SB 295 - LICENSING:DISCLOSURE OF MINORS' RECORDS CHAIR DYSON announced that the next order of business would be SENATE BILL NO. 295, "An Act relating to the disclosure of information regarding delinquent minors to certain licensing agencies; and providing for an effective date." Number 0875 WENDY HALL, Staff to Senator Pete Kelly, Alaska State Legislature, presented the bill on behalf of Senator Kelly, sponsor. She told the committee that SB 295 was introduced as an attempt to help facilitate state licensing agencies to ensure quality care and safety concerns are met for all care facilities and programs within the state. Currently, people age 16 and older have their background researched if they are seeking employment for a care license or with a care provider or are residing in a home with a care provider seeking licensure. However, information for individuals age 16 or younger is not readily released to licensing agencies. That information is only accessible through the Division of Juvenile Justice. Its hands are somewhat tied in the fact it can only release certain information in certain circumstances to certain licensing agencies. A woman could apply for a day care license to provide care out of her home and could have a 14-year old son living there who is a convicted child molester. The licensing agencies would have no knowledge about this and would give her the license. She said that children and adults could be put in a situation with an offender in the home. REPRESENTATIVE COGHILL asked if this bill passes, will someone go back and look at people who have licenses now. MS. HALL answered no. Number 0995 ROBERT BUTTCANE, Legislative & Administrative Liaison, Division of Juvenile Justice, Department of Health & Social Services, came forward to testify. He expressed support for SB 295. He told the committee that over the years the legislature has enacted a number of licensing bills requiring care licensing authorities to do background checks on people 16 years and older. The current delinquency statute governing delinquency records isn't entirely sufficient to be able to release that information. MR. BUTTCANE described a situation in which a woman asks for a daycare license in her own family home, and she has a 17-year- old boy who lives in the home. Currently, the statute says that the division can release the delinquency information if the 17- year old is going to be an employee of the woman. Although there may not be a clear intent that the 17-year old is going to be employed by this woman in this daycare business, there is an inferred employee relationship in that if mom runs out to the store, she will leave the 17-year old in charge of the children. Therefore, there is a quasi-employee relationship and thus that information on the 17-year old is provided to the Department of Education & Early Development. This legislation would make it very explicit that the division actually has the authority to provide relevant delinquency information to childcare and adult care licensing entities. MR. BUTTCANE told the committee that this fixes a problem. He acknowledged there has not been a problem, but he doesn't want to have a situation where information has been withheld from a licensing agency that really is necessary to make an informed decision about the safety of care providers. Number 1106 REPRESENTATIVE COGHILL referred to page 2, lines 27 to 29 and asked what "another jurisdiction that has the authority" might be. MR. BUTTCANE replied that sometimes licensing functions are delegated to Native entities or municipalities. While they do not have the ultimate licensing authority, some of the work to gather information on licensing issues is delegated to another entity. This would allow them on behalf of the agency that does have licensing authority to gather that information. Number 1152 REPRESENTATIVE COGHILL wondered if the same safeguards would be followed as far as access to the information. MR. BUTTCANE answered, yes, there are specific guidelines on how to use that information and who has access to it. He explained that it is delineated in the policies and practices as to how that information is transmitted and used. REPRESENTATIVE COGHILL asked about someone losing the license. MR. BUTTCANE replied that this bill specifically allows the division to give information to the licensing entity, and then it's the licensing entity that makes the decisions about the suitability of the applicant or whether to license the home. There are a number of regulations that guide that as to when a license can be issued or when it should be suspended because of adverse information that's determined. This bill speaks only to the authority that the division has to provide that information to the licensing entity. What the licensing entity does with that information is covered in other sections of the law, he said. Number 1244 CHAIR DYSON commented that his research says that a disturbing number of perpetrators of sexual assault on children are juveniles, including some who have profound disabilities. Number 1267 REPRESENTATIVE WILSON moved to report SB 295 out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, SB 295 was reported out of the House Health, Education and Social Services Standing Committee.