Legislature(1997 - 1998)
05/04/1998 03:35 PM Senate JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE JUDICIARY COMMITTEE
May 4,1998
3:35 p.m.
MEMBERS PRESENT
Senator Robin Taylor, Chairman
Senator Mike Miller
Senator Sean Parnell
Senator Johnny Ellis
MEMBERS ABSENT
Senator Drue Pearce, Vice-Chair
COMMITTEE CALENDAR
SENATE BILL NO. 272
"An Act relating to children in need of aid matters and
proceedings; relating to murder of children, criminally negligent
homicide, kidnaping, criminal nonsupport, the crime of indecent
exposure, and the crime of endangering the welfare of a child;
relating to registration of certain sex offenders; relating to
sentencing for certain crimes involving child victims; relating to
the state medical examiner and reviews of child fatalities;
relating to teacher certification and convictions of crimes
involving child victims; relating to access, confidentiality, and
release of certain information concerning the care of children,
child abuse and neglect, and child fatalities; authorizing the
Department of Health and Social Services to enter into an
interstate compact concerning adoption and medical assistance for
certain children with special needs; authorizing the establishment
of a multidisciplinary child protection team to review reports of
child abuse or neglect; relating to immunity from liability for
certain state actions concerning matters involving child protection
and fatality reviews and children in need of aid; relating to
persons required to report suspected child abuse or neglect;
relating to foster care placement and to payment for children in
foster and other care and the waiver of certain foster care
requirements; relating to the access to certain criminal justice
information and licensure of certain child care facilities;
amending Rule 218, Alaska Rules of Appellate Procedure; amending
Rules 1, 3, 15, 18, and 19, Alaska Child in Need of Aid Rules; and
providing for an effective date."
- HEARD AND HELD
HB 406 - SUBSISTENCE USES OF FISH AND GAME
- SCHEDULED BUT NOT HEARD
SB 237 - COUNCIL DOMESTIC VIOLENCE & SEXUAL ASSAULT
- SCHEDULED BUT NOT HEARD
HB 375 - CRIMES AGAINST CHILDREN/FOSTER CARE
- SCHEDULED BUT NOT HEARD
PREVIOUS SENATE COMMITTEE ACTION
SB 272 - See HESS minutes dated 4/8/98.
HB 406 - See Judiciary minutes dated 4/25/98 and 5/1/98.
SB 237 - See HESS minutes dated 3/4/98, 4/3/98 & 4/6/98.
HB 375 - No previous Senate committee action.
WITNESS REGISTER
Jayne Andreen
Executive Director
Council on Domestic Violence and Sexual Assault
Department of Public Safety
PO Box 111200
Juneau, AK 99811
POSITION STATEMENT: Commented on SB 272
Brant McGee
Office of the Public Defender
Department of Administration
900 W 5th
Anchorage, AK 99501
POSITION STATEMENT: Presented and supports SB 272
Lisa B Nelson
Assistant Attorney General
Department of Law
1031 W 4h
Anchorage, AK
POSITION STATEMENT: Supports SB 272
Representative Fred Dyson
Alaska State Capitol
Juneau, AK 99811
POSITION STATEMENT: Explained portions of SB 272
Marci Schmidt
Parents United for Custodial Justice
2040 Wasilla Fishhook Rd
Wasilla, AK 99654
POSITION STATEMENT: Commented on SB 272
Diana Buffington
Children's Rights Council
217 Maple
Kodiak, AK 99615
POSITION STATEMENT: Opposed to SB 272
Walter Gauthier
Guardians of Family Rights
PO Box 2246
Homer, AK 99603
POSITION STATEMENT: Commented on SB 272
Chief Shirley Warner
Soldotna Police Department
44510 Sterling Highway
Soldotna, AK 99669
POSITION STATEMENT: Supports SB 272
Shelle Leman
PO Box 929
Kasilof, AK 99610
POSITION STATEMENT: Commented on SB 272
Barbara Malchick
Office of Public Advocacy
Department of Administration
900 W 5th
Anchorage, AK 99501
POSITION STATEMENT: Supports SB 272
Carol Palmer
PO Box 2402
Palmer, AK 99645
POSITION STATEMENT: Only supports provisions of SB 272
required by federal law.
