HOUSE BILL NO. 408 "An Act relating to the definition of 'child abuse and neglect' for child protection purposes; and providing for an effective date." 2:42:27 PM Co-Chair Chenault MOVED to ADOPT work draft #24-BH202\Y. There being no objection, the DRAFT was ADOPTED. Rynnvieva Moss noted that the bill was sponsored by the Governor, and explained the influence of last year's House Bill 53, combined with efforts of the Administration and various legislators into one vehicle, called the Family Rights Act of 2006. She acknowledged the inclusion of legislation by Representative Chenault, Representative Coghill, and changes added by the Office of Children's Services (OCS). Ms. Moss addressed Representative Coghill's concern with section 5 of the Committee Substitute. She explained that last year, under the previous law as written in HB 53, OCS could only discuss the report of harm that involved the disclosing information in the case of a resulting death. At that time, the Attorney General's office stipulated that the agency could only discuss the most recent report of harm that actually resulted in the death. She clarified that the revised bill now allows them to discuss any report of harm once requirements had been met, regarding any child in this situation. Ms. Moss also noted that another concern by Representative Coghill was addressed by Section 7 of the Committee Substitute. Ms. Moss explained that this amendment resulted from a situation occurring in Representative Coghill's district where two teenage children had been placed in a foster home and foster parents had collected the children's previous pfd's. In this case, the foster placement did not work out, but the children's dividends were lost. The bill stipulates that once a child has been placed in the custody of OCS, their dividends will accrue until they reach the age of 18, at which time they will have one year to collect the dividends. 2:46:09 PM Ms. Moss pointed out that Section 4 incorporated House Bill 327, by Representative Chenault, requiring that when a public official requested information, the Department be given five working days to collect information. She expressed that the Sponsor was very pleased with the Committee Substitute, and thought that the language was excellent. 2:47:16 PM TAMMY SANDOVAL, DEPUTY COMMISSION FOR THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES OFFICES OF CHILDREN'S SERVICES testified regarding the bill. She stated that the original intent of HB 408 was to comply with federal law. The "Keeping Children and Families Safe Act" of 2003, amended the Child Abuse Prevention and Treatment Act (CAPTA), and enacted new federal requirements for those states receiving CAPTA funds. She then explained that the bill had been amended to include a reporting requirement at delivery by a health care provider determining that a child has been "adversely affected by or is withdrawing from expose to, a controlled substance or alcohol". She explained that Sections 1, 2 & 3 related to reasonable efforts and involuntary termination of parental rights. She stated that these sections had been amended to require the court to find clear and convincing evidence, rather than a preponderance of evidence, prior to terminating parental rights. Ms. Sandoval referred to Jan Rutherdale, Assistant Attorney General, Department of Law, who was online to answer any questions. Ms. Sandoval also referred to Section 4, related to Department of Health and Social Services and the Administration's disclosure to public officials. Sections 5 and 6 related to disclosure of agency records, amended to comply with the intent of HB 53, as it relates to disclosing information about high profile child protection case. She noted that they had experienced the function of HB 53, and suggested the new language to provide more transparency and accountability. She concluded that Section 7 changes conditions under which OCS could release a child's PFD account trust monies. 2:49:46 PM Representative Kerttula asked regarding changing the evidence standard to clear and convincing, and expressed concern that currently if the court found by preponderance of evidence, which was a lower standard, children could be pulled out for a number of serious circumstances. She asked how the department of law felt about raising the standard. 2:50:58 PM JAN RUTHERDALE, ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF LAW noted that the amendments involve the termination statutes only, and not the initial removal, which is under temporary custody and adjudication. She stated that the department of law actually pointed out the current problem, due to the constitutional argument that the standard of evidence was too low. 2:51:59 PM Co-Chair Chenault referred to the indeterminate fiscal note, and asked if OCS would be affected by the requirement to track permanent fund monies for children until the age of 18. Rep Chenault asked how many children were currently tracked in this way. Ms. Sandoval noted that the indeterminate note had been prepared earlier, but that after clarification about the intent of the provision with the sponsor, the fiscal note was changed to zero. She responded that only 17 children in this year had been placed in guardianship. 2:53:12 PM Representative Kerttula asked about the section that added alcohol into the definition of child abuse and neglect. She noted a concern with section 8 regarding the level of effect from alcohol that would constitute the definition. She gave the example that an individual might have consumed alcohol before knowing they were pregnant, and expressed that she did not believe this should fall under the definition. 2:54:58 PM Ms. Rutherdale responded from a legal standpoint that this section applied only with children born with very obvious fetal alcohol syndrome, but not when a person had consumed a minor amount of alcohol prior to knowing they were pregnant. She stated that other affects of alcohol were not apparent until a child had entered school age, presenting in a child's ability to focus, poor judgment ability, etc.. 2:56:31 PM Co-Chair Meyer opened the floor to public testimony. There was no one available for testimony, and testimony was closed. Co-Chair Meyer asked about the indeterminate fiscal note, and Ms. Rutherdale reiterated that once a confusion had been clarified, the fiscal note had been reflected as zero. 2:57:50 PM Ms. Moss explained the concern that, in the way the bill had been written, OCS would be required to apply for dividends for children that were no longer in their custody but with a legal guardian. She explained that dividends were applied for only when the child was in the custody of OCS; otherwise their legal guardian would apply. 2:58:35 PM Co-Chair Chenault MOVED to create a Zero Fiscal Note for Health and Social Services, Children's Services, Children's Services Management, Component #2666 (3/07/06). There being NO OBJECTION, it was so ordered. 2:59:11 PM Co-Chair Chenault thanked Ms. Sandoval for her good work resolving cases. He then MOVED to REPORT CS HB408 (FIN) out of Committee with individual recommendations and 2 zero fiscal notes (#1, DHSS; New, HFC). There being NO OBJECTIONS, the bill was passed by UNANIMOUS CONSENT.