SB 112-ADOPTION OF CHILD IN STATE CUSTODY  2:13:17 PM VICE CHAIR COGHILL announced the consideration of SB 112. He noted this is the second hearing and there is a new committee substitute (CS). SENATOR COSTELLO moved to adopt the work draft CS for SB 112, labeled 29-GS1262\I, as the working document. VICE CHAIR COGHILL objected for discussion purposes. 2:14:01 PM At ease 2:14:19 PM VICE CHAIR COGHILL listed the individuals available to answer questions and asked Ms. Lawton to describe the changes in version I. CHRISTY LAWTON, Director, Office of Children's Service, Department of Health and Social Services (DHSS), presented information on SB 112. She noted the only difference between versions P and I are the words "interested in immediate permanent placement" added on page 8, lines 3 and [8] of version I. This language would mirror language in other sections of the bill. SENATOR COSTELLO asked whether "family friend" is in the bill. MS. LAWTON clarified that she meant to say "family member." She continued to explain that the bill achieves several things. It brings the concept of one judge/one family for all legal proceedings that might occur for a child into Child in Need of Aid (CINA) matters. This will create efficiencies, save money, and expedite the process of children going into, or leaving, foster care. The bill also provides a vehicle to ensure provisions under the 1978 Indian Child Welfare Act (ICWA) that specify adoption placement preferences for American Indian and Alaska Native Children are preserved. She related that a U.S. Supreme Court case last year made a decision that did not consider adoption preferences under ICWA. She stated that DHSS wanted to preserve what is intended under ICWA. The proxy in SB 112 is intended to do that. She concluded that the bill benefits all Alaskans and complies with federal law. VICE CHAIR COGHILL withdrew his objection and version I was before the committee. He opened public testimony. 2:20:12 PM MELANIE BAHNKE, President, Kawerak, Inc., testified in support of SB 112. She related three reasons Kawerak supports the bill. It does away with adoption barriers for Alaska Native families by defining a proxy in lieu of a formal petition for adoption. It ties adoption proceedings with the underlying CINA proceedings, which will save the state resources and money. It also furthers the state's compliance with ICWA. 2:22:20 PM NICOLE BORROMEO, General Counsel, Alaska Federation of Natives (AFN), testified in support of SB 112. She echoed comments of the previous two speakers. She noted that AFN has been working hard with the department on this issue. SENATOR COSTELLO thanked Ms. Borromeo for calling in. SENATOR WIELECHOWSKI asked about Section 2 regarding what happens if a party objects to the venue where the proceedings take place. MS. LAWTON replied the intention is to get the parties to agree. If someone objects, the hearing would stay within the CINA proceeding. She did not expect many objections. SENATOR WIELECHOWSKI asked what happens if there is an out-of- state petitioner. 2:25:36 PM KATHERINE LYBRAND, Assistant Attorney General, Child Protection Services, Civil Division, Department of Law, presented information on SB 112. She explained that the bill does not consider out-of-state petitioners. Those individuals would have to go through the interstate compact for placement of children process. SENATOR WIELECHOWSKI asked if tribal courts could preside over guardianship or adoption proceedings. MS. LYBRAND responded that the bill will not affect tribal jurisdiction proceedings. She provided an example. SENATOR WIELECHOWSKI noted U.S. Supreme Court cases regarding this issue and inquired whether Alaska recognizes tribal court decisions. MS. LYBRAND clarified that SB 112 does not seek to modify tribal jurisdiction. SENATOR WIELECHOWSKI asked what happens when one parent wants to go through a tribal court and the other does not. 2:27:40 PM MS. LAWTON explained that in Alaska there are three tribes that have exclusive jurisdiction over CINA proceedings. The state holds concurrent jurisdiction over all other tribes. When there is a family member who is not happy with the state's jurisdiction, the courts and tribal courts try to solve the disagreement. VICE CHAIR COGHILL said it is an area of growing law. This bill allows for collaborating at the highest level possible. 2:28:37 PM ELIZABETH MEDICINECROW, President & CEO, First Alaskans Institute, testified in support of SB 112. She said that First Alaskans Institute is a statewide non-profit organization. She stressed that every child, in their eyes, is a leader. She described some of the Institute's programs and the importance of children's connection to their communities, families, and cultures. She thanked the committee for its work. 2:30:17 PM VICE CHAIR COGHILL agreed that every child is a leader. He withdrew his objection. 2:30:52 PM SENATOR COSTELLO moved to report the CS for SB 112(JUD), version 29-GS1262\I, from committee with individual recommendations and attached zero fiscal notes. VICE CHAIR COGHILL announced that without objection, CSSB 112(JUD) is reported from the Senate Judiciary Standing Committee.