Kathy Marquette
1620 Washington Apt. 55
Fairbanks, AK 99709
POSITION STATEMENT: Commented on SB 272
Martha Hodson
Guardian of Family Rights
PO Box 3687
Kenai, AK 99611
POSITION STATEMENT: Commented on SB 272
Gloria Stuart
PO Box 770
Homer, AK 99603
POSITION STATEMENT: Discussed her experience with DFYS as a foster
parent
Lieutenant Bill Gifford
Anchorage Police Department
4501 S Bragaw
Anchorage, AK 99507
POSITION STATEMENT: Supports SB 272
Scott Calder
PO Box 75011
Fairbanks, AK 99707
POSITION STATEMENT: Opposed to SB 272
Barbara Hollenback
Anchorage Police Department
4501 S Bragaw
Anchorage, AK 99507
POSITION STATEMENT: Supports SB 272
Lieutenance Simon Brown
Anchorage Police Department
4500 W 50th Ave
Anchorage, AK 99502
POSITION STATEMENT: Supports SB 272
Anne Carpeneti
Department of Law
PO Box 110300
Juneau, AK 99811-0300
POSITION STATEMENT: Suggested a technical correction to SB 272
Suzette Graham
PO Box 383
Nikiski, AK 99635
POSITION STATEMENT: Commented on SB 272
ACTION NARRATIVE
TAPE 98-49, SIDE A
Number 001
SB 272 - CRIMES AGAINST CHILDREN/FOSTER CARE
CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to
order at 3:35 p.m. The first order of business before the
committee was SB 272. Chairman Taylor informed committee members
he did not schedule this legislation earlier because he hoped to
schedule it simultaneously with HB 375. He noted two sections of
the House legislation have already passed; those sections have
already been deleted from SB 272.
Number 043
BRANT MCGEE, Office of Public Advocacy (OPA), discussed the history
of SB 272. OPA filed some legal motions last fall that told the
stories of five abused children. The inescapable conclusion from
those stories was that those children were failed miserably by
Alaska's child protection system. As a result, the Division of
Family and Youth Services (DFYS), public defenders, assistant
attorneys general, assistant public advocates, judges, and others,
including Representative Fred Dyson, joined forces and made many
decisions about policies, procedures, resources, and changes to the
law regarding child protective services. SB 272 represents the
best thinking of dozens of people who have worked in the system.
SB 272 contains two themes: time and accountability. SB 272
imposes new time lines; time lines based more on a child's sense of
time. SB 272 requires the agencies involved to take quicker action
to return the child to its home or to place the child with a
relative or in another adoptive services. SB 272 also requires
DFYS to provide timely services to promote reunification of the
family. If those services are unsuccessful, timely efforts must be
made to find a permanent home for the child. SB 272 provides all
of the legal safeguards provided to parents in the past, however
now parents have only one year to get treatment and make the
changes necessary to safely parent their children. Parents can no
longer wait until the eve of a termination trial to begin
treatment. SB 272 requires the courts to conduct adjudication
hearings within 120 days. Permanency hearings must be conducted
within one year, and decisions at the trial level and appellate
court level must be made in a timely manner. That provision is
particularly important to people who work within the system.
Federal requirements mandate that the state take action if the
child has been out of the home for 15 out of the last 22 months.
SB 272 mandates that within six months after initiating the action,
a trial must be held. The judge then has 90 days to issue a
decision, and the Supreme Court must issue its decision within 90
days after that. SB 272 puts the system on very strict guidelines,
creating a child protection system rather than a bureaucracy
protection system.
MR. MCGEE explained SB 272 emphasizes that the children's needs are
paramount. Children will no longer have to spend years in foster
care while their parents are given many chances to make changes.
The state will do its very best to find a safe, permanent home for
those children.
Number 125
LISA NELSON, Chief of the Human Services Section, Department of
Law(DOL), explained her section handles all of the child protection
cases and juvenile delinquency prosecution. She stressed the
importance of passing SB 272 and made the following comments. Each
of the seven attorneys in her section has a caseload of about 100
cases. She became part of the child protection review team after
the August incidents were published in the newspapers, alleging
that DOL had not stepped in on several child protection cases in a
timely manner. DOL had been adhering to a philosophy to preserve
the family at all costs. In the case that caused all of the
parties to come together to review problems in the child protection
arena, 18 reports of abuse had been filed.
