HOUSE HEALTH, EDUCATION AND SOCIAL
SERVICES STANDING COMMITTEE
March 12, 1998
3:02 p.m.
MEMBERS PRESENT
Representative Con Bunde, Chairman
Representative Joe Green, Vice Chairman
Representative Al Vezey
Representative Brian Porter
Representative Fred Dyson
Representative J. Allen Kemplen
Representative Tom Brice
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 17
"An Act creating the crime of criminal transmission of human
immunodeficiency virus (HIV)."
- HEARD AND HELD
HOUSE BILL NO. 375
"An Act relating to children in need of aid matters and
proceedings; relating to murder of children, criminally negligent
homicide, kidnapping, criminal nonsupport, the crime of indecent
exposure, and the crime of endangering the welfare of a child;
relating to registration of certain sex offenders; relating to
sentencing for certain crimes involving child victims; relating to
the state medical examiner and reviews of child fatalities;
relating to teacher certification and convictions of crimes
involving child victims; relating to access, confidentiality, and
release of certain information concerning the care of children,
child abuse and neglect, and child fatalities; authorizing the
Department of Health and Social Services to enter into an
interstate compact concerning adoption and medical assistance for
certain children with special needs; authorizing the establishment
of a multidisciplinary child protection team to review reports of
child abuse or neglect; relating to immunity from liability for
certain state actions concerning matters involving child protection
and fatality reviews and children in need of aid; relating to
persons required to report suspected child abuse or neglect;
relating to foster care placement and to payment for children in
foster and other care and the waiver of certain foster care
requirements; relating to the access to certain criminal justice
information and licensure of certain child care facilities;
amending Rule 218, Alaska Rules of Appellate Procedure; amending
Rules 1, 3, 15, 18, and 19, Alaska Child in Need of Aid Rules; and
providing for an effective date."
- HEARD AND HELD
* HOUSE BILL NO. 340
"An Act relating to child abuse and neglect, child-in-need-of-aid
proceedings, and review of cases involving certain children who are
in the custody of the state; amending Rules 3, 7, 10, 15, 17, and
19, Alaska Child in Need of Aid Rules; and providing for an
effective date."
- BILL HEARING CANCELLED
* HOUSE BILL NO. 384
"An Act establishing the Legislative Commission on Family Law
Reform; and providing for an effective date."
- SCHEDULED BUT NOT HEARD
(* First public hearing)
PREVIOUS ACTION
BILL: SB 17
SHORT TITLE: CRIMINAL TRANSMISSION OF HIV
SPONSOR(S): SENATOR(S) TAYLOR, Pearce, Miller, Ward
Jrn-Date Jrn-Page Action
04/25/57 (S) RLS AT 10:45 AM FAHRENKAMP RM 203
01/13/97 18 (S) PREFILE RELEASED 1/3/97
01/13/97 18 (S) READ THE FIRST TIME - REFERRAL(S)
01/13/97 18 (S) HES, JUD, FIN
04/11/97 (S) HES AT 9:00 AM BUTROVICH ROOM 205
04/11/97 (S) MINUTE(HES)
04/11/97 1099 (S) HES RPT 2DP 1NR
04/11/97 1099 (S) DP: LEMAN, WARD; NR: WILKEN
04/11/97 1099 (S) ZERO FISCAL NOTES (ADM, DPS, LAW)
04/11/97 1099 (S) JUD REFERRAL WAIVED
04/15/97 (S) MINUTE(FIN)
04/22/97 (S) FIN AT 9:00 AM SENATE FINANCE 532
04/22/97 1383 (S) FIN RPT 1DP 4NR 1DNP
04/22/97 1383 (S) DP: TORGERSON; DNP: ADAMS
04/22/97 1383 (S) NR: PEARCE, SHARP, PHILLIPS, DONLEY
04/22/97 1383 (S) PREVIOUS ZERO FNS (ADM, DPS, LAW)
04/25/97 (S) RLS AT 10:45 AM FAHRENKAMP RM 203
04/25/97 (S) MINUTE(RLS)
04/25/97 1478 (S) RULES TO CALENDAR 4/25/97
04/25/97 1485 (S) READ THE SECOND TIME
04/25/97 1485 (S) ADVANCED TO THIRD READING UNAN
CONSENT
04/25/97 1485 (S) READ THE THIRD TIME SB 17
04/25/97 1485 (S) MTN TO REMOVE (ADM, LAW)FN ANALYSES
NOT
04/25/97 1485 (S) ADDRESSING FISCAL IMPLICATION ADP Y14
N6
04/25/97 1485 (S) COSPONSOR(S): MILLER, WARD
04/25/97 1486 (S) PASSED Y14 N6
04/25/97 1486 (S) DUNCAN NOTICE OF RECONSIDERATION
04/28/97 1513 (S) RECON TAKEN UP - IN THIRD READING
04/28/97 1513 (S) PASSED ON RECONSIDERATION Y14 N5 E1
04/28/97 1530 (S) TRANSMITTED TO (H)
04/30/97 1393 (H) READ THE FIRST TIME - REFERRAL(S)
04/30/97 1393 (H) HES, JUDICIARY, FINANCE
03/12/98 (H) HES AT 3:00 PM CAPITOL 106
BILL: HB 375
SHORT TITLE: CRIMES AGAINST CHILDREN/FOSTER CARE
SPONSOR(S): RULES BY REQUEST OF THE GOVERNOR
Jrn-Date Jrn-Page Action
02/02/98 2200 (H) READ THE FIRST TIME - REFERRAL(S)
02/02/98 2201 (H) HES, JUDICIARY, FINANCE
02/02/98 2201 (H) INDETERMINATE FN (GOV/VARIOUS DEPTS)
02/02/98 2201 (H) GOVERNOR'S TRANSMITTAL LETTER
02/26/98 (H) HES AT 3:00 PM CAPITOL 106
02/26/98 (H) MINUTE(HES)
03/03/98 (H) HES AT 3:00 PM CAPITOL 106
03/03/98 (H) MINUTE(HES)
03/05/98 (H) HES AT 3:00 PM CAPITOL 106
03/05/98 (H) MINUTE(HES)
03/12/98 (H) HES AT 3:00 PM CAPITOL 106
WITNESS REGISTER
SENATOR ROBIN TAYLOR
Alaska State Legislature
Capitol Building, Room 30
Juneau, Alaska 99801-1182
Telephone: (907) 465-3873
POSITION STATEMENT: Testified as sponsor of SB 17.
JOHN MIDDAUGH, M.D., Chief
Epidemiology Section
Division of Public Health
Department of Health & Social Services
P.O. Box 240249
Anchorage, Alaska 99524-0249
Telephone: (907) 269-8000
POSITION STATEMENT: Testified in opposition to SB 17.
SCOT McROBERTS, Outreach Coordinator
131 West Harvard Avenue
Anchorage, Alaska 99501
Telephone: (907) 278-593
POSITION STATEMENT: Testified in opposition to SB 17.
DEE JAY JOHANNESSEN, Executive Director
AIDS Care Network
3650 Lake Otis Parkway, Number 100
Anchorage, Alaska 99508
Telephone: (907) 563-2437
POSITION STATEMENT: Testified on SB 17.
