HB 297-MILITARY MEMBER CHILD PROTECTION  3:14:02 PM CO-CHAIR ZULKOSKY announced that the first order of business would be HOUSE BILL NO. 297, "An Act relating to the duties of the Department of Health and Social Services; relating to child protection; and relating to children of active duty military members." [Before the committee was CSHB 297(MLV).] 3:14:33 PM TANIA CLUCAS, Staff, Representative Grier Hopkins, Alaska State Legislature, presented CSHB 297(MLV) on behalf of Representative Hopkins, prime sponsor. She stated that the proposed legislation is in response to the U.S. Department of the Interior's ongoing Tiger Team collaboration with the U.S. Department of Defense (DoD). In regard to child abuse identification and reporting, the proposed legislation responds to this as one of the ten key issues identified when DoD considers quality of life for military families. She stated that DoD uses these issues to make decisions related to [military] installations and extended missions. She added that currently there is no requirement in Alaska for civilian authorities to notify DoD when a military child is involved in a case of abuse or neglect. The proposed legislation would put this into statute. The legislation would also ensure that military families have access to resources with a local partner. She concluded that providing these services would allow military families to stay in Alaska. 3:17:03 PM MS. CLUCAS introduced the sponsor statement for CSHB 297(MLV) [included in the committee packet], which read as follows [original punctuation provided]: Alaska has approximately 14,000 children who are classified as active-duty military dependents and over 5,000 children who are dependents of those who serve in the National Guard and Reserves. Our state has the 3rd highest per capita population of military children in the nation, coming in behind our sister state Hawaii and the District of Columbia. These young people are important to Alaska, and as leaders of our state we have a responsibility for their health and welfare. When unfortunate incidents occur that affect the health and welfare of a child of a military member requiring intervention by state authorities, there is not currently a legal protection to make sure that the appropriate officials within the military chain of command are notified. House Bill 297 would place into statute the requirement that the state agency who intercedes on behalf of a child's welfare must notify the appropriate, identified, authorities at the affiliated duty station. This would allow for the creation of a coordinated and collaborative approach to protective and rehabilitative services can be offered to the child and the child's family. Getting families the help, guidance and support they need to keep families together is the most important thing we can do for the health of the child as they grow up. Alaska is renowned for its support of our military and for working with the Department of Defense to ensure the health and safety of our nation's military and Alaskan families are safe and secure is essential. Please join me in supporting HB 297 to help ensure that military children and families are able to be offered the most comprehensive support they need to thrive. MS. CLUCAS gave the sectional analysis on CSHB 297(MLV) [included in the committee packet], which read as follows [original punctuation provided]: Section 1: Amended to reference new section added by this legislation Section 2: Adds language authorizing and requiring communication of a report of harm to a military dependant [sic] to the appropriate designated military authority by civilian authorities. 3:19:20 PM MS. CLUCAS directed the committee's attention to the PowerPoint presentation [included in the committee packet]. She began with [slide 2], stating that the legislation is being offered at the request of the DoD State Liaison Office to address one of the ten key issues listed. She provided that, of the listed issues, the state has already addressed military spouse licensure and the Purple Star Schools Program. The proposed legislation would address child abuse identification and move this piece forward. She said that Alaska's collaboration with DoD on these priorities would ensure the state is a place DoD could continue its mission. She stated that slide 3 exhibits the nationwide progress on DoD's mission. She explained that the military has changed over the last 40 years, and members are no longer isolated on a base. She noted that over 70 percent of active- duty military live within local communities, so the chain of command may not be aware of any abuse issues; thus, a collaboration of civilian and military authority is needed. 3:22:06 PM MS. CLUCAS, moving to the next slide, pointed out the significant number of military-affiliated children in Alaska and the high rate of reported abuse cases involving these children. She stated that, since [the terrorist attacks of September 11, 2001], the military has had more active deployments, and, with this increase, there have been more reported cases of abuse in stressed military families. She offered her understanding that, since the advent of the Family Advocacy Program (FAP) in 2019, DoD has recognized its extended responsibility to look after these children. She stated that civilian authorities working with FAP would not only help the DoD follow its own requirement, but it would also provide for the health and welfare of those vulnerable Alaskans. 