SENATOR PARNELL questioned whether DOL responded to the 18 reports
of abuse.
MS. NELSON replied DOL investigated each report but approached each
report by trying to "fix" the family by doing things like removing
the abusive person from the home with the goal of keeping the
children in the home. She said although that philosophy is
admirable, there is a point where parents cannot be given any more
chances. DOL is now taking quicker action and allowing court
intervention earlier which means that a judge, guardian ad litem,
and attorneys get involved. Court intervention provides for an
extra hammer: it does not mean immediate removal from the home.
Aside from the Anchorage crisis, MS. NELSON explained Supreme Court
decisions had been issued that recommended the Legislature clarify
the child protection statutes. Additionally, a change in federal
law provided for more protection for children. A legislative audit
also recommended the statutes be changed.
MS. NELSON discussed the changes SB 272 will make to civil law. It
allows for earlier court intervention in cases of abuse and neglect
and quicker placement of children into safe homes. She admitted
termination petitions sat in her office because she did not have
the time to get them done. Once the child was in a foster home and
relatively safe, the petitions became a lower priority, however the
new federal law requires faster placement into safe homes. She
noted Alaska is in a catch-up mode in comparison to other states
regarding changing its focus to making the safety of the child the
top priority. SB 272 still requires the state to make reasonable
efforts to reunify the family, however the federal law specifies
certain kinds of offenders that require no reasonable efforts. SB
272 contains deadlines that will require action by a date certain,
so that determinations can no longer sit. It also establishes
procedures for criminal record checks of adoptive or foster parents
before placement can take place and it allows foster parents and
other caregivers to take part in child welfare hearings.
Number 308
SENATOR PARNELL asked Ms. Nelson to explain the provisions that
begin on page 36 that pertain to the termination of parental
rights.
MS. NELSON explained that once probable cause to believe that a
child should be considered a Child in Need of Aid (CINA) on a
temporary basis has been established, an adjudication must occur
within 120 days. A disposition then occurs, and termination of
parental rights is one option. That usually occurs if the parents
have taken no action to correct the situation. A petition to
terminate parental rights is then filed stating a detailed history
of the case, and a trial takes place. The state is required to
prove, with clear and convincing evidence, that the child has been
subjected to conditions or conduct described in AS 47.10.011,
during any time period.
Number 354
SENATOR PARNELL asked if one of the 12 types of conduct described
in AS 47.10.011 must be proved.
MS. NELSON said DOL is usually required to prove three or four,
because if only one conduct is proven, the case could easily be
over if appealed. DOL must also prove that the parent has not
remedied the conduct or conditions in the home that placed the
child in harm. Often, when a termination petition date approaches,
parents finally enter treatment.
SENATOR PARNELL asked what would happen under SB 272 in such a
situation.
MS. NELSON said if a parent does nothing for two years and goes
into treatment two weeks before the trial starts, she would try to
convince the court that the person has not remedied the conduct.
She suggested including the phrase, "within a reasonable time" in
the bill to clarify the intent. She noted the possibility of
relapse is high for people who attempt treatment for the first
time.
SENATOR PARNELL asked if, the parents' counsel files a motion to
continue parental rights and the parents go into treatment, the
court can terminate the continuance so that parents cannot keep
requesting a little more time.
MS. NELSON replied the federal law mandates DOL to file a petition
if a child has been in foster care for at least 15 of the most
recent 22 months. She thought a judge would look at the federal
intent and deny continuance on that basis.
SENATOR PARNELL asked how many notices of court hearings a person
would get before they would be denied.
Number 405
MS. NELSON answered at a minimum, five. She repeated DOL would
have to prove, with a preponderance of evidence, that the state has
made reasonable efforts to work with the parents to correct the
problems at home.
CHAIRMAN TAYLOR asked whether SB 272 contains a provision requiring
accountability for mismanagement.
