SB 82-FOSTER CARE LICENSING/STATE CUSTODY  1:56:52 PM CHAIR DAVIS announced the next order of business would be SB 82. [SSSB 82 was before the committee.] She asked for a motion to adopt the proposed committee substitute (CS). SENATOR EGAN moved to adopt the proposed CS for SSSB 82, labeled 27-LS0500/I, as the working document. CHAIR DAVIS objected for discussion purposes. CELESTE HODGE, staff to Senator Bettye Davis, introduced SB 82 for Senator Davis, the sponsor. This bill seeks to achieve permanency for older children in foster care by making small but very significant changes that better prioritize the needs of foster children. Permanency for children in the custody of Office of Children's Services (OCS) is best achieved through reunification with the child's parent, or failing that option through adoption or guardianship. If these three options are not available, an alternate form of permanency is through another planned permanent living arrangement (APPLA). This bill seeks to insure the APPLA option is not used unnecessarily, by providing guidelines for OCS and the court as to when APPLA should be used. Although OCS attempts to keep siblings together when they enter foster care, this bill creates a statutory presumption that siblings be placed in the same home when possible; when such a placement is not possible, the bill requires an OCS supervisor to document in the file the efforts made and the reason for separation. SB 82 also requires extra steps before releasing a child from custody. The child must be given ample notice, and OCS must show that release from custody is in the child's best interest. The bill also allows a variance to be granted for licensing of foster homes. If a potential foster home cannot meet the building code requirements to be a licensed foster home, this bill allows a variance to be granted if the home is consistent with the construction of other homes in the community, and is otherwise a safe environment for the child. SB 82 requires that paperwork mandated for foster parent licensing be streamlined as much as possible. 2:00:19 PM SENATOR MEYER asked for an explanation of the changes between the different versions. CHAIR DAVIS responded her office asked for a new CS but didn't receive it until about one hour ago. The Department of Law had some concerns with the prior version, but has approved this version. REPRESENTATIVE LES GARA, sponsor of HB 33, a companion bill in the House, said he would explain the changes from the original bill. He wanted to make sure that if there was an appropriate rural placement in the child's home community, the child would be allowed to stay there. If it is the most preferable placement and is otherwise safe, this bill clarifies that OCS can a grant a variance from its building code rules for foster homes, to the extent allowed by federal law. There is also a technical change to make sure the guardian ad litem and the child know that foster care is about to end; this requires 30 days' notice before a court hearing ending foster care. 2:04:52 PM SENATOR MEYER asked about the reading program. REPRESENTATIVE GARA responded a provision in the original bill required OCS to accept volunteer free books from the Imagination Library. OCS is making progress on this issue, so they took out the provision requiring it. SENATOR DYSON said he appreciates the bill, and asked if most of the changes are things that OCS has been trying to do. REPRESENTATIVE GARA replied that was correct. Sometimes policy doesn't make it down to the social workers, or the director changes and policy changes. That is why they want these provisions in statute. SENATOR DYSON asked is the general policy reflected in OCS regulations and manuals. REPRESENTATIVE GARA responded a lot of policies are not in the written guidelines. For example, under APPLA there is no attempt to find the child a permanent home. The OCS director recently said the division has been using APPLA too much. They are trying to get social workers to use it less frequently. SENATOR MEYER asked if the bill substitutes "child" for "minor." REPRESENTATIVE GARA answered last year legislation was passed allowing foster care to be extended to age 21 from age 20. Legislative Legal Services said that bill should have used 21 instead of 20 in places, and changed from "minor" to "child." These are technical changes. SENATOR MEYER asked if a person is still a minor at age 21. REPRESENTATIVE GARA replied that mistake should have been caught. At 19 a person is no longer a minor, and now that foster care can be extended to age 21, that person is not a minor, but does fit within the definition of a child. 2:10:50 PM AMANDA METIVIE, Statewide Coordinator, Facing Foster Care in Alaska, testified in support of SB 82. She said that APPLA allows young people to age out of foster care; a youth could be in state custody at 16 or 17 and living in a shelter, not even necessarily in a foster home. Many of them end up homeless or incarcerated, and many are on public assistance. Youth aging out of the system need more help than they have been receiving. People are being released from custody at age 18 without notice. Also, the sibling provision would allow siblings to remain together. TRACY SPARTZCAMBELL, Deputy Director, Office of Children's Services (OCS), Department of Health and Social Services (DHSS), said they have worked with Representative Gara on technical changes to the bill and have no issues with the CS changes. JAN RUTHERDALE, Assistant Attorney General, Child Protection Section, Department of Law, said there are no legal problems with the bill. CHAIR DAVIS said the committee would bring the bill back on Wednesday in order to allow more time for review. 2:14:23 PM SENATOR DYSON said he is assuming the bill addresses OCS intentions and current policy. MS. SPARTZCAMBELL answered yes. SENATOR DYSON asked if the changes were contained in regulations and manuals. MS. SPARTZCAMBELL said they are outlined in the OCS policy and procedure manual. 2:15:09 PM SENATOR DYSON said he always worries that a law might narrow things down too much, but he doesn't see that in this bill. MS. RUTHERDALE said as a practical matter the notice provision could be shortened; the court can weigh evidence if everyone is in agreement. It is difficult to craft legislation for every possible variance, but the intent is to give the child notice. The bill also makes clear that APPLA deals with older children. One possible change would be to say APPLA may be considered only for a child age 16 or older. 2:17:40 PM SENATOR DYSON said he would recommend a change allowing the flexibility to give less than 60 days' notice, in the case where a child wants to be released from custody, and asked if foster parents are included in the notice. MS. RUTHERDALE replied they are already required by statute to be notified. She also noted DOL decided "child" was a better word than "minor." A child can be in the system past age 18 and they are not a minor, but still a child. To remain in the system after age 19 they must consent. 2:20:17 PM CHAIR DAVIS held SB 82 in committee.