3:25:47 PM MS. CLUCAS, in response to a question from Representative McCarty, addressed DoD's considerations when deciding to open military bases and the state's efforts to make locations attractive. She stated that because of the realignment of DoD's criteria for mission locations, the interior of the state has made efforts, including the formation of the Tiger Team. In response to a follow-up question, she indicated that the decision on mission placement would be made at a high level in the DoD. 3:30:06 PM TAMMIE PERREAULT, Northwest Regional Liaison, State Liaison Office, U.S. Department of Defense, shared that she works for the Under Secretary of Defense for Personnel and Readiness. She stated that DoD relies on collaboration with local and state governments to fulfill the statutory obligation to address child abuse and neglect. She said DoD is grateful for the opportunity to support the policies in [CSHB 297(MLV)]. She expressed hope that Alaska would join the 31 other states with similar legislation on this issue. She explained that the military services have an obligation to understand what is happening with military members, and she said information sharing between DoD and local authorities must be accomplished at the start of an abuse or neglect investigation, not after the adjudication. MS. PERREAULT offered that the proposed legislation would ensure child abuse and neglect within a military family is reported to the appropriate military installation and the Office of Public Advocacy. The legislation would enable the determination of a family's military status when medical and counseling services are sought through the military installation. She informed that there would be minimal requirements for information sharing, noting that, currently in Alaska, the framework relies on individualized, local memorandums of understanding (MOUs) to guarantee communication between local authorities and the military community. She cautioned that many MOUs are not regularly updated, and military families could possibly live outside the area MOU's cover. She said that specific, state- level guidance, which directs information sharing with the military, would provide consistency among all branches of the services and state and local agencies. Further, when there is an allegation of abuse or neglect involving the military family, the proposed policy, which draws on the best practices nationwide, would provide consistency to support the MOU process. She clarified that this would not be a military law enforcement matter; it would be a victim-advocacy measure to protect vulnerable children. She expressed gratitude for the support Alaska has shown for military families in the state, and she urged the committee to pass [CSHB 297(MLV)]. 3:33:27 PM MS. PERREAULT, in response to a question from Co-Chair Zulkosky, said the proposed legislation is similar to legislation in other states. She said that the legislation would provide foundational groundwork to ensure there is coordination, by statute. She reinforced that legislation would maintain DoD's obligation to support military children. 3:35:08 PM REPRESENTATIVE KURKA, in reference to reporting abuse of a child by a member of the armed forces, questioned who is authorized by law to have the reported information. MS. PERREAULT deferred to Commander Jerry Combs. 3:36:32 PM JEREMY COMBS, Commander, Family Advocacy Officer, U.S. Air Force, Joint Base Elmendorf Richardson (JBER), explained that when a report comes to the FAP office, the staff is required to immediately notify the chain of command, which begins the safety assessment process. He listed the entities that are notified: the Office of Children's Services (OCS), the chain of command, the local law enforcement, the Department of the Army, and the U.S. Air Force Office of Special Investigations. 3:37:56 PM TRAVIS ERICKSON, Division Operations Manager, Office of Children's Services, Department of Health and Social Services, said when OCS receives a report of child abuse or neglect, it coordinates with a variety of other authorities. He said, "If we know that there's a military duty member, we will alert the Family Advocacy office, and if a crime has been committed, we will also be coordinating with the Office of Special Investigations and other local law enforcement, as indicated." REPRESENTATIVE KURKA asked for further information regarding who in the chain command would be authorized by law to share information. He questioned whether this would involve federal law. MS. PERREAULT, to answer this question, offered to meet with Representative Kurka after the hearing to provide details. 3:40:05 PM MS. PERREAULT, in response to a question from Representative Fields regarding the notification period, explained that the previous committee of referral amended the legislation to include a 15-day requirement, which was coordinated with OCS. She offered her understanding that in other states a specific timeline has not been mandated, but sometimes an issue that has not come to the forefront becomes "stale." She added that, conversely, some issues are emergent and come to FAP via a police report or emergency room visit. COMMANDER COMBS added that, in terms of domestic violence, time is of the essence. He clarified that the staff at FAP are "experts" and can act as consultants to the commanders. Only those commanders, first sergeants, have the authority to issue "no contact" or "protective" orders. He noted that as soon as FAP receives a referral, one option would be to link the family with a professional victim advocate within the office. He added that office staff can also work with local authorities. MR. ERICKSON remarked that the 15 days would be the outside response time used to report to OCS. He offered his understanding that the language in the proposed legislation is "within 15 days". He said the typical OCS response time is from immediate to a maximum of 7 days. He opined that the office should be responding based on the urgency necessary to the circumstance. REPRESENTATIVE FIELDS suggested if 7 days would be outside of the timeframe, the committee should consider an amendment to change the 15 days [to fewer days]. 3:45:14 PM MS. CLUCAS, in response to Representative McCarty, noted the last committee of referral had put forward the amendment to change the requirement to 15 days. It concerned a committee member that no outside limit for reporting had been made. The intent would be to have an outside timeframe for reporting. 3:46:26 PM CO-CHAIR ZULKOSKY announced that HB 297 was held over.