CS FOR SENATE BILL NO. 45(HES): An Act relating to persons under 21 years of age; providing for designation of shelters for runaway minors; relating to the detention and incarceration of minors; and providing for an effective date. CO-CHAIR DRUE PEARCE announced that CSSB 45(FIN) work draft "K" was before the committee. SENATOR GEORGE JACKO MOVED for adoption of the "K" version of CSSB 45(FIN) work draft. Hearing no objections, IT WAS SO ORDERED. JERRY BURNETT, staff to Senator Phillips, sponsor of SB 45, spoke to the CSSB 45(FIN) work draft "K". He said that the amendment adopted at the last Senate Finance meeting had been incorporated into this work draft. In Section 14, changes were made giving a police officer discretion in deciding whether a minor should be given a choice of going home or entering a runaway home or program. End SFC-93 #56, Side 1 Begin SFC-93 #58, Side 1 SHERRIE GOLL, Alaska Women's Lobby & KIDPAC, spoke to CSSB 45(FIN). She said that the bill seeks to address the growing, serious problem of homeless youth in many communities of the state. She spoke in support of the system of safe homes this bill would create. However, she said that she had serious concerns with Sections 3 through 8 which pertain to the emancipation of a minor, and said these sections carried a serious policy change for the state. She explained that in these sections, parents may emancipate their child at 16 years of age, basically divorcing them when they become a teenager. She explained that this can be done without the consent of the minor and is a serious change in Alaska statute and spoke in opposition to it. Ms. Goll felt that the a non-custodial parent should be contacted and that option should be included in the legislation. CO-CHAIR STEVE FRANK asked Senator Phillips to speak to Sections 3 through 8. SENATOR RANDY PHILLIPS said he recognized that CSSB 45(FIN) was not perfect but was an intent to address a problem, and try to balance the rights of the parent and child in difficult situations. Co-chair Pearce said that she shared Ms. Goll's concern. She said she understood that the judge would continue to go through the same procedure even if this legislation should pass and that the minor would not be emancipated without being included in the procedure. The judge would decide if it was in the best interests of all parties involved. What this bill did was add the ability of a parent to petition for emancipation of a minor child. Co-chair Frank said that his understanding was that the Office of Public Advocacy would continue to represent children's interests before the court. He asked if the Office of Public Advocacy would represent the minor in these situations. Senator Phillips said that he did not know but felt that they would do that. DONNA SCHULTZ, Associate Coordinator, Division of Family and Youth Services, Department of Health & Social Services, said she felt that a minor would have a right to an attorney. Ms. Goll said that Section 7, which is part of the current statutes, does say that the court may appoint an attorney or a guardian. She said that in earlier legislation the Office of Public Advocacy would not have been able to represent minors. She was opposed to such legislation since minors would be even more in need of representation. She wanted to point out that during the children's caucus meeting, the Tough Love organization had given a presentation. It seemed that even in their description of a case with a difficult minor, this organization was committed to keeping the family together and would not want to exacerbate the problem of homeless youth. SENATOR JAY KERTTULA said he understood that the Office of Public Advocacy could handle a whole range of problems. He would not want the organization to be removed. He said that he might offer a letter of intent to this effect on the floor. Co-chair Frank MOVED a conceptional amendment to say that "in granting the emancipation, the court shall first consider the non-custodial parent's willingness and ability to assume custody." No objections being heard, the amendment was ADOPTED. Co-chair Frank MOVED for passage of CSSB 45(FIN) as amended from committee with individual recommendations. No objections being heard, CSSB 45(FIN) was REPORTED OUT of committee with a "do pass," and with three zero fiscal notes for the Department of Law, Department of Public Safety, and Department of Labor, and fiscal notes for the Department of Health & Social Services for $74.0, and for the Alaska Court System for $20.1. Co-chairs Frank and Pearce, Senators Kelly, Jacko, Rieger, and Sharp voted "do pass." Senator Kerttula voted "no recommendation."