SB 88-CHILD PLACEMENT; DILIGENT SEARCH  4:23:03 PM CHAIR DUNBAR reconvened the meeting and announced the consideration of SENATE BILL NO. 88 "An Act relating to placement of a child in need of aid; relating to adoption; relating to variances for foster care licenses; relating to the medical records of children in foster care; and providing for an effective date." 4:23:38 PM SENATOR JESSE BJORKMAN, District D, Alaska State Legislature, Juneau, Alaska, sponsor of SB 88. He said the legislation aims to improve outcomes for foster children by enhancing family searches, codifying foster families' right to request hearings so judges have all relevant evidence for placement decisions. He said SB 88 ensures that children under six who have been in foster care over 12 months have their mental well-being and best interests considered when evaluating placement options. 4:25:14 PM CHAIR DUNBAR solicited a motion. 4:25:19 PM SENATOR GIESSEL moved to adopt the committee substitute (CS) for SB 88, work order 34-LS0397\G, as the working document. 4:25:29 PM CHAIR DUNBAR objected for purposes of discussion. 4:26:07 PM ARIELLE WIGGIN, Staff, Senator Forrest Dunbar, Alaska State Legislature, Juneau, Alaska, offered a summary of changes for SB 88: [Original punctuation provided.] SUMMARY OF CHANGES  CSSB 88: CHILD PLACEMENT; DILIGENT SEARCH  34-LS0397 Version A to Version G  Section 1  Page 1, line 10: Adds "with whom the child has resided for at least 18 months" after "or a child's foster parent." Section 3    Page 3, line 13: Amends existing statute to specifically apply to children six years of age and older. Page 3, line 18: Changes the length of placement with a foster family seeking adoption from 12 months to 24 months. This change is made to reflect that child welfare case delays can easily extend past 12 months. Page 3, line 19: Adds new language instructing that the department must find clear and convincing evidence that continued placement with the foster family is in the best interest of the child to place the child, rather than reunification with the adult family member. Section 6    Page 6, line 4: Adds new language instructing that the department must find clear and convincing evidence that continued placement with the foster family is in the best interest of the child, rather than reunification with the adult family member. Also extends the required placement period from 12 to 24 months. Sections 2, 4, 5, 7 8 and 9    No changes are made. 4:27:39 PM At ease. 4:28:23 PM CHAIR DUNBAR reconvened the meeting. 4:28:30 PM SENATOR HUGHES asked for Senator Bjorkman's thoughts regarding the changes to SB 88. 4:28:53 PM SENATOR BJORKMAN replied that the current changes to SB 88 reflect committee work to address concerns and make members comfortable with the subject matter. He said the changes represent necessary adjustments to advance the bill through the legislative process. 4:29:25 PM SENATOR HUGHES asked for confirmation that the original language was the sponsor's preference. 4:29:36 PM SENATOR BJORKMAN replied, yes. 4:29:57 PM SENATOR CLAMAN asked, for purposes of the status quo compared to the legislation in the CS for SB 88, what is the standard of proof the court uses to decide a child's placement when up for adoption and how does the foster family's status as a potential adoptive family factor into that decision. 4:30:25 PM LINDA BEECHER, Deputy Public Defender, Alaska Department of Administration, Anchorage, Alaska, answered questions on SB 88. She replied that she didn't understand the question and asked for clarification. 4:30:34 PM SENATOR CLAMAN asked what standard of proof the court applies when determining placement for a child who is currently available for adoption under existing law, and how does the foster family's status as a potential adoptive placement factor into that decision under current legal standards and practice. 4:31:05 PM MS. BEECHER replied that foster parents already have opportunities to participate in child welfare proceedings. However, SB 88 creates a specific legal right for them to engage directly in litigation. Courts primarily focus on the child's best interests and permanency plan, as governed by existing permanency statutes. 4:32:22 PM SENATOR CLAMAN asked whether, under current law, a foster family with long-term care of a child has any standing to influence placement decisions when a relative from out of state seeks to adopt or if the system favors the relative despite the child's established relationship with the foster family. 4:33:22 PM MS. BEECHER replied that current law already allows these issues to be addressed, though delays possibly harm children, families, and relatives. She suggested that improving social work practices, conducting thorough searches for relatives promptly, and holding timely court hearings would better prevent placement challenges than the proposed legislation. 