MS. NELSON replied if a child dies due to mismanagement, one could
turn to the criminal justice system. She noted many social workers
use their best judgment but sometimes misread a situation.
CHAIRMAN TAYLOR referred to the case in which 18 reports of abuse
were filed, and said it appears the case worker was turning his/her
back to the facts, which resulted in a tragedy. He stated the
problem is not entirely due to a philosophical bend to reunify the
family.
Number 444
MS. NELSON indicated that currently, out of 100 of percent of the
cases that are classified as priority 3's, only 10 percent go to
court, and only a small percentage of those cases result in removal
of the child from the home.
CHAIRMAN TAYLOR expressed concern that Alaska's statistics on
foster care placement are much higher than ever before, and much
higher than other states. That increase is caused by a management
decision and philosophy. He questioned why the extra 30 or 40
social worker positions funded last year were not filled, and
instead the Legislature is being told the problem is with the laws.
He disagreed that the entire problem is caused by current statutes
and emphasized that resolution of the problem will take an effort
on both sides.
Number 470
REPRESENTATIVE DYSON noted the State of Kansas has been doing some
exceptional work in this area. Month to month agency
accountability is required. He has asked DFYS to report by month
the number of children in state custody, the number of placements,
and the aging of the number of children in the system. DFYS has
agreed to provide that information, and to post it on a web page.
He thought the Senate's attempt to require accountability in
connection with the budget process is ingenious.
CHAIRMAN TAYLOR stated he was one of the original sponsors of a law
that created citizen review panels. They have never been funded,
and DFYS has fought them every inch of the way. The intent was to
have non-state employed people review the placements.
Number 505
DIANA BUFFINGTON, representing the Children's Rights Council,
testified via teleconference. She represents over 6500 families
who have been involved with DFYS, the GLA, and DOL. SB 272 is a
bad bill and it has been misrepresented by DOL and Representative
Dyson. Only about six pages of SB 272 are required by the adoption
of the federal Safe Families Act. She did not believe only eight
to ten children died from natural deaths rather than homicides.
The state fatality team meets and investigates in secret. Its
reporters are not compelled to testify, and information and
evidence is not required to be entered into court. The
multidisciplinary team, established by SB 272, would also meet in
secret. The majority of its members are appointed by the court who
are not compelled to testify and no information is required to be
entered into evidence. She urged legislators to limit the
provisions of the bill to the amount of time a child can remain in
custody and to facilitate termination of parental rights. Agencies
should be required to abide by a standard of duty similar to that
being imposed on parents.
Number 562
MARCI SCHMIDT, representing Parents United for Custodial Justice
and Hear My Voice, a national child's advocacy organization that
advocated for the federal law, gave the following testimony. The
intent of the Adoption and Safe Families Act is: to curtail the
power struggles that occur in agencies like DFYS; to set a time
limit to complete reunification or terminate parental rights so
that a child can have a safe home; and to define "reasonable
efforts" and allow foster parents to have a voice about the
children they care for. The Adoption and Safe Families Act was not
invented to create more task forces, immunity or confidentiality.
DFYS has such a bad reputation because it hides behind
confidentiality, especially when it benefits DFYS.
TAPE 98-49
Side B
MS. SCHMIDT asked committee members to pass only the portions of SB
272 that are required by the Adoption and Safe Families Act.
Number 570
WALTER GAUTHIER, representing Guardians of Family Rights in Homer,
gave the following testimony via teleconference. Alaska does not
have the highest child abuse rate in the nation: the latest federal
statistics rank Alaska at number 14. The legislative audit of DFYS
reports that job applicants, despite scoring well, were not
considered desirable candidates by hiring managers, that 21
positions were left vacant for FY 97, and as a result, DFYS has
sufficient funding to cover retirement incentive program costs for
DFYS and other agencies within DHSS. This crisis in child abuse
was purposefully manufactured to achieve legislative and budgetary
goals.