JULIE CLOSE, Case Manager
Interior AIDS Association
547 Sun Way
Fairbanks, Alaska 99709
Telephone: (907) 457-2170
POSITION STATEMENT: Testified in opposition to SB 17.
PAT CAHILL, Outreach Worker
Interior AIDS Association
1434 Hans Way
Fairbanks, Alaska 99709
Telephone: (907) 479-7190
POSITION STATEMENT: Testified in opposition to SB 17.
MICHAEL HUGHES
P.O. Box 230072
Anchorage, Alaska 99523
Telephone: (907) 345-3635
POSITION STATEMENT: Testified in opposition to SB 17.
MARY LEE, HIV Counselor
Municipality of Anchorage
8701 Spendlove Drive
Anchorage, Alaska 99516
Telephone: (907) 343-4616
POSITION STATEMENT: Testified on SB 17.
CHRIS CARPENTINO
P.O. Box 55304
North Pole, Alaska 99705
Telephone: (907) 488-6289
POSITION STATEMENT: Testified in opposition to SB 17.
CAREY CUMMINGS, Outreach Worker
Interior AIDS Association
710 3rd Avenue
Fairbanks, Alaska 99701
Telephone: (907) 452-4222
POSITION STATEMENT: Testified in opposition to SB 17.
MARCUS ORTELEE, Volunteer
Interior AIDS Association
P.O. Box 82252
Fairbanks, Alaska 99708
Telephone: (907) 457-1272
POSITION STATEMENT: Testified in opposition to SB 17.
ILENA CRAMER, Women's Outreach Worker
Interior AIDS Association
P.O. Box 81289
Fairbanks, Alaska 99708
Telephone: (907) 479-2136
POSITION STATEMENT: Testified in opposition to SB 17.
SUSAN CARPENTINO
P.O. Box 55304
North Pole, Alaska 99705
Telephone: (907) 477-6289
POSITION STATEMENT: Testified in opposition to SB 17.
MICHAEL COONS, Paramedic
P.O. Box 4229
Palmer, Alaska 99645
Telephone: (907) 745-6779
POSITION STATEMENT: Testified in support of SB 17 and in
opposition to HB 375.
DEAN GUANELI, Chief Assistant Attorney General
Criminal Division
Department of Law
P.O. Box 110300
Juneau, Alaska 99811-0300
Telephone: (907) 465-3428
POSITION STATEMENT: Presented criminal section of HB 375.
KAREN LEONARD
310 West 76th Street, Number C
Anchorage, Alaska 99518
Telephone: (907) 522-9268
POSITION STATEMENT: Testified in opposition to HB 375.
YOLANDA BOMA
11640 Northern Raven Drive
Anchorage, Alaska 99516
Telephone: (907) 348-0715
POSITION STATEMENT: Testified in opposition to HB 375.
HARRY NEIHAUS
P.O. Box 55664
North Pole, Alaska 99705
Telephone: (907) 488-9328
POSITION STATEMENT: Testified in opposition to HB 375.
GENE ALTIG
4396 Al Cory Road
North Pole, Alaska 99705
Telephone: (907) 488-4216
POSITION STATEMENT: Testified in opposition to HB 375.
CATHY BALDWIN-JOHNSON
P.O. Box 876478
Wasilla, Alaska 99687
Telephone: (907) 373-1184
POSITION STATEMENT: Testified in support of HB 375.
DOUGLAS STUART
Box 770
Homer, Alaska 99603
Telephone: (907) 235-2898
POSITION STATEMENT: Testified in support of HB 375.
JOHN STREET
P.O. Box 835
Kenai, Alaska 99611
Telephone: (907) 262-0454
POSITION STATEMENT: Testified on HB 375.
RICK KRUEGER
2031 Second Avenue
Ketchikan, Alaska 99901
Telephone: (907) 225-4905
POSITION STATEMENT: Testified on HB 375.
NANCY SEAMOUNT
Box 33794
Juneau, Alaska 99803
Telephone: (907) 586-3568
POSITION STATEMENT: Testified on HB 375.
KAREN LARGENTS, Representative
Anchorage Center for Families
3745 Community Park Loop
Anchorage, Alaska 99508
Telephone: (907) 276-4994
POSITION STATEMENT: Testified in support of HB 375.
DINO ALLEN, Chair
Citizens Foster Care Review Board
3601 C Street, Suite 260
Anchorage, Alaska 99503
Telephone: (907) 563-6105
POSITION STATEMENT: Testified on HB 375.
ANDY HARRINGTON
4624 Stanford Avenue
Fairbanks, Alaska 99709
Telephone: (907) 479-1990
POSITION STATEMENT: Testified on HB 375.
KARRE FISHER
520 3rd Street
Juneau, Alaska 99801
Telephone: (907) 586-1792
POSITION STATEMENT: Testified in support of HB 375.
NORM BLAKELY
P.O. Box 537
Soldotna, Alaska 99669
Telephone: (907) 262-6160
POSITION STATEMENT: Testified in opposition to HB 375.
LARRY ERICKSON
P.O. Box 4045
Soldotna, Alaska 99669
Telephone: (907) 262-9393
POSITION STATEMENT: Testified in opposition to HB 375.
LT. BILL GRIFFORD
Anchorage Police Department
4501 South Bragaw
Anchorage, Alaska 99507
Telephone: (907) 786-8852
POSITION STATEMENT: Testified in support of HB 375.
JAY BLAIR
8963 North Douglas
Juneau, Alaska 99801
Telephone: (907) 586-5775
POSITION STATEMENT: Testified in support of HB 375.
DEIDRE PHAYER, Executive Director
Covenant House
609 F Street
Anchorage, Alaska 99501
Telephone: (907) 272-1255
POSITION STATEMENT: Testified in support of HB 375.
PAM KARALUNAS
1401 Kellum
Fairbanks, Alaska 99701
Telephone: (907) 456-2846
POSITION STATEMENT: Testified in support of HB 375.
LINDA HAIM
900 West 5th Avenue
Anchorage, Alaska 99508
Telephone: (907) 269-3521
POSITION STATEMENT: Testified in support of HB 375.
DEBORAH HONEA
P.O. Box 10710
Fairbanks, Alaska 99701
Telephone: (907) 457-7359
POSITION STATEMENT: Testified in support of HB 375.
DAVID LEONE, Executive Director
Resource Center for Parents and Children
1401 Kellum Street
Fairbanks, Alaska 99701
Telephone: (907) 456-2866
POSITION STATEMENT: Testified in support of HB 375.
PATRICIA GEORGE
3328 Fritz Cove Road
Juneau, Alaska 99801
Telephone: (907) 789-0172
POSITION STATEMENT: Testified on HB 375.
BARBARA MALCHICK, Child Advocate
Office of Public Advocacy
Department of Administration
900 West 5th Avenue, Number 525
Anchorage, Alaska 99501
Telephone: (907) 269-3500
POSITION STATEMENT: Testified in support of HB 375.
MARION HALLUM, Guardian Ad litem
Office of Public Advocacy
Department of Administration
900 West 5th Avenue
Anchorage, Alaska 99501
Telephone: (907) 269-3500
POSITION STATEMENT: Testified in support of HB 375.
