HB 33-FOSTER CARE LICENSING/STATE CUSTODY  4:16:34 PM CHAIR KELLER announced that the final order of business would be SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 33, "An Act relating to the procedures and jurisdiction of the Department of Health and Social Services for the care of children who are in state custody; relating to court jurisdiction and findings pertaining to children who are in state custody; and modifying the licensing requirements for foster care." 4:17:13 PM REPRESENTATIVE LES GARA, Alaska State Legislature, explained that SSHB 33 did not have a fiscal note, and that the Department of Health and Social Services (DHSS) had worked closely with the joint prime sponsors on the language of the bill. Directing attention to the proposed amendment [Included in members' packets], he confirmed its request by the Department of Law (DOL) as there had been technical changes to prior foster care legislation. He established that SSHB 33 created the presumption that siblings live together, with a requirement for case worker explanation and supervisorial agreement to allow otherwise. Reflecting on the rural code requirements for foster care housing, he shared that those requirements not in federal law could be waived if it was in the best interest of the child and the home was safe. He endorsed a goal of foster care for permanency, to get children into a permanent home. He opined that the DHSS would "give up on permanency sometimes." He confirmed that SBHB33 stated: "unless there's a compelling reason, you have to keep looking for a permanent for a child. You can't just give up and say we'll put you in bounce able foster care." He defined APPLA to be "another planned permanent living arrangement," and explained it to be the act of giving up on finding permanent placement for a child. He stressed that this was not acceptable without a compelling reason. He analyzed the last provision of the bill, requiring that at least 30 days notice be given to the youth and the guardian ad litem for transfer out of foster care, unless agreement by all the parties. He explained the various post foster care benefits which included assistance for college tuition, work force training, and rent. 4:22:54 PM REPRESENTATIVE GARA shared that the Director of the Office of Children's Services (OCS) had recently written in a newsletter that DHSS used APPLA too much. CHAIR KELLER asked if the APPLA definition was included in SSHB 33. REPRESENTATIVE GARA replied that the definition was included in the proposed amendment on page 4, line 24. 4:24:16 PM CHAIR KELLER reflected that it was "an alternative to permanent placement with an adult family member, and an alternative to reunification, adoption, and legal guardianship." He asked if a living arrangement could be more than "a mom and a dad, siblings..." REPRESENTATIVE GARA replied that APPLA simply meant keeping someone in foster care with no guarantee of not being moved to another home. He stated that the goal was for parent or guardian permanence. 4:25:10 PM REPRESENTATIVE KERTTULA asked to clarify that children had foster care terminated with no notice. REPRESENTATIVE GARA observed that although DHSS tried to avoid it, cases existed of children receiving notice one day prior to the end of foster care. He endorsed a statute which required DHSS and OCS to do better. REPRESENTATIVE KERTTULA offered her belief that this change was necessary. 4:26:24 PM AMANDA METIVIER, Statewide Coordinator, Facing Foster Care in Alaska (FFCA), responding to questions regarding APPLA, stated that this was supportive of long term foster care. She pointed out that SSHB 33 would restrict the use of APPLA, so that youth would not "age out" and the search for permanency would never stop. She stressed the never ending need for family. She highlighted the difficulties that arose with a release from custody without notice. She spoke about the need to keep siblings together. 4:30:57 PM REPRESENTATIVE KERTTULA, referring to the termination of foster care, asked if there was a requirement to give notice, or if OCS had failed to give notice. MS. METIVIER replied that OCS was supposed to give notice to all parties, but she was unsure of the lead time required. She agreed that it could be difficult to contact youth, as they were mobile. 4:32:33 PM REPRESENTATIVE KERTTULA moved to adopt Amendment 1, labeled 27- LS0203\E.1, Mischel, 4/6/11, which read: Page 3, line 6, following "blood": Insert ", marriage, or adoption" Page 3, lines 16 - 17: Delete "[AN] additional one-year periods [PERIOD] of supervision past [AGE] 19 years of age that do not  extend beyond the person's 21st birthday if continued" Insert "an additional one-year period of custody  or supervision past [AGE] 19 years of age and  additional one-year periods of custody that do not  extend beyond the person's 21st birthday if continued custody or" Page 3, line 20: Delete "minor" Insert "child [MINOR]" Page 4, lines 3 - 5: Delete "[AN] additional one-year periods [PERIOD] of supervision past [AGE] 19 years of age that do not  extend beyond the person's 21st birthday if continued" Insert "an additional one-year period of custody  or supervision past [AGE] 19 years of age and  additional one-year periods of custody that do not  extend beyond the person's 21st birthday if continued custody or" Page 4, line 8, following "placed": Insert "in the custody or" Page 4, lines 10 - 12: Delete "[AN] additional one-year periods [PERIOD] of supervision past [AGE] 19 years of age that do not  extend beyond the person's 21st birthday if continued" Insert "an additional