MR. GAUTHIER stated that Ms. Wibker inaccurately testified before
the HESS committee that 30 pages of SB 272 are required by federal
law. Federal requirements only require five pages of SB 272, the
remaining pages cover time lines for termination and adoption that
no one is arguing with. Guardians of Family Rights' disagrees with
the increased powers and immunity, and budgets for participating
agencies provided for in SB 272. Representative Dyson's assertion
that the state will lose $10 million in federal funds this year if
SB 272 does not pass is inaccurate. No state has ever been denied
Title IV funds. Those funds would only be lost if the state
refused to comply with the actual requirements of the Adoption and
Safe Family Act. He asked the Legislature to wait until a second
audit being conducted by Legislative Budget and Audit, that focuses
on compliance with policy and procedure, is completed, before it
takes any action on legislation. He pointed out SB 272 has no
accompanying fiscal note.
Number 480
CHIEF SHIRLEY WARNER, Soldotna Police Department and former
detective for the Anchorage Police Department, discussed her
experience with child abuse cases. SB 272 will provide protection
to more children. Children have never been afforded the same
rights as adults under the Alaska Constitution. Finally, with
Governor Knowles' child protection bill, children will be protected
and valued as young members of our communities. She is
particularly pleased with the clarity of the abandonment laws.
Mental and emotional abuse is every bit as harmful as physical
abuse, and it is not long before children act out. She supports SB
272 wholeheartedly. She urged committee members to keep the bill
intact, and stated she is pleased that state agencies will be
mandated to work together.
Number 432
SCOTT CALDER, testified on his own behalf via teleconference from
Fairbanks. He submitted that SB 272 is a blueprint for a
bureaucracy protection system. He noted a previous speaker stated
the bill limits chances given to parents, and he suggested doing
the same for DFYS. DFYS has spent hundreds of thousands of dollars
to terrorize families and injure children and no honest discussion
about that fact has taken place. SB 272 sets performance standards
for DFYS, however standards have existed for 20 years. The
philosophy of the best interest of the child has been on the books
for years, therefore it is untrue that the philosophy is now
changing. The fiscal note he has seen for this bill states the
fiscal impact is indeterminate. He stated his opposition to SB 272
and repeated the need to have a truthful discussion about DFYS.
Number 368
BARBARA MALCHICK, with the Office of Public Advocacy, stated her
support for SB 272. Since 1985 she has been a guardian ad litem,
and for the past eight years, she has supervised all guardians ad
litem. Her office originally went to court to get the order to
ease the confidentiality restrictions in CINA cases. She discussed
the issue of whether to include exposure to domestic violence as
grounds for state intervention in the family. Recent literature
confirms that children who grow up in violent homes are at high
risk for being physically abused or neglected, for developing
serious physical, emotional, cognitive and behavioral problems, and
for committing violent acts against others. Under existing law,
the state cannot intervene until a child has actually been abused
or is at substantial risk. She read a letter from an Anchorage
school teacher regarding suspected abuse of one of his students,
and DFYS's inability to take action because the student had no
broken bones or bruises.
CHAIRMAN TAYLOR noted that the House was hearing companion
legislation, HB 375, concurrently.
Number 317
JAYNE ANDREEN, Executive Director of the Council on Domestic
Violence and Sexual Assault, stated domestic violence affects
children in many direct and indirect ways. While children are not
necessarily targeted for direct abuse, they often are injured as a
result. They are traumatized by fear for their parent's safety and
blame themselves for not being able to stop it. She gave
statistics on the amount of abuse cases in households where
domestic violence occurs. Symptoms of witnessing domestic violence
in the home include anxiety, fear, sleep disruption, and school
problems. By the age of 5-6, children begin to identify with the
batterer, not the victim. She pointed out SB 272 establishes a
rebuttable presumption in cases of child custody. Existing statute
requires that the parent who fears that custody by the other parent
could result in harm to the child must show to the court why that
custody is not in the best interest of the child. Often, that
parent must endure threats to his/her life.
SENATOR PARNELL asked where, in SB 272, the provision about
rebuttable presumption is located.
MS. ANDREEN answered on page 12, Section 12 of the work draft dated
4/28/98.
Number 230
SENATOR PARNELL stated this issue was discussed thoroughly during
debate on the domestic violence bill because domestic violence
statutes are used as both a shield and a sword, particularly in
divorce proceedings. He questioned whether a rebuttable
presumption will occur without a conviction.
MS. ANDREEN explained the court would have to make a finding by a
preponderance of evidence, although no conviction would have to
take place.