JANICE BARTA, Guardian Ad litem
Office of Public Advocacy
Department of Administration
900 West 5th Avenue, Number 525
Anchorage, Alaska 99501
Telephone: (907) 269-3500
POSITION STATEMENT: Testified in support of HB 375.
DAVE BARTELS
General Delivery
Wasilla, Alaska 99654
Telephone: (907) 376-4693
POSITION STATEMENT: Commented on issues not pertaining to HB 375.
ACTION NARRATIVE
TAPE 98-23, SIDE A
Number 0006
CHAIRMAN CON BUNDE called the House Health, Education and Social
Services Standing Committee meeting to order at 3:02 p.m. Members
present at the call to order were Representatives Bunde, Porter,
Dyson, Kemplen and Brice. Representatives Vezey and Green arrived
at 3:04 p.m. and 3:09 p.m., respectively.
SB 17 - CRIMINAL TRANSMISSION OF HIV
Number 0056
CHAIRMAN BUNDE announced the first item on the agenda was SB 17,
"An Act creating the crime of criminal transmission of human
immunodeficiency virus (HIV)." He asked the sponsor, Senator Robin
Taylor to present his bill.
Number 0064
SENATOR ROBIN TAYLOR, Sponsor of Senate Bill 17, directed committee
members' attention to the packet of media reports, specifically the
Associated Daily Press article from the Anchorage Daily News dated
February 9, 1998, about the transmission of HIV and why many
individuals believe it's important to have protections for the
citizens of Alaska against this type of reckless and endangering
criminal activity.
SENATOR TAYLOR stated there are 27 other states that have similar
laws. Senate Bill 17 does not criminalize the disease; it
criminalizes irresponsible conduct that puts others at risk. The
Department of Health & Social Services reports the majority of HIV
cases in Alaska resulted from consensual sex. The question is,
"Would consent have been given if the risks were known?" This
legislation does not shift the burden of proof to the defendant;
the state would still have to prove that the defendant knew he/she
was infected and did not warn the person being exposed. The
provision of an affirmative defense protects the defendant; it does
not shift the burden of proof.
SENATOR TAYLOR said the Department of Health & Social Services,
when asked in the Senate Finance Committee, could not provide any
substantiation to the claim that SB 17 would have a "chilling
effect" on testing programs. In fact, the Illinois Department of
Health advised the Alaska Legislative Research Section there was no
decrease in testing as a result of their law. This statement came
in March 1995, six years after the Illinois law had passed. Senate
Bill 17 is modeled on the Illinois statute which has been upheld in
both the state appellate and supreme courts. Senator Taylor stated
that SB 17 will not affect any needle exchange programs.
Number 0249
CHAIRMAN BUNDE pointed out the University of Alaska Anchorage had
started a needle exchange program.
SENATOR TAYLOR concluded that Congressman Tom Coburn of Oklahoma,
a medical doctor, introduced House Resolution 1062, the HIV
Prevention Act, which has 90 co-sponsors in the U.S. House of
Representatives, and included in its provisions is sense of the
Congress language that the states should criminalize the
intentional transmission of HIV. The sponsor statement for HR 1062
states that 79 percent of Americans believe that those who
knowingly infect another person should face criminal charges.
House Resolution 1062 has also been endorsed by the American
Medical Association (AMA).
Number 0328
REPRESENTATIVE J. ALLEN KEMPLEN inquired if society had ever made
a policy statement before about the criminal transmission of a
virus. He was thinking in particular about the outbreak of
syphilis some years ago and syphilis if it goes untreated will
kill. He wondered if during the time that syphilis was a social
concern and before public policies were put in place helping to
mitigate that concern, were there instances of communities
criminalizing the transmission of syphilis.
SENATOR TAYLOR wasn't aware of a criminal penalty for the
transmission of syphilis. He added that syphilis is treatable and
the advancement in medicine has reduced some of the threat;
however, he did not want to give anyone the impression that
syphilis, gonorrhea and other diseases transmitted in that fashion
are not still a very serious problem in the United States; they
are. With reference to Representative Kemplen's question, he
thought it could best be explained through the laws passed by the
U.S. Government involving the transmission of typhus, which can be
treated, but it's quite deadly. The "Typhoid Mary" statutes
prevent a person with this illness from working in certain
establishments because it could be transmitted to other people. In
fact, those people who have failed to be properly certified and are
found in those establishments, are violating the law. He said in
each of the instances, a person had a chance of survival; whereas,
to his knowledge, no one has survived this infection.
Number 0515
REPRESENTATIVE KEMPLEN remarked the literature he's seen on HIV,
just as with syphilis, medical research and technology is moving
forward very quickly to produce a medical response to that virus
and treating it as a public health issue seemed to be producing
results. He questioned the wisdom of treating the HIV virus in the
criminal arena.
Number 0620
SENATOR TAYLOR advised that as of December 31, 1997, 412 Alaskans
had been confirmed to have AIDS, the result of HIV infection.
Since tracking began in 1982, 202 of these cases have known to have
died. He couldn't imagine that anyone thinking it was anything
other than a criminal act if their daughter had been infected, as
the 13 young women were infected by one man on the East Coast this
last year. As a consequence, that state believes it's a criminal
activity. Twenty-seven other states have criminalized it because
they have encountered that type of predatory person, who knows full
well they run a serious health risk to others by their activities,
recklessly go forward, participate in these activities, and don't
even have the decency to notify their sexual partner of the risk
that partner may be encountering.
Number 0701
REPRESENTATIVE FRED DYSON asked if Senator Taylor had said or
inferred the AMA has endorsed exactly this kind of legislation.
SENATOR TAYLOR responded, not exactly. The AMA has endorsed a
House Resolution that speaks to the same thing; that resolution
says as part of its language, "Sense of the Congress statement,"
that indicates that states should criminalize the intentional
transmission of HIV.
REPRESENTATIVE DYSON asked, "And were they speaking just generally
- the knowing transmission; in other words...."
SENATOR TAYLOR responded affirmatively.
CHAIRMAN BUNDE asked if there were other questions for the sponsor.
Hearing none, he asked Dr. Middaugh to present his comments.
Number 0765
JOHN MIDDAUGH, M.D., Chief, Epidemiology Section, Division of
Public Health, Department of Health & Social Services, testified he
is a physician, board certified in internal medicine, also in
public health and preventive medicine, and has been in a position
with the Section of Epidemiology, Division of Public Health, since
1980. He stated the first individual in Alaska with the diagnosis
of AIDS was found in 1982 and one of his responsibilities and
duties has been to try to work to prevent individuals being
infected with the HIV virus.
Number 0860
DR. MIDDAUGH requested the committee to oppose SB 17 because there
is testimony from the Department of Law stating Alaska has adequate
statutes that can take care of an individual who attempted
knowingly to cause harm by transmitting this virus but most
importantly, because criminalizing an infection is diametrically
opposed to effective action to prevent disease transmission. The
major priority to try to prevent individuals from becoming infected
with this virus involves getting individuals to volunteer
themselves to be tested; and when an individual is found who is
infected with this virus, to work with that individual to name
their contacts and other individuals who may also be at risk of
being infected; to test those individuals and to work with those
who are positive. He said the virus is fragile and hard to acquire
and partner notification activities are targeted and focused to try
to interrupt the chain of transmission.