one-year period of custody  or supervision past [AGE] 19 years of age and  additional one-year periods of custody that do not  extend beyond the person's 21st birthday if continued custody or" Page 4, line 31, following "recommend": Insert "to the court" Page 5, following line 1: Insert "(1) the child is 16 years of age or older;" Renumber the following paragraphs accordingly. Page 5, line 3, following "child;": Insert "and" Page 5, line 8: Delete "; and" Insert "." Page 5, lines 9 - 10: Delete all material. Page 5, lines 11 - 12: Delete "who is under 19 years of age" Page 5, line 12, following "department": Insert ", before the date custody is ordered to end," Page 5, line 13, following "child": Insert ", if the child is over 16 years of age and available," Page 5, line 14: Delete "petition for release is filed" Insert "motion for release is filed, unless the parties agree to a shorter notice period" Page 5, line 15: Delete "petition with the court for termination" Insert "motion with the court for release" Page 5, line 16: Delete "and release" Page 5, following line 19: Insert a new subsection to read: "(r) When custody of a child who has been committed to the custody of the department is due to expire, the department shall file a notice of release with the court 30 days before the date of release unless the parties agree to a shorter notice period and distribute the notice to the parties, including the child if the child is 16 years of age or older and available." Reletter the following subsections accordingly. Page 5, lines 20 - 21: Delete "all reasonable efforts to place siblings who are in the custody of the department in the same placement" Insert "reasonable efforts to place siblings in the same placement if the siblings are residing in the same home when taken into the custody of the department" Page 5, line 22: Delete "state or regional director of" Insert "case supervisor for" Page 5, lines 23 - 24: Delete "provide a written explanation in the file of" Insert "document in the file" Page 5, line 26, following "blood": Insert ", adoption," Page 5, line 30: Delete "is more than 15 years of age and" Page 6, line 4: Delete ";" Insert "." Page 6, lines 5 - 6: Delete all material. Page 6, following line 6: Insert a new subsection to read: "(u) In this section, "another planned permanent living arrangement" means a permanent living arrangement for a child who is committed to the custody of the department under AS 47.10.080(c)(1) that is an alternative to permanent placement with an adult family member, and to reunification, adoption, and legal guardianship." Page 6, lines 8 - 9: Delete "ensure that" Insert "streamline" Page 6, lines 10 - 11: Delete "is not unduly complex and is as short and straightforward as necessary to protect a child's best interests" Insert "to the extent consistent with federal law" Page 6, lines 15 - 17: Delete all material. Renumber the following paragraphs accordingly. There being no objection, it was so ordered. 4:34:34 PM REPRESENTATIVE KERTTULA, asking about the process for termination of foster care, requested assurance that it did not happen on a moment's notice. JAN RUTHERDALE, Senior Assistant Attorney General, Child Protection Section, Civil Division (Juneau), explained that a child can leave the system at 18 years of age, if the term of custody had ended or a motion to be let out early was filed. She pointed out that the bill addressed the end of custody provision, and required that notice be given. She offered her belief that more of the surprises occurred when the term of custody expired, as only the court could end custody early. She declared that DHSS was required by statute to notify the foster parents, but that SSHB 33 also required notification to an older child, if they were available. She confirmed that, in Juneau, the local practice was for notification of the end of the term for custody to be sent 30 days in advance to both the parties and the courts. She declared that the bill would make this a state-wide practice. 4:38:21 PM REPRESENTATIVE SEATON asked the reasons for different lengths of custody. MS. RUTHERDALE explained that the term of custody could only be for two years, and then up to one year for each extension. She pointed out that, as a term of custody could often begin mid- year of a child's chronological age, the custody could then last beyond the age of 18. 4:39:40 PM REPRESENTATIVE SEATON asked if the normal procedure was based on calendar year extensions and not on age of the child. MS. RUTHERDALE replied that it could vary, though always for the best interest of the child. 4:40:19 PM REPRESENTATIVE HERRON asked if the "best practice" was defined as 30 days. MS. RUTHERDALE replied that the actual notice was more than 30 days to allow time for motion and possible opposition, so that it was actually closer to 60 days. 4:41:09 PM TRACY SPARTZ-CAMPBELL, Deputy Director, Central Office, Office of Children's Services, Department of Health and Social Services, in response to Chair Keller, said that about 1200 children were in foster care in Alaska. She opined that about 100 of them were over the age of 18. CHAIR KELLER, reflecting on children over 18 years but under 21 years of age, pondered the amount of loving adult supervision. 4:42:05 PM REPRESENTATIVE KERTTULA asked for the percentage of foster care kids in foster homes. MS. SPARTZ-CAMPBELL replied that most of them, if in custody, would be in some type of placement. In response to Representative Kerttula, she confirmed that there were hundreds and hundreds of foster homes. [SSHB 33 was held over.]