HOUSE BILL NO. 36 "An Act relating to the placement of foster children in psychiatric hospitals; relating to the care of children in state custody placed in residential facilities outside the state; and amending Rule 12.1(b), Alaska Child in Need of Aid Rules of Procedure." 3:37:57 PM REPRESENTATIVE ANDREW GRAY, SPONSOR, offered a brief overview of the bill. The bill would make it so that a foster child (child in custody of the Office of Children's Services [OCS]) would have a hearing in front of a judge within seven days if they had been admitted into an acute psychiatric facility. He explained that in these cases, OCS was acting as the "parent," yet it had not played the same role as a parent would have played for its child. He asserted that children had been held for too long and sometimes without good reason. The bill aimed to close the loophole. There were no guidelines in statute that covered when a such a case would be reviewed. 3:39:26 PM Co-Chair Foster OPENED public testimony. Co-Chair Foster CLOSED public testimony. 3:40:09 PM Representative Tomaszewski liked the bill, and he had no objection to moving the bill from committee. Co-Chair Josephson also liked the bill and agreed with Representative Tomaszewski's suggestions. He noted that there had been three audits of OCS and there was a myriad of ways that the office had not followed the law. He referenced HB 151 sponsored by former Representative Les Gara. He referenced a provision that stated that if children were not taken into custody, parents should be given referrals for services. He asked how the bill would get enforced. Representative Gray referenced Kwinhagak v. State of Alaska [a 2024 case where the Alaska Supreme Court found delays in child welfare proceedings violated procedural due process], which found the current way of doing the hearings were incorrect. He noted that the courts were hearing the decision in seven to ten days after a change of practice in the previous year. He explained that the bill would be putting into statute what was already happening. He understood that sometimes laws were passed but not enforced. He pondered that the topic needed to be revisited. He thought the issue should be revisited to ensure the children were getting hearings in the time the bill dictated. Representative Bynum appreciated the sponsor bringing the bill forward. Representative Allard thanked the sponsor. 3:44:07 PM AT EASE 3:44:41 PM RECONVENED Representative Tomaszewski MOVED to REPORT HB 36 out of committee with individual recommendations and the accompanying previously published fiscal notes. There being NO OBJECTION, it was so ordered. HB 36 was REPORTED out of committee with eight "do pass" recommendations, two "no recommendation" recommendations, and with one previously published fiscal impact note: FN1 (DFCS) and one previously published zero fiscal impact note: FN2 (JUD). [note: Co-Chair Schrage was absent from the vote] Co-Chair Josephson relayed that there were several days on the schedule for next week committed to taking up a supplemental budget to pay the FY 25 debt and items the governor sought as supplementals. He relayed that the committee would consider a CS. Co-Chair Foster reviewed the agenda for the following day. Representative Tomaszewski asked about the mention of the six additional contract negotiations coming forward. He asked if the contracts would be in the revised governor's budget. Co-Chair Josephson responded that the items would be in the FY 26 budget.