DR. MIDDAUGH said the division would generically oppose
criminalizing any infection. There are many infectious diseases
that can in fact be transmitted by similar types of behaviors and
activities; hepatitis B, hepatitis C, herpes virus. In fact, the
road of criminalization provides disincentives for people to come
to public health and medical professionals to seek care and to put
themselves at a place of identifying their activities and those
others who may be at risk and that offers an opportunity, as well,
to put individuals and offer them access to treatment.
Number 0910
DR. MIDDAUGH stated the tremendous breakthrough that's occurred in
the last couple years have been the development, for the first
time, of drugs that are effective in preventing replication of the
HIV virus in individuals. Unfortunately, these drugs are not yet
effective in curing an individual from the infection; the drugs are
extremely costly, have numerous side effects, and unfortunately,
the virus can mutate and become resistant. Nevertheless, among
individuals who are taking the drugs effectively, the virus load of
a person can drop down to zero or near zero, which means the person
would be far less able to transmit the virus to another individual.
In addition, once an individual is infected with the virus, it
takes an average of six to ten years in an untreated person, before
illness occurs resulting in symptoms that result in a diagnosis of
AIDS. He said with the advent of these new drugs, it's conceivable
that individuals who are infected and are taking these medications,
may go many decades without any illness and without an ability to
transmit the virus to another person. Because of these advances,
the Division of Public Health and the medical community have
proposed making HIV a reportable condition that is required to be
reported to the Division of Public Health and the division's goal
is that every individual infected becomes identified and offered
these voluntary services of partner notification, case management
and access to the medications.
Number 1007
DR. MIDDAUGH said SB 17, as written, does not criminalize
transmission of the virus, but merely exposure to it. And in fact,
the definition of exposure is so broad that it can encompass almost
any potential exposure to bodily fluid. The Alaska State Medical
Association opposes this legislation; the Public Health Association
opposes this legislation; and most of the individuals involved on
the front-line with public health and medical training and
background are in opposition to the legislation. In anticipation
of the interest in and concerns over the egregious incident in New
York led him to call the Commissioner of Health at Chautauqua
County to ask him what occurred there and what his opinion was
about the need to criminalize HIV transmission. He recounted that
an individual who was infected and had been counseled, so he knew
of his infection and the risks, nevertheless sold drugs, engaged in
unprotected sex and shared intravenous drug equipment with numerous
women of whom many became infected. The public health response, as
soon as that incident was known, was to do the partner
notification, support the families and those infected, and to
remove this individual from the ability to continue this behavior.
In fact, that individual has been in jail in New York City since
September on charges of drug abuse and burglary, awaiting
sentencing, after which he will be arraigned and indicted in
Chautauqua County. The Commissioner of Health, having gone through
the trauma of those events in his community and the media
inspection and scrutiny, opposes criminalization of HIV. He
offered to answer questions for the committee and reiterated his
opposition to SB 17.
Number 1114
CHAIRMAN BUNDE asked if HIV was a reportable disease at this time.
DR. MIDDAUGH responded that AIDS has been required to be reported
since 1985, and the division is in the midst of the process with
public hearings to take place on March 25 and March 26, to make HIV
a (indisc.) reporting a requirement by all health care providers
and laboratories in the state of Alaska to the Division of Public
Health.
CHAIRMAN BUNDE asked if an HIV positive person is capable of
transmitting the virus or is it the person with full blown AIDS
that transmits it?
DR. MIDDAUGH replied the scientific ability to transmit would be
dependent upon the presence of the virus and the virus is not
equally present at all times during a person's lifetime. If a
person were taking the medications, then the virus may drop to such
a low level that a person could not infect another individual.
CHAIRMAN BUNDE inquired if an untreated HIV person is capable of
infecting another individual.
DR. MIDDAUGH said at different times in the course of the illness.
Shortly after an initial infection, the virus replicates and it is
in higher presence in bodily fluids. Then it drops to a level that
may or may not be very low, where there may or may not be a risk of
transmission, and then late in the course of illness when the virus
destroys the immune system, the virus tends to be in much higher
quantities in a person, where transmission would be potentially
more likely.
Number 1217
REPRESENTATIVE DYSON asked Dr. Middaugh to respond to Senator
Taylor's statement that this concept has been endorsed by the AMA.
DR. MIDDAUGH said he had no knowledge that the AMA has endorsed
criminalization of HIV. The Coburn legislation has many components
to it, but one of the congressman's primary goals has been to
establish reporting of HIV infection by name in the United States.
Dr. Coburn has also proposed numerous other interventions related
to HIV and AIDS over the last few years, but the Alaska State
Medical Association opposes criminalization of HIV. He offered to
provide specific information to the committee on the AMA's position
on criminalizing HIV.
Number 1265
REPRESENTATIVE JOE GREEN asked, "Would there be any advantage to an
individual who might have lived a lifestyle such that he could
suspect that he might have HIV, that with or without this bill
would alter his wanting to check. For example, you have a certain
lifestyle and you think you might - without it becoming a felony,
I might go get checked and I may or may not have it. But with this
as a felony, if I find that I have it and then do some activity
that could pass that on, could that in your experience, be a
deterrent for checking?"
DR. MIDDAUGH said his interpretation of the legislation is that if
an individual was never to be tested, that would be a form of
defense that he did not know he was infected, so therefore, how
could he be expected to ever be prosecuted for any behavior he
undertook. He said, "Part of the concern we have is that our
entire goal at the moment is get individuals who may be at risk or
are at risk through their behaviors to be tested. In order to be
effective in preventing infection, we have to have at risk
behaviors plus infection with the virus. If individuals choose to
engage in high risk behaviors and none of them are infected, the
virus will not be passed on and if the individuals are infected and
do not engage in high risk behaviors, the infection will not be
passed on." He noted that one of the shocking things to the
commissioner in Chautauqua County, was the fact that so many young
women voluntarily chose to engage in high risk behaviors with this
predatory individual in spite of widespread knowledge of HIV among
them through extensive efforts between the health department and
the education department that provided a high level of knowledge to
those young women. There was a clear expectation of the need of
constant affirmation of responsible behavior among all persons.
Number 1369
REPRESENTATIVE GREEN recalled that Dr. Middaugh had indicated the
level of infection drops and then rises within an infected person
and he inquired if testing provides any benefit for a person who
suspects they are infected.
DR. MIDDAUGH responded during the last few years groups of anti-
retro viral medications have been developed, which for the first
time have been proven to be a benefit and intervening to prevent
the virus from being able to continue to multiply and to attack the
immune system. The drugs are expensive, have numerous side effects
and involve taking a large number of pills on a very rigid
schedule. Great efforts are underway to develop better drugs and,
in fact, vaccines that might also instead of preventing infection
where it appears technology will not be able to that, will be able
to attack the virus through vaccination to neutralize the ability
of the virus to cause damage to the immune system. The goal has
shifted from preventing or curing an individual from infection to
being able to basically, neutralize the virus in a person so that
it doesn't harm the individual - the host - and also cannot be
transmitted to others. He said there are great benefits to
individuals today from knowing their HIV status and be
appropriately put on medications, depending on the individual's
status.
REPRESENTATIVE GREEN asked Dr. Middaugh if a public right to know
would prevent individuals from being tested?
