SB 180-PARENT-GUARDIAN/CHILD: TEMP. POWER OF ATTY  2:28:11 PM CHAIR MCGUIRE announced the consideration of SB 180. 2:28:42 PM SENATOR CATHY GIESSEL, Alaska State Legislature, Juneau, Alaska, sponsor of SB 180, introduced the legislation speaking to the following sponsor statement: Senate Bill 180 seeks to establish an alternative route to placing a child into the foster care system. It allows parents to execute a power of attorney over their minor child for no more than one year to another person in order to prevent the child from needing to enter the foster care system. It allows parents or guardians, who are struggling, to seek help with unemployment, homelessness, addiction, etc. without the concern of losing their child(ren) or being held liable for abandonment, abuse or neglect of the child during the execution of the power of attorney. This bill allows a parent or guardian to execute a power of attorney for no more than one year for their child to another person. There are provisions in this bill that allow for military parents or guardians, as well as incarcerated parents to execute a power of attorney for their children. The parent or guardian maintains all their parental rights with the power of attorney. This bill does not require the person appointed as the attorney-in-fact to comply with the licensing requirements of a child care facility or foster care. I urge you to support this bill that will help keep families together, keep children safe and help prevent abuse and neglect. 2:31:41 PM ANNA MARIA BALCZAR, representing herself, Anchorage, Alaska, testified in support of SB 180. She shared her personal story of using Safe Families for Children when she needed to find someone to care for her children for 6-8 weeks after she had surgery. Her church and others directed her to this program and she was very happy with the outcome. 2:34:45 PM CHARITY CARMODY, Founder and President, Beacon Hill, Anchorage, Alaska, testified in support of SB 180. She said Beacon Hill recently launched Safe Families for Children Alaska, which is meant to keep kids out of foster care. They serve families that are not in situations of abuse or neglect, but rather situations like Ms. Balczar described. They recruit healthy families in the community and about 15 churches are recruiting people as well. They use the state background system, Juvenile Justice, Office of Children's Services (OCS) records, and do home studies to ensure that the host families are clear. A primary tenet is that host families receive no compensation. She described the bill as proactive to avoid potential future problems if regulations or leadership changes. She explained that they received a variance from OCS to operate Safe Families for Children in the state but it will need to be renewed annually. She said they would like to be exempt from licensure requirements as a child placement agency because they are just implementing the program and arranging parents to allow other parents to watch their kids. They would also like host families to be exempt from the licensure requirements for a foster family because this is not foster care. MS. CARMODY noted that they are working to tighten some of the language to avoid potential misuse, and ensure that only organizations like Beacon Hill, that are approved under the law, could be exempt from the child placement agency licensing. CHAIR MCGUIRE commented on the benefits of giving parents this type of help. 2:40:13 PM ANDREW BROWN, Senior Fellow for Child Welfare Reform, Foundation of Government Accountability, Austin, Texas, testified in support of SB 180. He stated that nearly 3,000 children are in foster care in Alaska and that number has been rising the last few years. Statistics show that a majority of children in the foster care system enter because of a temporary crisis. They really don't need to be in foster care but the parents have nowhere else to turn to get the immediate help they need. He related his personal experience that finally led him to the Safe Families for Children organization. The concept is neighbors helping neighbors during times of trouble. This organization has served over 20,000 children, 90 percent of whom returned home within an average of 45 days and never entered the child welfare system. He said this is an astounding statistic if you know anything about the foster care system. This is a program that gets involved early and allows families to heal and remain intact and whole. The reason for SB 180 is to provide certainty for the continued use of this tool, to give OCS another tool it can use, and to protect the rights of parents. He concluded that SB 180 inspires families to ask for help before things get out of control. 