. Many of them end up homeless or
incarcerated, and many are on public assistance. Youth aging out
of the system need more help than they have been receiving.
People are being released from custody at age 18 without notice.
Also, the sibling provision would allow siblings to remain
together.
TRACY SPARTZCAMBELL, Deputy Director, Office of Children's
Services (OCS), Department of Health and Social Services (DHSS),
said they have worked with Representative Gara on technical
changes to the bill and have no issues with the CS changes.
JAN RUTHERDALE, Assistant Attorney General, Child Protection
Section, Department of Law, said there are no legal problems
with the bill.
CHAIR DAVIS said the committee would bring the bill back on
Wednesday in order to allow more time for review.
2:14:23 PM
SENATOR DYSON said he is assuming the bill addresses OCS
intentions and current policy.
MS. SPARTZCAMBELL answered yes.
SENATOR DYSON asked if the changes were contained in regulations
and manuals.
MS. SPARTZCAMBELL said they are outlined in the OCS policy and
procedure manual.
2:15:09 PM
SENATOR DYSON said he always worries that a law might narrow
things down too much, but he doesn't see that in this bill.
MS. RUTHERDALE said as a practical matter the notice provision
could be shortened; the court can weigh evidence if everyone is
in agreement. It is difficult to craft legislation for every
possible variance, but the intent is to give the child notice.
The bill also makes clear that APPLA deals with older children.
One possible change would be to say APPLA may be considered only
for a child age 16 or older.
2:17:40 PM
SENATOR DYSON said he would recommend a change allowing the
flexibility to give less than 60 days' notice, in the case where
a child wants to be released from custody, and asked if foster
parents are included in the notice.
MS. RUTHERDALE replied they are already required by statute to
be notified. She also noted DOL decided "child" was a better
word than "minor." A child can be in the system past age 18 and
they are not a minor, but still a child. To remain in the system
after age 19 they must consent.
2:20:17 PM
CHAIR DAVIS held SB 82 in committee.
2:20:29 PM
There being no further business to come before the committee,
Chair Davis adjourned the meeting at 2:20 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB21 CS 27-LS0154D.pdf |
SHSS 3/14/2011 1:30:00 PM |
HB 21 |
| HB21__Sponsor_Statement.pdf |
SHSS 3/14/2011 1:30:00 PM |
HB 21 |
| SCR1 Bill.pdf |
SHSS 3/14/2011 1:30:00 PM |
|
| SCR1 Committee Substitute.pdf |
SHSS 3/14/2011 1:30:00 PM |
|
| SCR1 Sponsor Statement.pdf |
SHSS 3/14/2011 1:30:00 PM |
|
| HB21 Fiscal Note.pdf |
SHSS 3/14/2011 1:30:00 PM |
HB 21 |
| SB82 Fiscal Note.pdf |
SHSS 3/14/2011 1:30:00 PM |
SB 82 |