DR. MIDDAUGH said the diseases that are required to be reportable
go with a very strong confidentiality provision. One of the great
concerns in America and among individuals who are potentially at
risk, is the balance of having anyone, other than themselves and
perhaps their primary health care provider, know of this
information. However, it's essential for public health agencies to
be able to have this information in order to work with individuals
who are infected and for primary health care providers in order to
help interrupt these chains of infectious transmission and to
assure access to care. The data that would be reportable would not
be able to be made available to the public; it would be held
completely confidential and used only with that individual and the
primary health care provider to secure improved treatment and to
work with individuals on a voluntary basis to identify others at
risk who are engaging in similar high risk behavior.
Number 1542
REPRESENTATIVE GREEN asked if SB 17 were adopted and a person finds
they have HIV and infected another person, would it then become
public knowledge.
DR. MIDDAUGH commented that one of the reasons medical and public
health people so oppose this kind of criminalization, is exactly
that reason. The ability to hold in confidence, information that's
used to interrupt diseases is essential. He gave the example of an
outbreak of a disease such as hepatitis from a restaurant, and the
public health community needed to go in and attempt to discern why
the outbreak was occurring, what the agent was and how to
intervene, and no one would talk to the health department because
they would have to disclose potential behavior that might subject
them to criminal penalties. That is a very important distinction
between the role of public health and medical experts trying to
prevent diseases and interrupt transmission versus the interface of
individuals being asked to disclose activities that might subject
them to legal penalties.
Number 1606
REPRESENTATIVE AL VEZEY asked what prevents an individual who
suspects they may have contracted a terminal disease from getting
tested.
DR. MIDDAUGH said there are many things that motivate people to
conduct themselves in many different ways and that in the routine
and normal state of affairs, most individuals behave responsibly,
cooperate, are concerned about themselves and attempt to do
reasonable, logical and rational things. There are other
individuals, who in spite of education and laws, continue to behave
in ways that are inexplicable. One of the reasons the person in
Chautauqua County has not been sentenced is because he's undergoing
evaluation for suspected mental illness. There are numerable
reasons why individuals may or may not do what we wish them to do
for their own good and one of the interfaces is the goal of dealing
with most circumstances. The event in Chautauqua County, in the
mind of the Commissioner of Health, is so extraordinary that it's
understandable the abhorrence of what occurred, but that's not a
reason to criminalize this disease.
REPRESENTATIVE VEZEY understood that Dr. Middaugh had said that
some people just behave irrationally and would not get tested.
DR. MIDDAUGH said that was true.
REPRESENTATIVE VEZEY commented that if a person can be prosecuted
under existing law for deliberate or careless transmission of HIV,
isn't that a deterrent to people getting tested.
DR. MIDDAUGH replied given that the interface between law and
medicine is somewhat contentious and that many people without
knowledge are more than willing to give learned and unlearned
opinions in areas they're not familiar with, he suggested that the
representative of the Department of Law be given the opportunity to
respond specifically to what laws are available related to an
ability to intervene if an individual is knowingly attempting to
harm someone through the transmission of any infection. He thought
that part of the concern with this legislation is the potential
broad sweep of its definitions and picking out one particular
virus, and then trying to understand what the implications to that
are for individuals both for a defense or under the circumstances
by which people might argue what was said, what did they know, what
did they agree to, all of which, are in a way, less of concern to
intervening, to prevent the infection and to enlisting cooperation
of individuals in that effort.
Number 1768
REPRESENTATIVE VEZEY said suppose there's a law that allows the
state to prosecute a person who is exposing others to the AIDS
virus in a negligent manner. The person is locked up in jail where
they have the opportunity to expose an entire new population and
there are laws which prevent the individuals exposed from being
notified.
DR. MIDDAUGH said this is a virus that's not transmitted casually
and individuals have responsibilities for the actions they assume
and choose to engage in. That's one of the reasons why one of the
major efforts in public health is to target individuals undergoing
high risk behavior and who are getting infected, but there's also
a tremendous challenge to constantly educate all individuals about
the need to be responsible. He noted there's an entire group of
kids growing up today who have no concept of what the older group
has gone through in the last 15 years with this virus and these
dangers. He thought the fundamental ability to identify and to
apply appropriate treatment of individuals with the virus is one of
the great efforts of public health.
REPRESENTATIVE VEZEY asked will a person with the AIDS virus
contract AIDS in six to ten years or die in six to ten years.
DR. MIDDAUGH explained the virus enters the body and then within
generally six to ten weeks, antibodies form and are then present
throughout the rest of the individual's life. Today, there are
tests to measure the virus, itself. Once the virus is in the body,
there's what's called an incubation period and that's the period
the virus resides in the body, but no symptoms or adverse
measurable effects from the virus are present to make a person ill
or to make anyone know the person is carrying it, except it can be
detected with a blood test. Then, AIDS is a syndrome and what that
means is it's a constellation of abnormalities related to
illnesses, diseases, and effects on the immune system, that when
they combine together meet what's a case definition of AIDS -
Acquired Immune Deficiency Syndrome - and that's indicative of a
certain level of impairment of the immune system and the subsequent
diseases and illnesses that then attack and ravage the body. Once
a person has AIDS, there's a period which is quite variable, until
an individual dies from the cumulative impact of the continued
virus attack on the immune system and the subsequent diseases and
illnesses that affect a person. With the new medications, by
placing a person on the medications earlier, then those illnesses
are delayed or potentially, hopefully in the future, prevented and
the impact of that virus will extend the time of AIDS. He directed
the committee's attention to a handout which shows the number of
deaths from AIDS has dropped dramatically in the United States and
in Alaska in the last couple years, which is almost certainly due
to being able to treat individuals with these anti-retro viral
medications.
Number 1976
REPRESENTATIVE BRIAN PORTER said he was somewhat confused on the
requirement for confidentiality, but he thought some of the
potential victims of the individual from New York had prior
knowledge or had been informed, but still continued their
relationship with him.
DR. MIDDAUGH commented they knew the person was engaging in risky
behaviors, but did not know the person was HIV positive.
REPRESENTATIVE PORTER understood that current confidentiality
requirements would not allow public health officials or anyone to
communicate to a person that his/her spouse was HIV positive.
DR. MIDDAUGH explained how partner notification activities work.
Individuals are informed that they have been exposed or there's
reason to believe they've been exposed to an infectious disease,
but the identity of that person is not revealed so that, in fact,
on a practical basis, it could be very obvious to an individual the
source of that exposure. But the public health professional
community does not breach that confidentiality by identifying
specific sources of exposure, except in a rare instance which is
what Chautauqua County faced of having to release this individual's
name publicly and went through numerous ethics committees and
looked at what their duties were to their community and what the
implications were of protecting confidentiality of that reported
information.
Number 2071
REPRESENTATIVE GREEN said, "You indicated that this is not an
easily transmitted virus. So that the public is not at risk if
people are working in certain fields, is there anything in your
knowledge that says that someone who tests positive would be
restricted from activities - working in a hash house, working in a
hospital or things like that?"
DR. MIDDAUGH responded absolutely.