2:47:10 PM BENJAMIN HEMMILA, host family, Safe Families for Children, Anchorage, Alaska, testified in support of SB 180. He shared that he and his wife were able to help a family in need and it was a very positive experience. They are thrilled at the vision of this program. CHAIR MCGUIRE said she likes the idea that there is no compensation for doing this, because too often the motivation for providing foster care is financial. She asked if he agrees about the financial aspect and if he receives adequate support from churches, families, and neighbors to get needed supplies. MR. HEMMILA said he and his wife were overwhelmed by the support from the community and he believes that not having the financial incentive is key. 2:51:29 PM KARI NORE, Staff, Senator Cathy Giessel, Alaska State Legislature, provided the following sectional analysis on behalf of the sponsor: Section 1: Amends AS 13.26.020 (Delegation of powers by parent or guardian). This section removes the delegation of powers over minors from this section. This section now only applies to the delegation of powers over an incapacitate person by a parent or guardian. Section 2: Adds a new section under AS 13.26 This creates a new section (AS 13.26.023 Delegation of powers over minor child) for the delegation of powers over minors. Gives parents or guardians the authority to execute a power of attorney to delegate to another person one or more powers regarding the care, custody or property of the minor child. With the exception of the marriage or adoption of the child, performance of an abortion or the termination of parental rights to the minor child. Parent or guardians have the right to revoke the power of attorney at any time. The power of attorney for no more than one year, however a new power of attorney can be executed at the end of the one year period. Parents or guardians in the military may execute a power of attorney for greater than one year if the parent is on active duty, the power of attorney is then equal to the length of the active duty plus 30 days. No compensation will be given for the duration of the power of attorney. The form for a parent or guardian appointing an attorney-in-fact for their child is provided in this section. Designation of a power of attorney does not terminate parental rights or obligations of the parent or guardian to the minor child, however it does not constitute abandonment, abuse or neglect, unless the parent fails to retake custody after the power of attorney expires and fails to execute a new one. Under a power of attorney a child is not considered in foster care and the attorney in fact is not considered to be providing foster care and does not need to be licensed as a child care facility or foster care (AS 47.32). The power of attorney also does not constitute as an out- of-home placement under AS 47.10. Definitions are provided at the end of this section. Section 3: Amends AS 25.23.060(c) (Execution of consent; consent as power of attorney) This section amends AS 25.23.060(c) to insert references to the new section added in AS 13.26 which was created in Section 2 of this bill. Section 4: Amends AS 47.10.086(a) (Reasonable efforts) This section allows the department to distribute information to the parent or guardian of a child in need of aid about community based family support services including the use of a power of attorney to select an individual to care for the child temporarily. 2:52:58 PM Responding to questions, Ms. Nore said the three exceptions to delegating the power regarding the care, custody, or property of the minor start on page 2, line 4. Also, there is no limitation on the number of new powers of attorney that can be executed following expiration. She noted that the form for a parent or guardian to appoint an attorney-in-fact is provided on page 3 - page 5. CHAIR MCGUIRE said the form includes the exceptions on page 2, lines 4-7, and she assumes that nothing in the document would supersede the rights that minor children have to judicial bypass laws. She noted that this is relevant to the issue of abortion. SENATOR COGHILL voiced support for getting answers. CHAIR MCGUIRE said she wants clarification that in those individual cases, the right of the child to go before a court still exists as if it were their parent stepping in their shoes. MS. NORE agreed to check with Legislative Legal to clarify that this doesn't take more rights away from a minor. SENATOR GIESSEL pointed out that the language in the consent form on page 3, line 17, speaks to that. 2:56:53 PM SENATOR COSTELLO asked if one parent could undermine the rights of the other parent with regard to the power of attorney. She noted there is another power of attorney bill in the committee and she wants assurance there won't be unintended consequences. 2:57:33 PM CHAIR MCGUIRE clarified that the other bill is HB 8 sponsored by Representative Shelly Hughes. She suggested the two teams have a conversation before the next hearing. 2:58:15 PM SENATOR WIELECHOWSKI posed the following questions: 1) can this be done now; 2) is there an ability to sue if there are medical or dental costs; 3) could a 15 year old stay with a 17 or 18 year old; 4) does the PFD go to the biological parents or host parents. SENATOR GIESSEL said she appreciates the questions and believes Ms. Carmody could answer them, but the committee is out of time today. 2:59:50 PM CHAIR MCGUIRE held SB 180 in committee.