CSHB 50(JUD) -CHILD PLACEMENT COMPACT  CHAIR FRENCH announced the consideration of HB 50. [Before the committee was CSHB 50(JUD).] 9:42:56 AM RYNNIEVA MOSS, Staff to Representative John Coghill, sponsor of HB 50, explained that the sponsor became interested in the issue of interstate child placement after he learned about the delays in placing children with relatives living outside the state. The delays result in children being placed in foster homes for up to a year. The existing interstate compact for the placement children (ICPC) was created in 1959, and Alaska adopted it in 1976. This 40-year-old statute doesn't reflect modern technology, doesn't have accountability, and doesn't work. 9:44:35 AM MS. MOSS relayed that when the sponsor read: "The compact and its rules shall supersede state law, rules or regulations to the extent of any conflict therewith" he decided to carry the bill through to ensure that changes are made to sustain state sovereignty. As currently written the bill eliminates that language. It has provisions to place a child with relatives after a basic assessment with a full home study to follow thereafter. MS. MOSS said the sponsor feels that the bill places accountability appropriately and, contrary to the fiscal note, believes that it will save money. It takes the state out of the act of supervising placement where is shouldn't. "This language has been worked on for several years, Representative Coghill has been supervising his part for a year, and we feel the way the language is now, it's a good bill and it's going to mean that children are being placed with relatives and friends versus the homes of strangers," she said. 9:47:06 AM MARSHA PICKERING, Social Services Program Director, Office of Children's Services, Department of Health and Social Services (DHSS), said she is the deputy compact administrator. She explained that the new compact will provide uniformity and accountability to the processes. The old ICPC does not have any accountability or enforcement of reciprocity to ensure that each state is not charged for the services provided by another state. Most importantly, the new compact will ensure safe and timely placements so that home studies can be done within 60 days instead of up to a year. She highlighted that the new ICPC has been endorsed by the executive committees of the National Council of State Human Services, the National Association of Public Child Welfare Administrators, the National Association of Administrators of ICPC, and the American Academy of Adoption Attorneys. MS. PICKERING continued to explain that the executive committee of the administrators of the ICPC negotiated with the American Academy of Adoption Attorneys to revise the flawed first draft of the new compact. As currently written the new ICPC provides for administrative rulemaking and accountability, supervision services and accountability as well as the opportunity to purchase home studies from private agencies in the event that a state is slow in providing the service. It also provides two types of placement evaluations, one is the home study and the second is an assessment. The latter is an abbreviated version so the child gets to grandma's house in less time. An advisory committee made up of the executive branch, judiciary branch, and the legislative branch will provide oversight and advice to her office and its equivalent in other states. 9:52:24 AM SENATOR THERRIAULT noted that the fiscal note says that even if this is placed in statute it won't become effective until 34 other states also adopt the compact. MS. PICKERING said that's correct. She expects it will take about two years to get 35 states signed on and another year for the new ICPC to develop rules and regulations for doing business. CHAIR FRENCH observed that you have to have a critical mass of participants in order to have a true interstate compact. SENATOR WIELECHOWSKI asked how many children this will impact in the average year. MS. PICKERING replied that on any given day she has about 380 open home study or placement requests, but she doesn't have data on the number of children her office affects during the year. CHAIR FRENCH asked if one central group is behind this idea. MS. PICKERING said the American Public Human Services Association took the lead and put together a drafting and development team comprised of several stakeholders, attorneys, judges, and state child-welfare directors. Several different work-groups provided recommendations. CHAIR FRENCH asked if this has been circulated within the Alaska legal community, specifically the family law section of the bar association. MS. PICKERING said she isn't sure. MS. MOSS said she, too, isn't sure, but family law and adoption lawyers have been involved in amending the original bill. 9:55:28 AM CHAIR FRENCH asked how much variance each state has when enacting the compact. MS. PICKERING replied the state can add statutes to enforce the way it does business, but each state has to enact the body of the compact verbatim, otherwise it isn't a compact. MS. MOSS added that some sections of the bill dealing with court rules to implement the other provisions are amendable. SENATOR HUGGINS asked the cost of a home study versus a home assessment and the value of one compared to the other. MS. PICKERING estimated that referring a home study request to a contractor costs between $800 and $1,200. Those take from 4-6 months because the criminal background fingerprint checks take a long time. Under the new compact, the child can be placed while awaiting the results of the criminal fingerprint check, if good state background checks are available. SENATOR HUGGINS commented that his life experience says that 90 percent on time is better than 100 percent late, and this appeals to that sentiment and it works. "You have my support," he said. 9:57:52 AM SENATOR McGUIRE asked if this draft was circulated to the court appointed special advocates for abused children and the family law bar. MS. PICKERING explained that the Alaska OCS workgroup had representatives from the American Academy of Adoption Attorneys and several other areas at the table. Each member of the workgroup was urged bring recommendations and concerns from the group they represented. "So we can hope that it made the rounds, but I'm not exactly sure," she said. SENATOR McGUIRE asked if there is a record of the recommendations and concerns and were they incorporated or not. MS. MOSS replied she doesn't know how many responded to the inquiries that OCS made, but she knows that legislative offices were contacted and that's how she came to attend the meetings. "I think there was plenty of public notice for participation, but Marsha would probably have any documents that involve public comment," she added. SENATOR McGUIRE asked if the compact makes specific and substantive changes to Alaska law. For example, some states, like Alaska, have chosen to have open adoptions and some have chosen to have closed adoptions. In the past she's looked at a hybrid because a lot of kids aren't placed because of that policy. MS. MOSS deferred to Ms. Rutherdale. JAN RUTHERDALE, Assistant Attorney General, Civil Division, Child Protective Section, Department of Law, said the compact makes no substantive changes to Alaska law. 10:02:11 AM CHAIR FRENCH pointed out that the bill next has to pass the finance committee hurtle. He added that he takes some solace in the fact that the compact has to be authorized by 35 states before becoming law. Finding no one who wanted to testify on behalf of HB 50, he closed public testimony. SENATOR McGUIRE motioned to report CSHB 50 and attached fiscal note(s) from committee with individual recommendations. 10:03:20 AM CHAIR FRENCH announced that without objection, CSHB 50(JUD) is moved from the Senate Judiciary Committee.