Number 2096
SENATOR TAYLOR stressed the other criminal laws which a person
could be prosecuted under require knowing and intentional conduct
to actually try to kill someone; these individuals don't want to
kill someone; they want to make love with them and will use every
lie or every inducement to get them in bed and will never tell the
partner they are HIV positive. If the drug dealer in New York had
been required by law to inform the 13 young women that he was HIV
positive, he would be prosecuted on that. Apparently there's a
group of people who want to protect this activity and the excuse is
that it may have a "chilling effect" on testing. Of the 27 states
that have implemented this law, there's no citation which indicates
that a decline in testing has occurred. He stressed that he wants
it to have a chilling effect on the sexual activity of the people
who are predatory towards Alaska's population.
CHAIRMAN BUNDE announced the committee would now hear public
testimony. He asked Scot McRoberts to testify from Anchorage.
Number 2182
SCOT McROBERTS, Outreach Coordinator, testified via teleconference
from Anchorage that he has had HIV for 14 years and is considered
a long term survivor. He strongly opposed to SB 17 and urged the
committee not to pass it. He said SB 17 strongly discourages
individuals from seeking medical treatment. This legislation
doesn't even require transmission for conviction, but just the mere
cry from a person that they've been exposed.
Number 2249
DEE JAY JOHANNESSEN, Executive Director, AIDS Care Network,
testified via teleconference from Anchorage, in opposition to
SB 17. He referred to the sponsor statement, "The sad fact is that
the rate of infection in Alaska is increasing" and said that is not
true. According to the State of Alaska Epidemiology Bulletin, the
rate decreased every year since 1982; starting at 9.9 percent in
1982 and ending at .2 percent in 1997. Again, referring to page 4
of the sponsor statement regarding an increase in testing for HIV
in Illinois since the passage of legislation, he said the reason
for the increase in testing was the passage of the Ryan White Care
Act of 1990, which for the first time in the United States provided
funding for HIV testing and counseling. Alaska doesn't have the
provision but HIV testing went up 250 percent from 1990 to 1997.
He said this bill targets people living with AIDS. He referred to
page 1, line 7, and said, "You have to be a person who is infected
with HIV, so I, who am HIV negative, could pass off a tainted
syringe and you could not prosecute me under this statute; you have
to be HIV positive to be prosecuted." He said the biggest issue of
the legislation is that it's not intended to punish those who have
contracted HIV, it's intended to protect others who may be
unknowingly exposed to the virus. An individual living in the
United States in 1998, who knowingly engages in unprotected sex, is
not unknowingly being exposed. We all have a responsibility to
protect ourselves from HIV infection and we have the ability to do
that.
CHAIRMAN BUNDE thanked Mr. Johannessen for testifying and asked
Julie Close to comment.
Number 2333
JULIE CLOSE, Case Manager, Interior AIDS Association, testified via
teleconference from Fairbanks that she currently case manages 20
individuals who are HIV positive. She said that many of these
individuals are married or are in monogamous relationships ...
TAPE 98-23, SIDE B
Number 0001
MS. CLOSE ... and active lives. She believes this bill attempts to
legislate morality, intimacy and personal choices and may encourage
jilted partners to seek criminal and legal retribution once a
relationship has ended. Her main concern is that this bill may
discourage HIV positive individuals in her office from discussing
prevention issues and obtaining safer sex materials for fear that
confidentiality may be breached because of the potential of a
future criminal case. Ultimately, SB 17 puts the focus of
responsibility on no one, encouraging ignorance of a person's HIV
status, and the belief that a law can guarantee a person's safety.
The responsibility for avoiding transmission of this disease falls
on everyone, HIV positive or not, aware or not, and cannot be
legislated.
Number 0050
CHAIRMAN BUNDE announced that HB 384 would be held over until
Friday, March 20, and in all likelihood HB 340 would be held over
also. He requested Pat Cahill to present his comments.
Number 0056
PAT CAHILL, Outreach Worker, Interior AIDS Association, agreed with
the remarks of the individuals previously testifying in opposition
to SB 17. He finds this legislation upsetting because if he was
HIV positive and married and he and his wife were having intimate
relations, he would become a criminal. He questioned the right to
legislate what he and his wife do in the privacy of their home.
CHAIRMAN BUNDE thanked Mr. Cahill for his testimony and called on
Michael Hughes to testify.
Number 0085
MICHAEL HUGHES testified via teleconference from Anchorage, that he
is distressed by the inflammatory nature of this legislation to
attempt to single out a group of people based upon their sexuality;
i.e., gay men.
Number 0120
MARY LEE, HIV Counselor, Municipality of Anchorage, testified from
Anchorage via teleconference that she's been in her current
position since 1991 and an Alaskan resident for over 40 years. One
of her jobs as an HIV counselor is to help a newly HIV positive
person to not only deal with the (indisc.) fact that they are
positive, but also to notify the partner as soon as possible. She
has never had anyone refuse to tell the partner; the HIV positive
individual goes to the extreme to locate a partner or partners and
notify them of the HIV positive result. She stressed these people
are not criminals; have never been criminals; and the people she
counsels have no murderous intent. She strongly supported the
comments of Dr. Middaugh, Dee Jay Johannessen and other HIV
positive people.
CHAIRMAN BUNDE thanked Ms. Lee for her comments and asked Chris
Carpentino to present his remarks.
Number 0192
CHRIS CARPENTINO testified via teleconference from Fairbanks and
said he is an Alaskan resident living with HIV. While he heard
many comments at the beginning of the hearing about intentional
transmission of this disease, this bill doesn't say anything about
intentional transmission; it just states that if he voluntarily
engages and seeks contact with another person, he could be
convicted of a felony. He believes that's wrong. The major things
in his life, as well as anyone else's life, are food, shelter and
human intimate contact.
CHAIRMAN BUNDE thanked Mr. Carpentino for his testimony and asked
Carey Cummings to present her testimony.
Number 0218
CAREY CUMMINGS, Outreach Worker, Interior AIDS Association,
testified via teleconference from Fairbanks and supported the
comments of her colleagues who opposed SB 17. She said HIV is a
public health issue; not a moral issue and certainly not a criminal
one. Criminalizing intimate contact further stigmatizes an already
highly discriminated group of people. Prevention of the spread of
the virus will not be accomplished by punishing infected
individuals for fulfilling the basic human need for intimacy.
Furthermore, less people will be accessing HIV testing services
because of fear of potential legal ramifications. Therefore, this
legislation would undermine current prevention efforts for both HIV
positive and HIV negative individuals and early treatment for
infected individuals would be seriously compromised resulting in
potential increases of AIDS related deaths at a time when
treatments are improving.
CHAIRMAN BUNDE thanked Ms. Cummings for her testimony and asked
Marcus Ortelee to present his comments.
Number 0258
MARCUS ORTELEE, Volunteer, Interior AIDS Association, testified via
teleconference from Fairbanks. He has been a volunteer at the
Interior AIDS Association for the last nine years. He agreed with
the other witnesses that this bill should not be passed. He's
known people and still knows people who have had AIDS for over 20
years and are living very healthy lives and are in monogamous
relationships. He said SB 17 regulates private lives which should
not be done by the state. He knows of HIV positive individuals who
have HIV negative partners and engage in protected sex; it's an
adult decision and should be left up to the individual.
