HB 214: DISCLOSURE OF MINOR'S RECORD BY PARENT DUNCAN FOWLER, OMBUDSMAN, STATE OF ALASKA, testified in support of HB 214. He said that the bill was submitted at the request of the Legislative Council, based on a case involving the Ombudsman's office. He said that a legislator had called the Ombudsman's office regarding a problem. He said that, shortly after the Ombudsman's office had held interviews with the child, the parent and the legislator, the court had issued an order barring the parents from talking to any legislators or to the Ombudsman's office. MR. FOWLER said that the court eventually amended the order to allow the parent to talk to the Ombudsman's office, as that office operated under confidentiality rules. The case was now before the state Supreme Court. The bill would correct the problem which came up, he said, and addressed an important point of legislative oversight over the executive branch. He thought that the original bill might limit a parent's ability to discuss issues they already knew about which were not confidential. The amendment addressed that problem, he said. He said that his office supported the bill, although it would not affect his office. Number 519 REPRESENTATIVE PHILLIPS asked why the amended version of HB 214 deleted the word "records" from the title of the bill. MR. FOWLER did not know, but said that perhaps the committee staff could answer the question. Number 532 JANINE REEP, ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF LAW, testified on HB 214. She said that she had not seen the amendment. She was then provided a copy of the amendment. REPRESENTATIVE PHILLIPS repeated her question. MS. REEP said that there was a good reason for the change. She said that there was concern over the automatic release of records to certain people. She said that, as the statute was set up, the court had to authorize release of any records. She noted that in the case to which Mr. Fowler had referred, the parents and the child had the right to be represented by an attorney. She said that records could include highly sensitive and potentially damaging information. MS. REEP said further that parents might request the release of information to their attorneys, but that did not automatically mean the release of records to an attorney. She was not aware of the case which Mr. Fowler had described. She was surprised to hear that some parties felt a parent could not talk to the Department of Law, as they frequently did, she said. Number 575 REPRESENTATIVE PHILLIPS said that the explanation seemed to mitigate the intent of HB 214. She said that section 2 of the amended bill, on page 2, line 15, gave parents the right to disclose any information. She said that there was conflict between the purpose of the original bill and the amended version. MS. REEP was uncertain as to the intent of HB 214. She said that it was a policy question as to whether legislators should have access to a child's records. Number 601 REPRESENTATIVE PHILLIPS said that the new section 2 gave legislators the power and authority to have records, and disclose information from those records. CHAIRMAN PORTER disagreed, saying that the section gave such power over information, not records. There followed some discussion over the meaning of the terms "information" and "records." CHAIRMAN PORTER asked Ms. Horetski to comment. Number 622 MS. HORETSKI said that the original bill (HB 214), was proposed by the Ombudsman's office. She said that the first draft was not well drafted. She discussed the CS dated April 2, 1993, and the process followed in drafting the bill. She said that the CS had been received only shortly before the start of the meeting. She believed that the title should use the term "information." She said that the CS did not restrict parents' right to talk about their child, but that their existing rights were expanded. Number 665 REPRESENTATIVE PHILLIPS interrupted to note that HB 214 had its roots in the court telling the parents that they did not have the right to share information about their child. She said that the bill clarified that the parents did have that right. She asked why the court would assume that the parents did not have that right. MS. HORETSKI said that records regarding the minor in children's proceedings were confidential, under AS 47.10.090. REPRESENTATIVE PHILLIPS said that the court in the case under discussion apparently had issued a blanket prohibition against the parents even speaking to legislators. Number 678 MS. HORETSKI made further comments on the CS regarding penalties for violation of the records statute. She said that section 3 made it plain that there was a change in court rules. She said that it was acceptable to remove the word "records" from the title, and that most parents would not have the records, but would get from social workers or others the information contained in those records. CHAIRMAN PORTER said that often more than one person was included in the same record. REPRESENTATIVE PHILLIPS asked if the case was to occur again, and courts issued an order barring parents from talking to legislators, would the court be in violation of subsection (c), the penalty section. MS. HORETSKI said that the courts were absolutely immune. TAPE 93-50, SIDE A Number 000 MS. HORETSKI suggested an amendment on page 2, line 16 of the CS to change the word "records" in the title to the word "information." REPRESENTATIVE PHILLIPS MOVED the AMENDMENT. CHAIRMAN PORTER asked for objection to the amendment. He then asked the will of the committee. Number 019 REPRESENTATIVE JAMES asked whether the committee had the CS version as its working document. CHAIRMAN PORTER answered in the negative. REPRESENTATIVE JAMES then MOVED that the committee ADOPT the CS version of HB 214, as amended, as its working draft. CHAIRMAN PORTER, hearing no objection, declared that the committee had ADOPTED as its working draft the CS version of HB 214, dated April 2, 1993. REPRESENTATIVE GREEN MOVED an AMENDMENT to page 2, line 16 of CSHB 214 to change the word "records" in the title to the word "information." CHAIRMAN PORTER asked for objection and, hearing none, declared that the committee had before it CSHB 214, AS AMENDED. Number 045 REPRESENTATIVE JAMES MOVED PASSAGE of CSHB 214 AS AMENDED, with individual recommendations, unanimous consent and a zero fiscal note. CHAIRMAN PORTER asked for objections, and hearing none, declared CSHB 214 (JUD) MOVED from committee with individual recommendations and a zero fiscal note. ADJOURNMENT CHAIRMAN PORTER adjourned the meeting at 2:39 p.m.