SENATOR PARNELL questioned how the court would view an ex parte
hearing that took place three years earlier.
MS. ANDREEN thought the court would have to revisit that kind of
situation. She added this recommendation came out of the domestic
violence summit. SB 272 will take the focus off of the victim to
prove why the other parent should not have custody when domestic
violence has occurred, and places the emphasis on the batterer to
prove why it is in the child's best interest.
Number 188
SENATOR PARNELL thought such a claim would come out in a divorce
proceeding and become a part of the determination anyway and place
an automatic rebuttable presumption in the case.
CHAIRMAN TAYLOR stated in early December of 1997 the Senate
Judiciary Committee met in Anchorage to review how the domestic
violence bill was working. Agencies reported that all was fine,
however the private sector presented a series of horror cases
involving the use of domestic violence reports for the sole purpose
of gaining advantage in custody cases.
Number 118
SENATOR PARNELL noted many of those problems existed prior to the
enactment of that law and were not cause by it. He recounted the
rebuttable presumption provision went too far so it was removed
from that bill.
CHAIRMAN TAYLOR asked Ms. Andreen to respond to his statement since
he has heard the same concern from directors of domestic violence
shelters.
Number 103
MS. ANDREEN stated she is hearing some of the same concerns as
well, yet at the same time, she has heard that in the vast majority
of cases, it appears the ex partes are being used in an appropriate
fashion. She believes it is important to provide more education
for parties who work on these kinds of issues on a professional
level, such as court personnel. Also, she felt Alaska has been
somewhat lax on including the family law and defense bars into the
discussions about the best systemic response to domestic violence.
She stated people can request a modification to an ex parte hearing
so that a hearing takes place three days later.
CHAIRMAN TAYLOR asserted that usually someone from an agency hand-
carries the person in to make sure the first order gets taken care
of. If the accused asks for a hearing, he/she is disadvantaged
from the start, and has to get an attorney and take time off of
work. The system is not balanced, and it can be easily and quickly
manipulated.
SENATOR PARNELL asked Ms. Andreen what other areas of SB 272 she is
concerned about.
Number 033
MS. ANDREEN responded the definition of "mental injury," in terms
of the jurisdiction for CINA clients, concerns her. She noted an
amendment has been prepared that includes domestic violence as part
of the mental injury. She added the amendment appears to be the
same one that was discussed in the House Finance Committee on
Saturday.
REPRESENTATIVE DYSON clarified that the bill originally included
the term "emotional harm" which many felt was too subjective, so
the term was changed to "mental injury" which is already defined in
statute.
TAPE 98-50
Side A
SENATOR PARNELL asked if Representative Dyson was referring to the
phrase, "according to a statement of a psychologist or physician is
evidenced by an observable and substantial impairment."
REPRESENTATIVE DYSON said that was correct.
SENATOR ELLIS asked if Chairman Taylor intended to mark up SB 272,
or a different version.
CHAIRMAN TAYLOR stated he intended to wait for the House version to
arrive, as many of the desired changes will already have been made.
He stated his main concern is to do what is most time effective.
Number 029
SENATOR MILLER noted the House intends to have HB 375 to the Senate
within the next few days.
SENATOR PARNELL suggested scheduling the bill again on Wednesday or
Thursday in case HB 375 does not arrive.
REPRESENTATIVE DYSON commented he and others spent all of their
free time during the past two and one half months working on this
bill, and literally hundreds of changes have been made to the
package that came out of the Governor's Task Force. The CSED
provisions were removed, as well as some of the provisions dealing
with domestic violence. SB 272 also does not contain the
provisions contained in Senators Halford's and Pearce's bills and
he added the provisions allowing foster parents to participate in
treatment plans and changes in placement and court hearings. He
stated he has personally had problems with DFYS not providing
adequate information to foster parents about children. He asked
committee members not to confuse changes to the law with the real
and imagined incompetence at DFYS. DFYS needs to be empowered and
held accountable for its shortfalls while changes are also made to
the law. He emphasized the need to educate judges on family law
and stated he suspects that the initial court hearing that takes
place within 48 hours after a child is taken into state custody are
"rubber-stamped" procedures. Parents do not know what their rights
are so they cannot get on an equal footing in that system.