CHAIRMAN BUNDE thanked Mr. Ortelee for testifying and called on
Ilena Cramer to present her remarks.
Number 0298
ILENA CRAMER, Women's Outreach Worker, Interior AIDS Association,
testified from Fairbanks via teleconference and said it is her job
to help women ask themselves where does their personal
responsibility begin. The government cannot fix all of society's
woes and shouldn't even try. This bill makes intimacy illegal and
more dangerous than it already is for women today. People must
learn to protect themselves in this day and age. Some people would
rather choose to close their eyes to their own dangerous behaviors
and point fingers and find blame at other people. Having HIV is
not a crime; it is a disease and a government cannot legislate a
disease. She said this legislation would take all the
responsibility out of the hands of people and place it in the hands
of courts, clogging up the system with disgruntled ex-lovers. The
only way to prevent HIV is through education, behavior change and
responsible behavior. This legislation will not cut down on HIV
transmission rate; it will increase ignorance, increase hatred and
will punish HIV positive people who have already been punished
enough.
CHAIRMAN BUNDE asked Susan Carpentino to present her testimony.
Number 0357
SUSAN CARPENTINO testified via teleconference from Fairbanks. She
is the mother of an HIV positive young man. She strongly opposes
this legislation. She suggested that if this sexually transmitted
disease is going to be considered a criminal act, then all other
venereal diseases should be included because if gone untreated,
will cause someone to die.
CHAIRMAN BUNDE thanked Ms. Carpentino for her testimony and asked
Michael Coons to testify.
Number 0389
MICHAEL COONS, Paramedic, testified via teleconference from the
Mat-Su Legislative Information Office, in support of SB 17. He
understands that Nevada has a similar law and according to
television reports, is mainly targeting prostitutes and known drug
users that are knowingly HIV positive and continue to engage in
activities. As a health care provider, he does have concern with
being infected with HIV. He related an incident whereby the family
of an individual who knew he was hepatitis B terminal, refused to
notify the ambulance crew who did mouth to mouth resuscitation and
both ambulance crew members contracted hepatitis B.
Number 0470
CHAIRMAN BUNDE thanked Mr. Coons for his comments and closed public
testimony on SB 17. He announced that SB 17 would be held in
committee and heard again at a later time.
HB 375 - CRIMES AGAINST CHILDREN/FOSTER CARE
Number 0490
CHAIRMAN BUNDE announced the next item on the agenda was House
Bill 375. He noted that Dean Guaneli from the Department of Law
was available to speak to the criminal section of HB 375.
Number 0536
DEAN GUANELI, Chief Assistant Attorney General, Criminal Division,
Department of Law, said he would address three areas of criminal
law under HB 375: First, being the changes to the homicide laws;
second, the changes to the endangering the welfare of minor laws;
and third was the child support laws. He said as a result of a
couple of highly publicized homicides of infants in the last year,
the Department of Law was asked to look at the homicide laws and
the application with respect to the deaths of children. In doing
so, it was determined that some changes could certainly be made.
Essentially, those changes would, in many instances, elevate
homicide offenses that are lower level homicide offenses to a high
level. In some instances, crimes that would now be second degree
murder have been elevated to first degree murder, particularly if
a felony is being committed and the child dies or if the child has
previously suffered serious physical injury at the hands of the
same perpetrator and then dies in the second instance.
MR. GUANELI stressed these are not easy cases to prove.
Oftentimes, what happens is that when a child dies, the autopsy
reveals broken bones or other injuries that had been previously
inflicted, and if it can be proven those injuries were committed by
the same person, then this in the department's view would serve to
elevate that from a lower level offense to first degree murder. In
other instances, things that would be manslaughter (indisc.)
homicide have been elevated to second degree murder if there is a
history of physical violence with the person who had been
previously convicted of an assault on the child. With respect to
manslaughter and criminally negligent homicide, the bill elevates
the sentencing provisions so the presumptive term would go from
five years to seven years for manslaughter involving a child. He
noted the sentence is seven years for seriously injuring a child
under first degree assault and only five years for committing
manslaughter. It's an anomaly in the statutes, but at least with
respect to children, HB 375 corrects that. With respect to
criminal negligent homicide, the legislation makes a C felony a B
felony and does some minor tempering with the sentencing provisions
so the judges have a greater range of sentences that can be
imposed. He said that oftentimes with homicide offenses, the
differences between criminal negligent homicide and manslaughter
and second degree murder often turn on some fine gradations of how
the law defines the mental state a person has to have in committing
those offenses. It's very easy sometimes for juries to give
someone the benefit of the doubt and convict them of a lesser
offense.
Number 0687
MR. GUANELI said with respect to the laws regarding endangering the
welfare of minors, after the incident of the infant dying in
Fairbanks, there was a lot of soul searching by the Department of
the Health & Social Services. Social workers were commenting that
the District Attorney's Office never prosecutes cases involving
criminal neglect of children. He believed that reflected in some
ways, a misunderstanding about the criminal laws and there really
is nothing in current law that reflects criminal neglect of
children. There is endangering the welfare of a minor which is
intentionally deserting a child under circumstances where the child
can be injured, but really nothing else. In looking at those
statutes, it seemed appropriate to create a statute that would
address some of the more egregious situations. A couple that came
to mind was leaving a child with a known sex offender when there's
no one else present and leaving a child with someone who has
previously physically assaulted the child. Oftentimes there are
cases where a mother knows or has reason to believe that a
boyfriend or the father of the child has been abusing the child,
and leaves the child in that person's care and the child ends up
dead. The boyfriend or the husband is prosecuted, but isn't there
some culpability on the mother's part as well.
Number 0776
CHAIRMAN BUNDE gave an example where a mother and her children are
in an abusive relationship, the mother leaves and comes back, then
one of the children is abused to the point of death. He asked
would the mother, by coming back and living with the abusive
father, be chargeable under these statutes.
MR. GUANELI responded if the person had been previously physically
assaulting the children, yes the mother would be chargeable if she
went back to that relationship and left the children. The idea is
leaving the children with the person with no one else available.
Number 0825
MR. GUANELI explained there was another area of neglect that social
workers often find in cases; that is parents who use drugs and
parents who are incapacitated by alcohol to the point of being
passed out in the house and there are infants in the home - parents
who simply leave their infants alone for periods of time. The
issue was should we criminalize that, should that be made criminal
behavior, is that a criminal justice issue. This legislation makes
that a violation; not a crime that a person could go to jail for
but it's something where if relatives know what's going on, they
can call the police and the police can take some action. It
essentially brings a person into court who can be cited for the
offense, the person can be fined, put on probation, ordered to seek
drug or alcohol counseling, et cetera. It doesn't put the person
in jail but it establishes a track record of conduct that's
dangerous to the welfare of children; conduct by parents that's
neglectful. He noted this is a significant change in the law and
could potentially have a significant impact on the workload of some
police agencies.
Number 0928
MR. GUANELI said with respect to child support, in this day of
welfare reform and cutting off welfare benefits, the department
believes an important aspect of child care is having an adequate
source of income for many single parents and there should be
stronger penalties associated with the most egregious cases of
criminal nonsupport. This legislation proposes to make a felony
level criminal nonsupport for those people who owe an amount in
excess of $10,000 and fail to pay child support. He said, "Now a
couple of things I want to note about this. First of all, if you
stole $500 from somebody, that would be a felony offense. Yet
under current law, if you owe your ex-wife $10,000, $20,000 or
$50,000 or in the most serious case I've been told of, $200,000+;
that's not a felony offense. I think that that is wrong.
