HB 259-PUBLIC DEFENDER CHILDREN'S PROCEEDINGS REPRESENTATIVE JOHN COGHILL, sponsor of HB 259, stated that under Alaska statute AS 47.10.142 there is a mandated 48 hour hearing. At this point, under current law, people do not qualify for assistance from a public defender until indigence is determined. This bill was introduced because once there is a determination a child needs aid, people need to know what is going on in the court room. SB 259 is an attempt to get counsel for people and apprise the family of what the value of the court hearing is. SB 259 states that if there is a determination the parent or guardian can pay, the court will assess them then. It is a matter of due process, making sure people have good representation or, at least, an understanding of what is happening in the courtroom. SENATOR TORGERSON asked how there can be zero impact with the Public Defender Agency representing children before they go through the formal process. Senator Torgerson commented it appears the bill was amended to take out this concern. Number 330 REPRESENTATIVE COGHILL agreed, and said a "may" provision was added to give them some latitude. He read testimony that was given by the Public Defender Agency in the House State Affairs Committee, "however in predicting the lack of any fiscal impact we are making the following assumptions: First, we assume the bill will be amended so we do not represent non-indigent people." Because of this, a provision was added: Continued representation of the person by the Public Defender Agency after the hearing is held under AS 47.10.142(d) is contingent on satisfaction of the eligibility requirements (a) - (d) of this section, and it further states, If a person who was represented by the Public Defender Agency at public expense without a court order in connection with a hearing held under AS 47.10.142(d) is not determined to be eligible for court-appointed counsel at public expense under applicable laws and court rules, the court shall assess against the represented person the cost to the Public Defender Agency of providing the representation. REPRESENTATIVE COGHILL said that if there is an indigent determination people will be able to continue on, and if there is proof they are not indigent the court can assess costs back to the parent or guardian. This bill simply allows the public defender to get involved in a case earlier than normal. Number 526 MR. BLAIR MCCUNE, Deputy Director for the Public Defender Agency (PD), responded the PD has done a lot of work with Representative Coghill in making sure this legislation will not impact them. Mr. McCune has gone through the fiscal note and set out some of the assumptions that will show no additional cost for the PD. Number 581 SENATOR TORGERSON wondered if the bill is setting up procedure, even though the word "may" is used, that any time there is an emergency the PD will be called. MR. MCCUNE responded the PD will only be involved if there is an actual court proceeding. SENATOR TORGERSON asked if the PD will be responding to every case before a determination is made as to whether or not the parents have the means to pay for the proceeding. MR. MCCUNE commented that the PD has limited responses and an immediate response cannot be made in every case. The "may be represented" gives them some leeway in delaying if there are no lawyers available. SENATOR TORGERSON said the PD's office will probably be back next year asking for a supplemental because the case load has gone up. He sees no fiscal restraint on the bill. There is no determination as to whether or not the PD should be involved in every case as long as it meets the criteria of emergency removal. Senator Torgerson responded he will not be supporting the bill because it leaves a wide open fiscal note. Number 779 MR. MCCUNE noted that eventually the PD is appointed in the majority of these cases, and it is felt that early involvement will allow them to do a better job for the client and enable the system respond better. Number 818 CHAIRMAN TAYLOR asked if problems in past cases could have been avoided with earlier involvement from the PD, and is there in fact a cost savings to the department from early intervention. MR. MCCUNE responded that the actions in the early stages of a case are to take an intake call, get a general idea of what is happening, ask the secretary on the court run to pick up a copy of the petition so they can make sure they know what the parent is saying is accurate, then they can refer them for substance abuse assessments. This is not a lot of work but it is work the PD will eventually do, and he feels comfortable assuring the committee there will be no fiscal impact. SENATOR HALFORD moved CSHB 259(FIN) out of committee with individual recommendations. There being no objection, the motion carried.