CSHB 354(JUD)-CHILD IN NEED OF AID/ADOPTIONS  CHAIR FRENCH announced the consideration of HB 354. [Before the committee was CSHB 354(JUD).] 3:08:57 PM RYNNIEVA MOSS, Staff to Representative John Coghill, sponsor of HB 354, explained that as currently drafted the bill: 1) clarifies in statute best practices of the Office of Children's Services (OCS), 2) fixes contradictory language that resulted in 18-year-olds being adopted, and 3) incorporates HB 377. Initially the Department of Health and Social Services (DHSS) approached the sponsor because of uncertainty in the language dealing with the department subsidizing hard-to-place children. As currently written the statute could be interpreted to mean that even if a child did not have a special need at the time, DHSS would have to provide a subsidy. Under HB 354 the decision is turned over to the department and it can adopt regulations to clarify when a hard to place child can receive a subsidy. This makes the decision more fair and equitable to everyone. CHAIR FRENCH asked what the subsidy is, who pays for it, and how much it is. MS. MOSS first explained that fetal alcohol syndrome (FAS) is an example of how it came about that you would have a hard to place child subsidy when you didn't know that the child was hard to place. An infant at birth might show no sign of problems, but when the child is 2 or 3 years old signs of fetal alcohol syndrome (FAS) or other issues becomes apparent. Sometimes the issues continue through childhood and into adulthood. This would allow DHSS to initiate a subsidy at that time to pay for medical costs and assistance to foster parents to care for the child, not to exceed the current rates for foster care. The state could also subsidize an adoption through Medicaid coverage and a subsidy that would not exceed the foster care subsidy limit. The upper limit of the subsidy is the amount that foster parents are paid to take in foster children, and she believes that's in the neighborhood of $850 a month. 3:12:28 PM MS. MOSS continued to say that Section 4 clarifies that a public official or employee who discloses confidential information about a child that is in OCS custody could be convicted of a misdemeanor. Sections 3 and 4 clarify in statute that OCS can change a child custody support order by administrative action rather than having to go to court. OCS currently does this, so this simply brings the statute and regulation into alignment, she said. CHAIR FRENCH said he's trying to understand the thinking on that. MS. MOSS explained that child support enforcement already has the authority to change support orders through administrative review, but the state statutes don't clarify that this applies to OCS as well. 3:14:36 PM MS. MOSS relayed that two issues came up subsequent to DHSS coming to the sponsor. The first relates a conflict in state statute regarding notification of absent parents. This clarifies in statute that a person who is 18 years of age and wants to be adopted is treated as an adult. There is no requirement to seek notification of the absent parents. Finally, this bill incorporates HB 377, which clearly says that the state is civilly liable for the action of its employees who are on duty and make decisions that result in the injury or death of a child in state custody. 3:16:22 PM SUSAN COX, Assistant Attorney General, Department of Law (DOL), reported that she is here to speak to Section 6. DOL helped redraft that section to incorporate HB 377. It was done with Representative Gara's permission and agreement. The existing AS 47.10.960 is unchanged; it becomes subsection (a) and states that the statutes in Title 47 cannot form the basis for a civil action against the state. Subsection (b) clarifies that a common law action or wrongful death case would not be prohibited. CHAIR FRENCH asked if that was done with the full support from the bill sponsor and Ms. Cox said yes. CHAIR FRENCH found no one who wished to testify on behalf of HB 354, and closed public testimony. He asked for discussion or a motion. 3:18:35 PM SENATOR HUGGINS motioned to report CSHB 354, Version M, from committee with individual recommendations and attached fiscal note(s). CHAIR FRENCH announced that without objection CSHB 354(JUD) is moved from committee.