HOUSE BILL NO. 259 "An Act relating to a parent's eligibility to be represented by the public defender before and during the probable cause and temporary placement hearing that is held after the state takes emergency custody of a child." REPRESENTATIVE JOHN COGHILL testified in support of HB 259. He explained that HB 259 is the result of a meeting with agency representatives in Fairbanks, last spring. He noted that concerns were expressed that some persons are unable to obtain legal representation for the 48-hour child in need of assistance (CINA) hearing. The Division of Family and Youth Services is required to hold a CINA hearing within 48 hours after a child is taken into custody. The ability to receive services from the Alaska Public Defender Agency is not uniform across the state. The legislation would provide for representation. Provision would be made for indigent determination or pro-rated pay back for services. BLAIR MCCUNE, PUBLIC DEFENDER'S OFFICE testified via teleconference in support of HB 259. He observed that the legislation would allow the Agency to start their work on CINA cases earlier. He stressed the importance of the language "may be represented, pending a determination of indigency" on page 1, line 7. He explained that the Agency must be careful not to enter a situation were a conflict of interest exists. The Alaska Public Defender Agency would want to take the more serious case if multiple charges were involved. He did not anticipate additional costs with the legislation. Vice Chair Bunde noted that the language is permissive. He questioned if the Alaska Public Defender Agency would be liable if they were unable to immediately respond to a case, due to their caseload. Mr. McCune noted that they would not be liable and added that the Agency is required to represent zealously and competently when they begin working on a case. He expressed confidence that cases would be well represented and stated that his concern is with possible conflicts of interest that could arise when a more serious charge is involved in the same case. The Alaska Public Defender Agency has not had sufficient funding for staff to be on-call. Vice Chair Bunde clarified that his concern would be that the Agency not be in violation if they did not having an attorney available to respond to a case. HARRY NIEHAUS, GUARDIANS OF FAMILY RIGHTS, NORTH POLE testified via teleconference. He observed that page 1, line 6 refers to a "person who is the natural or adoptive parent." He questioned why legal guardian was not included. He stressed the need to include guardians in the legislation. He referred to legislation that would allow a continuance in cases where a public defender is not available. Representative Coghill noted that the question of a continuance would be addressed in other legislation and felt that it was out of the scope of HB 259. Parents can ask for a continuance under current law. He indicated that he would be willing to consider the addition of guardians. MARCI SCHMIDT, MATSU testified via teleconference in support of HB 259. She emphasized that it is crucial for parents in CINA hearings to have representation. She maintained that many parents do not receive representation because they do not know that it is available. She noted that there are not sufficient private attorneys available to take on CINA cases. Vice Chair Bunde questioned if the House Judiciary Committee discussed guardians or the need to broaden the legislation to cover those with temporary custody of children. Representative Coghill responded that the addition of guardians or those with temporary custody was not discussed in the House Judiciary Committee. Mr. McCune observed the state statute does not contain specific language, but refers to court rules: "an indigent person who is under formal charge of having committed a serious crime, or if entitled to representation under the Supreme Court delinquency or child in need of aid rules". He observed that there can be problems relating to the addition of guardians because there can be temporary guardianship where a parent is out of town in addition to legal guardians. Temporary guardians may not be included under the rules. He did not have a suggestion for language to add long term guardianship. Representative Austerman noted that the Administration does not have a policy relating to guardians and theorized that, if there were a problem, there would be a policy. Mr. McCune explained that the court system decides that a child should be represented and appoints the Alaska Public Defender Agency to represent them. He did not think that the Agency should be in the situation of representing short-term guardians. Vice Chair Bunde questioned if there is a legal definition of "legal guardian" as opposed to a short-term guardian such as a baby sitter. Representative Austerman spoke in support of the legislation. He suggested that the issue be researched. Mr. Niehaus clarified that his concern is in regards to long term guardians and noted that the issue is addressed in Court Rule 22. HB 259 was heard and HELD in Committee for further consideration.