Number 111
REPRESENTATIVE DYSON stated one of the issues that arose during the
task force meetings was that the people who should be making the
decisions did not have all of the information because of
confidentiality laws and differing agency modes of operation. Ten
years ago the people investigating reports of child abuse also knew
previous domestic violence reports had been filed. The
multidisciplinary team approach will improve communication and it
will prevent children from having to testify three or four times.
He added in the recent past, state custody has taken place with
families that have significant and multiple problems. Foster
parents need more support and education to deal with the effects of
severe trauma and fetal alcohol syndrome.
Number 211
CAROL PALMER, testifying via teleconference from Palmer on her own
behalf and for Parents United for Custodial Justice (PUCJ), made
the following comments. PUCJ would like the committee to pass only
those portions of SB 272 that incorporate the federal law (PL 105-
89). Many innocent parents who were contacted by DFYS and then
victimized. Once these parents have been victimized, the damage
cannot be undone. She agreed with Senator Taylor's comment that
parents learn to manipulate the child protection laws to gain
custody of children. Innocent children and parents have been
devastated by DFYS and that activity needs to be stopped. Many of
DFYS's hearings are closed-door, and the accused parent has no way
to clear his or her name.
KATHY MARQUETTE made the following comments via teleconference on
her own behalf. Her granddaughter was sexually abused by her
father as far as psychologists are concerned, however the police
and DFYS do not consider the activity to be criminal because no
sexual penetration took place. The father is still able to spend
time with the child, including overnight visitations, because of
the loophole in the law. The psychologist and psychiatrist both
believe the child is in a grooming phase by the abusive parent, who
leads the child to believe that sexual activity equates to parental
love.
Number 295
MARTHA HODSON testified via teleconference from Kenai. MS. Hodson
pointed out that services are not always available to work with
families. The families are often put on six month waiting lists
for drug and alcohol rehabilitation. In addition, DFYS providers
who try to help parents do not always honor confidentiality
releases. She expressed concern for young mothers who are getting
adequate help from domestic violence shelters and whose children
unnecessarily become CINA cases.
GLORIA STUART, a foster parent from Homer, made the following
comments. As a foster parent to three fetal alcohol syndrome (FAS)
children since 1985, she has had a good opportunity to observe
DFYS's activities. The first child she received was removed from
his home a few weeks after birth and was placed in 11 different
homes, including his original home, until he came to live with her
at 2+ years. Two months later, his sibling was born with FAS and
two years later, another sibling was born with FAS. She has all
three siblings. FAS is an organic disorder with no cure. FAS
children are prime candidates for battering because they are
difficult to raise, therefore keeping them in a home with alcoholic
parents is a dangerous thing to do. She asked that children not be
returned to parents who are not making the effort to get
rehabilitation. In addition, she asked legislators to take into
account that to a child one month is a long time, and to not allow
them to hang in limbo for years in hope that the parents will
recover. Children need to be placed in safe and permanent homes as
quickly as possible.
Number 410
LIEUTENANT BILL GIFFORD, Anchorage Police Department, commented on
his 26 years of experience in law enforcement. Physical injuries
can be seen, long term emotional injuries cannot. SB 272 allows
those who protect children to act in a quicker manner to stop the
violence and put the child on the road to recovery faster,
demonstrate to children that adults can be trusted, and allow case
workers to get on to the next case. SB 272 allows more open
sharing of investigative information, and the ability to work more
closely as a team. Combining investigative resources is more
efficient in time and money, reduces duplication of effort, and
allows all agencies to better understand the needs of each other.
SB 272 will have a positive effect on crime reduction in that
today's child abuse victim far too often becomes tomorrow's
criminal. SB 272 is a comprehensive package that includes more
reasonable sentencing for child murderers, requires sex offenders
to register, and other changes to allow agencies to work together
for the betterment of children.
