HB 387 JUVENILE CODE REVISION  REPRESENTATIVE PETE KELLY, sponsor of HB 387, explained HB 387 creates a structural change that separates in statute the program for children in need of aid and delinquent juveniles. It includes policy language allowing the state to consider sanctions for delinquent behavior, and gives judges more direction in how to deal with juveniles in sentencing. The bill also includes a provision for truancy, and gives the responsibility for enforcing truancy to the school districts themselves. It establishes in Title 38 the ability of municipalities to impose a curfew which are currently imposed under general police powers. Chapter 10 deals with children in need of aid, Chapter 12 deals with delinquent children, and Chapter 14 gives DHSS purview over both of those programs. Number 039 CHAIRMAN TAYLOR asked if separating the programs will solve the problems of disclosure in regard to federal funding under Title 8, should the legislature decide to pass legislation in the future pertaining to the release of the names of juvenile offenders. REPRESENTATIVE KELLY responded HB 387 begins that process by separating the programs. This structure will allow the legislature to avoid some of the pitfalls of losing federal funds. CHAIRMAN TAYLOR questioned the permanency board provision. REPRESENTATIVE KELLY noted that board has been in statute for a number of years, but was funded for the first time last year. TAPE 96-37, SIDE A Number 000 CHAIRMAN TAYLOR asked if the Duties of Local Panel section (page 55) is existing law. REPRESENTATIVE KELLY answered in Chapter 14, which is one of the new chapters, that is existing code. He added almost the entire bill is existing code. CHAIRMAN TAYLOR questioned why, in reviewing three pages of the bill, he could not find any changes in the language. REPRESENTATIVE KELLY explained it is not underlined or bracketed because existing language was pulled out of Chapter 10 and written in new Chapters 12 and 14. CHAIRMAN TAYLOR asked if the definition was amended to take a portion of the juvenile offenses out of the jurisdiction of DHSS and place those within the Court System. REPRESENTATIVE KELLY replied that subject is addressed in HB 474. Number 056 REPRESENTATIVE MILLER noted his concern with Section 3, regarding truancy, because other states have used truancy laws to crackdown on homeschooling. He offered to work with Representative Kelly to draft an amendment to ensure that truancy laws cannot be used against people who homeschool. REPRESENTATIVE KELLY indicated existing code is a cumbersome methodology for the school districts to deal with truancy. BRUCE CAMPBELL, legislative aide to Representative Kelly, commented a prior version of the bill allowed private school administrators to establish their own truancy rules. REPRESENTATIVE MILLER pointed out a home school is not defined in statute as a private school. The vast majority of homeschoolers are not affiliated with the school district. He repeated he wants to ensure that a school district cannot adopt procedures to crackdown on homeschoolers under HB 387. REPRESENTATIVE KELLY asked Representative Miller his opinion of the language in the original bill. REPRESENTATIVE MILLER contended the original language required the truant student to go before a governing body to validate the absence. He expressed concern with giving governing bodies the ability to establish procedures. CHAIRMAN TAYLOR added there is a major problem with truancy in public schools that is not being addressed, but at the same time society has the right to know whether there is integrity and quality to the homeschool process. He thought there should at least be some measurable standards every three years, such as a competency exam, that the child submits to. He acknowledged many homeschooled children excel academically. REPRESENTATIVE KELLY thought there was an affirmative defense provision addressing this issue in the code book. CHAIRMAN TAYLOR announced the bill would be brought up on Monday.