SB 122-OCS CITIZEN REVIEW PANEL  1:33:13 PM CHAIR COGHILL announced the consideration of SB 122. Speaking as the sponsor, he stated that the bill transfers the Citizens Review Panel from the Office of Children's Services (OCS) to the Office of the Ombudsman. RYNNIEVA MOSS, Staff, Senator Coghill, Alaska State Legislature, Juneau, Alaska, introduced SB 122 on behalf of the sponsor. She explained that federal law mandates that all states establish a Citizens Review Panel to oversee the operation of child protective services and make recommendations on ways to improve the process. In 2005, the legislature solidified its support for the Citizens Review Panel in statute and provided funding. The bill proposes to transfer oversight of the Citizens Review Panel from the Office of Children's Services (OCS), which delivers child protective services, to the Office of the Ombudsman. The role of the ombudsman is to ensure that state government is serving Alaskans as efficiently, effectively, and equitably as possible. They do this through case specific investigations. The role of the Citizens Review Panel is to ensure that the Office of Children's Services is serving Alaska's families as efficiently, effectively and equitably as possible. They do this through outreach, evaluation, and advocacy. The mission of the Office of the Ombudsman aligns well with that of the Citizens Review Panel (CRP) and will give CRP the autonomy to more independently review the child protective services that are provided by the Office of Children's Services. The Ombudsman's Office accepts citizen complaints about municipal, state, and federal agencies and personnel. The ombudsman may investigate to determine if there is a problem and may seek an appropriate remedy. The Citizens Review Panel currently does not review individual cases but encourages the grievance process and contacting the ombudsman. MS. MOSS directed attention to a chart of the complaints lodged with the ombudsman about the Office of Children's Services. In 2017, 250 complaints were filed and 136 were investigated. The ombudsman does not investigate cases if a grievance has not been filed or if the case is being litigated. 1:38:31 PM MS. MOSS provided the following sectional analysis for SB 122. She noted that the new language in .400 says that there will be at least one panel member from each of the five OCS administrative regions in the state. Section 1.  AS 24.55.400. Establishes the Citizen Review Panel in the legislative branch of state government under the office of the ombudsman and instructs the panel to emphasize public participation in the panel's work and to bring all the stake holders on the panel. The panel will meet at least every three months and it will establish guidelines for its operation. Gives the panel the authority to investigate individual cases if it deems necessary. She said she believes the ombudsman would do the individual investigations. AS 24.55.405. Requires the panel to reviews policies and procedures of OCS on an annual basis and review reports submitted annually to the federal government. The panel is given statutory authority to recommend and advocate for changes to the department's child protection services. It requires OCS to provide the CRP the following state plans submitted to the federal government annually: State plan for grants for child abuse or neglect prevention and treatment programs. (42 U.S.C. 5106a(b)). State plan for delivery of child welfare services prepared jointly by the state and the Secretary Health and Human Services. (42. U.S.C. 621 - 629m). AS 24.55.410. Mandates that OCS SHALL consult with the CRP and assist the panel in carrying out its duties, including providing case-specific information to the panel. MS. MOSS said the duties of the department in .410 include establishing procedures for sharing administrative and case-specific information; coordinating outreach efforts with communities with panel activities; and coordinating activities of the panel with the taskforce on criminal justice. AS 24.55.415. Makes information delivered at a CRP meeting confidential and the CRP must follow the Open Meetings Act giving public notice and restricting the CRP members from meeting privately. AS 24.55.420. Provides for public outreach and public comment. AS 24.55.425. Provides for the CRP to prepare an annual report to be available to the governor, legislature and public. Requires OCS to submit a written response to the report within six months of its release. Requires the panel and the department to prepare a joint report [evaluating the child protective system] to the governor, legislature and public every three years. AS 24.55.430. Sets a penalty of up to $2,500 for each violation of confidentiality a person is convicted. AS 24.55.435. Provides immunity for panel members from liability in panel actions. AS 24.55.440. Definitions. Department is the DHSS. Panel is the Citizens Review Panel MS. MOSS said the language in Section 2 is new and lists in detail the confidential information that would be available to the panel. *Sec. 2. Gives the CRP access to confidential documents regarding child protection cases. *Sec. 3. Repeals the Alaska Statutes that put the CRP under the jurisdiction of DHSS. *Sec. 4. Requires DHSS to do a two-year review of existing processes for reviewing and overseeing the work of OCS and outline a plan to reduce duplication and improved coordination amongst agencies involved in child protection. The report will be delivered to the senate secretary, house chief clerk, the governor and the general public. Sec. 5. Gives the office of the ombudsman regulatory authority. Sec. 6. Transition language that allows existing panel members to serve out their term on the panel even though it has been moved from the department. The bill does not have an effective date. [Thus, it would go into effect 90 days after it is signed by the governor.] 1:45:05 PM CHAIR COGHILL listed who was available to answer questions. He clarified that the Office of Children's Services is under the Department of Health and Social Services and the Office of the Ombudsman resides in the legislative branch. 1:46:00 PM SENATOR COSTELLO asked if she had discussed the scope of the report called for in Section 4 with the department, and how it was received. MS. MOSS said the department is neutral on the bill. The ombudsman will establish the scope of the report through regulation and the policies of the Citizens Review Panel. CHAIR COGHILL shared that OCS has never had time to establish regulations for this report. "When you ask the Office of Children's Services to do things, it's like asking somebody to tie their shoes while they're running." 1:47:37 PM SENATOR SHOWER referenced the duties of the department in Section 1. He asked what she perceives "consult with the panel periodically" to mean. MS. MOSS said the two entities currently communicate monthly. CHAIR COGHILL described it as an as-needed and as-required basis. 1:49:24 PM KATE BURKHART, Ombudsman, Office of the Ombudsman, Alaska State Legislature, Juneau, Alaska, expressed appreciation for the attention on the role of the Citizens Review Panel, which is critical to the child protective services system. The Office of the Ombudsman has frequent and ongoing contact with the people engaged with that system. She said she is very familiar with the idea of colocation of agencies with similar missions. Prior to becoming ombudsman, she was the executive director of three co- located planning councils for the Department of Health and Social Services. She said that for the model to work the missions and values of the organizations must be aligned and there must be adequate management and resources. She noted that her office provided some comment to the sponsor about management. As drafted, the bill places the Citizens Review Panel in the Office of the Ombudsman for budgetary purposes only. She said she would be working with Ms. Moss on that because that creates a fiscal/agent relationship, which is not the level of management that co-location anticipates. MR. BURKHARDT said she believes that co-location of the two organizations will help support the mission of the Citizens Review Panel and augment the work of the Office of the Ombudsman. 1:51:10 PM CHAIR COGHILL stated he would hold SB 122 for future consideration.