SENATE BILL 289 "An Act relating to runaway minors and their families or legal custodians." ALLISON GORDON, STAFF, SENATOR STEVE FRANK, provided the Committee with a work draft for SB 289, 9-LS1635\J, Lauterbach, 5/2/96. [Copy on file]. She pointed out that the version before the Committee was a compromise with Senator Frank, the Department of Law and the Department of Health and Social Services. Ms. Gordon provided a sectional analysis of the proposed legislation. Page 2, Subsection (4) contains new language recommended by the Department of Law in regard to contributing to the delinquency of a minor. Changes would be to Page 3, Subsection (1) resulting from concerns within the Department of Public Safety in returning a minor run-away home and the distance necessary to drive in order to return that person. Language has been added to address that concern. Ms. Gordon noted the change to Page 3, Line 19 and 20. The new language would give officers permission to take the child to the Division of Family and Youth Services (DFYS) if they had reasonable cause to believe that the child had been abused. Representative Brown inquired if the parent referenced in that section could be the legal custodian. DIANE WORLEY, DIRECTOR, DIVISION OF FAMILY AND YOUTH SERVICES, DEPARTMENT OF HEALTH AND SOCIAL SERVICES, replied, the referenced section deals with the parent or legal guardian. Previous language would give the parent or legal guardian the decision power to decide where the child would be returned to. The change made indicates that if there was a suspicion of abuse or neglect, a report to the Department would be made and the Department would then decide (not the parent), the location of placement of the child. Ms. Gordon continued, the most substantial change in the work draft would be to Page 5, Line 24, giving back the determination whether or not to file a petition, if the child was in need of aid. The language of the bill would require the Department to provide a finding if they did not file a petition. That information would then become available to the parents. Representative Kelly asked if the Department would be required to file a petition within 24 hours of taking custody of a child. Ms. Worley responded, at this point the Department is not required to file a petition on any case. The Department is required to file a "determination" based 3 on the findings. She emphasized that discretion is needed. ANNE CARPENETI, ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF LAW, spoke to Page 5, Line 31, recommending that language "including the factual findings on which the determination was based" be deleted. She stated that there would be determinations based on information other than factual findings. To require factual findings for a determination does not reflect what happened. Ms. Gordon stated that the sponsor would not object to that deletion. Representative Therriault asked a circumstance in which a decision would be made on evidence not supported by factual findings. Ms. Worley suggested that concern would be addressed more through the verbiage of an agreement or determination. She suggested that there could be a negotiated compromise between a child and a parent giving the Division the discretion to not file a petition. Following discussion with Committee members, Ms. Carpeneti suggested replacing the language with "reasons". Representative Parnell MOVED deletion of "factual findings" and inserting "reasons". There being NO OBJECTION, it was adopted. Ms. Carpeneti discussed changes to Page 6, beginning on Line 6, which would mirror the provision previously passed on the House floor to "delinquent minors". The language would require that parents attend the delinquency hearings of their children. It would also allow the Court to order that parents participate and pay for treatment. Representative Parnell asked what would happen if the parent did not attend. Ms. Carpeneti noted that was addressed in Subsection (J); the proceeding would continue. If they were not present, they could be charged with contempt and then fined. Ms. Gordon noted that Section 7 would deal with the time when the minor was brought before the court. Representative Parnell asked what would happen if the parents did not follow the established conditions. Ms. Carpeneti explained the same standard would be enforced. Ms. Gordon continued, Section 8 would deal with the program for run-away minors; the same language as contained in version (D). Subsection (6) requires State facilities to maintain semi-secure areas. She urged the Committee's support in passage of the legislation. Representative Parnell questioned that if subjecting the 4 juvenile's parents to contempt of court violations would cause an increase to the Department of Public Safety fiscal note. DEL SMITH, DEPUTY COMMISSIONER, DEPARTMENT OF PUBLIC SAFETY, replied, the Department does not anticipate more than a few additional warrants or summons to be served, which would not increase the fiscal note. Representative Kelly MOVED to report HCS CS SB 289 (FIN) out of Committee with individual recommendations and the accompanying fiscal notes. There being NO OBJECTION, it was so ordered. HCS CS SB 289 (FIN) was reported out of Committee with a "do pass" recommendation and with fiscal notes by the Department of Administration, (3) by the Department of Health and Social Services, the Department of Law, and the Alaska Court System.