HB 408-DEFINITION OF CHILD ABUSE AND NEGLECT  10:07:28 AM CHAIR RALPH SEEKINS announced CSHB 408(FIN) AM to be up for consideration. RYNNIEVA MOSS, Staff to Representative John Coghill, and TAMMY SANDOVAL, Deputy Commissioner, Office of Children's Services, introduced themselves for the record. CHAIR SEEKINS moved Amendment 1. Page 6, line 10, after the words "healing arts" insert ", as defined in AS 47.17.290(13). Hearing no objections, the committee adopted Amendment 1. CHAIR SEEKINS moved Amendment 2. 24-GH2021\L.1 Mischel A M E N D M E N T 2 OFFERED IN THE SENATE TO: SCS CSHB 408( ), Draft Version "L" Page 5, lines 3 - 18: Delete all material and insert:  "* Sec. 6. AS 47.10.093(j) is repealed and reenacted to read: (j) The department may publicly disclose information pertaining to a child or an alleged perpetrator named in a report of harm described under (i) of this section, or pertaining to a household member of the child or the alleged perpetrator, if the information relates to a determination, if any, made by the department regarding the nature and validity of a report of harm under AS 47.17 or to the department's activities arising from the department's investigation of the report. The commissioner or the commissioner's designee (1) shall withhold disclosure of the child's name, picture, or other information that would readily lead to the identification of the child if the department determines that the disclosure would be contrary to the best interests of the child, the child's siblings, or other children in the child's household; or (2) after consultation with a prosecuting attorney, shall withhold disclosure of information that would reasonably be expected to interfere with a criminal investigation or proceeding or a criminal defendant's right to a fair trial in a criminal proceeding." 10:09:13 AM SENATOR GRETCHEN GUESS objected for the opportunity to read Amendment 2. CHAIR SEEKINS announced a brief recess at 10:09:35 AM. 10:11:02 AM SENATOR HOLLIS FRENCH questioned the witness regarding the instances under which the Department of Health and Social Services (DHSS) could make a public disclosure. MS. SANDOVAL said in a nutshell they have the occasion to respond to the media with regard to fatality or near fatality. They realized that HB 53 was only about that particular incident. There have been requests for information about what DHSS had been doing with the family and the law would not allow them to disclose that information but part of the story would already be in the media. The amendment would allow the Department to disclose information with regard to what they have done in serious circumstances. CHAIR SEEKINS clarified that it would only allow them to disclose information for instances such as near fatalities or fatalities. MS. SANDOVAL said correct. MS. MOSS added that the amendment would allow DHSS to go back to past reports of harm and disclose other information as well. SENATOR FRENCH noted that it was a balancing act to do the disclosures so as to let the public know they are doing their job while not revealing whom the family is. 10:14:02 AM MS. SANDOVAL said that is something that they have to consider. The assessment of the family involves concern for the children and their safety. The Department would only share information as to the reason they made certain determinations. SENATOR FRENCH stated that it allows the Department to defend itself against charges of inaction and negligence. MS. SANDOVAL agreed. SENATOR FRENCH asked whether healthcare practitioners have reviewed the bill. MS. MOSS said she has worked closely with the Public Defender's Office and with the Office of Public Advocacy. SENATOR GUESS withdrew her objection and the committee adopted Amendment 2. SENATOR GUESS moved to report SCS CSHB 408(JUD) from committee with individual recommendations and attached fiscal notes. Hearing no objections, the motion carried. CHAIR SEEKINS moved to adopt the State Concurrent Resolution on the title change. Hearing no objections, the motion carried.