BARBARA HOLLENBACK, a detective for the Anchorage Police
Department, stated her support for the child protection legislation
as an important crime prevention tool. She has investigated more
than 1,000 child abuse and neglect cases, and it is obvious that
victims of abuse grow up to be the juveniles and criminals of
tomorrow. In 1996 she investigated a case of a mother who had
burned, stabbed, and seriously injured her three children. The
District Attorney prosecuted the case as a felony assault on a
child. The mother had a prior felony conviction for burning her
daughter. The mother served four years and upon release from
prison, her daughter was returned to her by DFYS. The mother then
had two more children. If HB 375 passes, the child would not have
to go back to the mother.
Number 517
CHAIRMAN TAYLOR thanked Ms. Hollenback, and noted he spent six
years as a Master's Authority for two communities. He expressed
his frustration at the practice of returning children to abusive
homes. He hoped these bills will provide additional security and
authority for the workers to make common sense decisions.
Number 532
ANNE CARPENETI, Department of Law, commented that on page 5, line
22, a typographical error needs to be corrected. The language
should read, "... impaired by an intoxicant, whether or not
prescribed for the person." The words "a controlled substance"
should be deleted.
SUZETTE GRAHAM, a foster parent of two children, described her
frustration with the court's interpretation of reasonable efforts
for reform made by parents in custody hearings. If a parent
decides at the 11th hour to get treatment, the children remain with
that parent for another year. She urged committee members to pass
HB 375. She asked that the bill contain a provision to allow
foster parents to attend the entire court hearing.
Number 577
SHELLE LEMAN made the following comments via teleconference from
Kasilof. SB 272 is not specific enough. Neither she, nor her
niece who is a counselor, were considered as custodial parents for
her grandson who now lives with the parents of his abusive father.
She supports parts of SB 272 but is concerned that people be
listened to and not automatically treated like criminals.
TAPE 98-50
SIDE B
CHRIS HUTCHISON, representing a group of parents on the Kenai
Peninsula, said although parts of the bill must be passed to ensure
federal funding, both SB 272 and HB 375 give DFYS too much
authority without requiring enough oversight and accountability.
Problems with DFYS have been ongoing for 20 years, therefore a
quick fix is not the answer; however it would be a grave disservice
to children to not pass some child protection legislation this
session.
CHAIRMAN TAYLOR indicated, according to Representative Dyson, a
DFYS still does not provide inadequate information to foster
parents about the backgrounds of foster children because of the
confidentiality laws.
MS. HUTCHISON answered DFYS has done quite a bit in the past month
to correct that problem and make more information available to
foster parents.
Number 527
CHAIRMAN TAYLOR recounted some cases in his district of foster
parents not being told that their foster children had burned down
other residences. He repeated that he was unsure how much of the
problem was caused by ineffective statutes and how much was caused
by poor judgment on the part of DFYS. He asked Ms. Hutchison
whether she believes foster parents should have complete access to
a child's file.
MS. HUTCHISON said she did not think confidentiality in regard to
withholding information from foster parents was the biggest
problem. The biggest problem is that confidentiality provides DFYS
carte blanche protection regarding secrecy of its activities. SB
272 needs to be fine tuned to give DFYS direction. She agreed a
commission would be helpful, however SB 272 is an 11th hour band-
aid.
Number 501
LIEUTENANT BROWN stated it is important to remember that DFYS
employees are human and they do make mistakes in judgment calls.
He noted the multidisciplinary team was not designed to cover up
for DFYS, it is made up of other professionals involved in child
protection services and was conceptualized after talking to
hundreds of civilians. The team concept will allow for several
perspectives, and it will assist DFYS in investigating cases. DFYS
does not have the manpower to respond to all reports filed around
the state. VPSO's, state troopers, and others will be able to
assist. Also, DFYS might have one side of the story on a case;
other professionals can add more information to give a complete
picture.
CHAIRMAN TAYLOR stated he, Judge Schultz and Judge Krask (ph) put
together community councils to do the same thing. The problem they
councils encountered was the fear of breaking confidentiality, and
consequently, children continued to fall through the cracks. The
other side of the coin is that parents are going to be very
frightened about a group of state agency people discussing
confidential information about their family. Privacy must be
protected to some degree but early intervention is critical.
CHAIRMAN TAYLOR thanked everyone for their participation and
announced the bill would be held in committee until HB 375 arrives.
He adjourned the meeting at 6:15 p.m.
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