4:34:32 PM SENATOR CLAMAN asked for confirmation that under current law, foster families may be considered as potential placements yet, do not have the legal right to participate as a party in adoption hearings. MS. BEECHER replied that foster families can receive notice and be allowed to speak in court, often aligning with another party, however foster families do not have the legal right to intervene as a party. She proposed that legislation could increase litigation in child welfare cases. SENATOR CLAMAN asked if under SB 88 and the committee substitute, a foster family that has cared for a child for at least 18 months would gain the right to appear as a legal party, have counsel, and have the court hear their position. 4:36:34 PM MS. BEECHER replied that the distinction is between being present in court to advocate, even with counsel, and being granted full party status, which carries additional legal rights and represents a substantive change in the litigation. 4:37:08 PM SENATOR CLAMAN referenced the CS to SB 88, lines 10-13, and said he interprets those lines to mean that a foster parent who has cared for a child for at least 18 months may request a hearing, present evidence, and meet a clear and convincing standard, which suggests party status. He asked whether that interpretation was correct. 4:37:49 PM MS. BEECHER responded that granting foster parents party status would give them additional litigation rights. She said this includes access to information and discovery, placing them on equal footing with parents, guardians' ad litem, and tribes, and significantly altering the structure and balance of the child welfare system. SENATOR CLAMAN noted that a key aspect of the legislation is a significant change to the current adoption process by granting party standing to foster families who do not have that standing under current law. 4:39:02 PM SENATOR BJORKMAN stated that this provision does not grant foster parents party status or discovery rights. He noted this was clarified with the court system in the prior legislature and emphasized that, in practice, the language simply confirms that foster parents may request a hearing without making them a legal party to the case. 4:40:40 PM LAURA ACHEE, Staff, Senator Jesse Bjorkman, Alaska State Legislature, Juneau, Alaska, answered questions on SB 88. She replied that version G of the bill clearly states that foster parents may request a hearing regarding a proposed transfer though, do not become parties to the case and are not entitled to publicly appointed counsel. She said these provisions were deliberately included after concerns were raised about foster parents gaining party status, and the language was carefully negotiated with the court system, the Office of Public Advocacy, and other stakeholders to ensure SB 88 preserves the existing balance of rights while clarifying what foster parents are permitted to do under current practice. 4:41:54 PM CHAIR DUNBAR removed his objection. He found no further objection and CSSB 88 was adopted as the working document. 4:42:20 PM SENATOR HUGHES noted that she did not object to the adoption of SB 88 even so, she expressed concern that changes removed requirements for a prospective caregiver to demonstrate prior contact with the child. She is concerned this could disrupt bonded relationships and affect the child's welfare. She stated that she prefers the earlier version of the bill on that point. She said she would support moving the bill forward. 4:43:15 PM SENATOR CLAMAN appreciated the clarification that foster parents requesting a hearing do not become parties to the case and noted that SB 88 still grants them greater standing than they currently have. He observed that this expanded standing raises important legal questions about how adoption proceedings will function, describing the provision as a thoughtful and meaningful addition to SB 88. 4:44:35 PM CHAIR DUNBAR noted that Alaska's policy strongly favors family reunification and that SB 88 represents a substantial change in certain cases. However, he appreciated the sponsor's work over the past two sessions to add guardrails, such as clarifying that foster parents do not become parties to the case and expects continued discussion as the bill moves forward. 4:45:38 PM CHAIR DUNBAR solicited the will of the committee. 4:45:41 PM SENATOR GIESSEL moved to report CSSB 88, work order 34-LS0397\G, from committee with individual recommendations and attached fiscal note(s). 4:45:57 PM CHAIR DUNBAR found no objection and CSSB 88(HSS) was reported from the Senate Health and Social Services Standing Committee.