Secondly, I don't want anyone to get the idea that someone who
perhaps is -- an action is filed in an administrative agency that
makes these determinations or an action is filed in court and they
calculate back arrearages and let's say the person owes $15,000 --
I don't want anyone to think that all of a sudden they're a felony
at that point. The offense would be committed if they owe that
amount of money and they are not currently paying child support,
having currently had a payment schedule that they are trying to
meet. That's an important aspect. The other important aspect is
in any child support criminal action, the state bears the burden of
showing not only that the person isn't paying, but the person has
the ability to pay. Either they have the assets and they aren't
paying or they're able to work but they intentionally are not going
to work. So we have a fairly high burden; we have to prove that
the person isn't paying and that they have the ability to pay."
Number 1035
CHAIRMAN BUNDE commented this legislation is about child protection
and wondered if this portion about criminal child support would
better fit in other child support legislation.
MR. GUANELI said from a legal standpoint, it certainly complies
with the single subject requirements under the law and
constitution; in other words, he believes this is a legal and
proper subject for this bill. With respect to single parents
having the ability to care for their children; i.e., being able to
get medical care, being able to get a babysitter if needed, he
believes that child support really is germane to protection of
children.
Number 1195
REPRESENTATIVE GREEN said, "You also covered the $10,000 in
arrears. There's another bill working its way through that
indicates that if the ower [obligor] was not properly notified or
timely notified, that there could be a significant amount of money
built up and then all of a sudden that amount of money is due. Are
you saying that there is in essentially all cases, an ability to
work that out instead of just suddenly being confronted with this?"
MR. GUANELI responded that's what the department envisions. The
offense is for individuals who intentionally stop making payments
and have the ability to make payments.
Number 1238
CHAIRMAN BUNDE asked if he was correct in that there's a difference
between failing to pay child support and criminal failure to pay
child support. He understands that criminal failure to pay is
where a person is intentionally hiding assets or .... In other
words, a person who suddenly lost their job and is behind in child
support is not liable to a charge of criminally failing to pay
child support.
MR. GUANELI said that was correct. The state bears the burden of
proving beyond a reasonable doubt that a person has the ability to
pay and is refusing to pay.
Number 1357
REPRESENTATIVE PORTER recalled a constituent who had been paying
child support directly to the obligee for some time was challenged
about two weeks before the support would end and was required to
produce payment records. In that case, the burden of proof was on
the obligor, not the obligee, to prove that payments had been made
over a number of years. He was unable to produce all the records
and ended up being stuck for the amount he was unable to verify.
He asked Mr. Guaneli if this type of situation would constitute a
felony.
MR. GUANELI said he believed the state would have the burden of
proof of proving that the amount of arrearages is in excess of
$10,000. It is, however, a different situation than the
administrative proceedings.
Number 1357
REPRESENTATIVE PORTER presumed that the provision that would make
it a crime for a parent to leave a child with a known sex offender
is offset if the child is left with a babysitter who is over 12
years old. He suggested raising the age level.
MR. GUANELI responded it was the legislature's job to draw lines;
the department drew the line at age 12 because that seemed a
reasonable age at which people get sitters and it's difficult to
find sitters who are 15- or 16-years of age.
Number 1410
CHAIRMAN BUNDE announced the committee would begin taking testimony
via teleconference.
Number 1448
KAREN LEONARD testifying via teleconference from Anchorage,
recognized that HB 375 attempts to resolve issues everyone is
concerned about, but she said it is too broad. It goes beyond any
new federal requirements and it essentially ends up "throwing the
baby out with the bath water." She suggested that additional input
is needed from the private sector, not just the attorney general's
office and that the minimum requirements of the new federal
regulations be determined and then a balanced bill be drafted over
the next year so it's done right. She noted over the past year,
the public has made it very clear that it wants more accountability
from the Division of Family and Youth Services (DFYS); however,
HB 375 does not increase accountability, but rather reduces the
existing accountability to zero with immunity. If the number of
children coming into the system is expanded, which HB 375 will do,
where are the funds going to come from? She suggested that the
next year be used to review what the Lower 48 has done to
accomplish phenomenal safety records for their children and the
same be done for Alaska's children.
CHAIRMAN BUNDE thanked Ms. Leonard for her comments and asked
Yolanda Boma to testify next.
Number 1579
YOLANDA BOMA testified via teleconference from Anchorage regarding
the immunity issue. She said under HB 375, the DFYS would not
longer be accountable for obeying sections of regulations and
procedures. This legislation makes the DFYS immune. She urged the
committee not to pass HB 375.
CHAIRMAN BUNDE thanked Ms. Boma for her testimony and asked Harry
Niehaus to present his comments.
Number 1645
HARRY NIEHAUS testified via teleconference from Fairbanks. He said
there were two things he didn't like about the legislation;
specifically, page 2, line 13 and page 2, line 25 through page 3,
line 2. He said this legislation is vague and gives broad
discretionary powers to social workers.
CHAIRMAN BUNDE asked Gene Altig to present his comments next.
Number 1789
GENE ALTIG testified via teleconference from Fairbanks in
opposition to HB 375. In his opinion, the legislation is too
complex, it endangers the family and children, it's too vague and
it shows no accountability. Children are this country's greatest
asset and their well-being is of utmost importance. The importance
of bonding children to their parents before age 6 is (indisc.) out
in this bill. It is his opinion that wrongly removing a child from
the parents would do terrible damage to the child and would do more
to cause anti-social behavior than minor abuse. He believed there
is a need for accountability, not immunity from liability.
CHAIRMAN BUNDE asked Michael Coons to testify.
MICHAEL COONS testified via teleconference from Mat-Su in
opposition to HB 375. His concerns are with the child fatality
review and the multidisciplinary teams. He urged the committee to
read his written comments that had been faxed to the committee.
With respect to funding, he said that correcting the problems will
require good programs, as well as money, in order to operate
effectively. He's not opposed to funding programs that work, but
he is opposed to funding a program without a history of quality
results, such as the case of the DFYS.
CHAIRMAN BUNDE asked Cathy Baldwin-Johnson to present her comments.
Number 2140
CATHY BALDWIN-JOHNSON testified from Mat-Su via teleconference in
support of HB 375 and said the problems are of enormous magnitude
and major steps are required to correct it. She said Alaska's rate
of substantiated child abuse is three times the national average.
Child sexual abuse reports in the Mat-Su Borough more than doubled
from 1993 to 1996 and currently, the local law enforcement agencies
receive at least one to two reports daily of a child being
molested. Fatal child abuse in this state is on the rise with
homicide now the third leading cause of death for Alaskan children
ages 1-9. In the Mat-Su Borough, 11 percent of child deaths are
due to assault or homicide and 8 percent of Alaskan infants who
died (indisc.-coughing) die because of abuse or neglect. She said
that child abuse is a significant risk factor for juvenile crime
and substance abuse. The local office of the DFYS is currently able
to investigate about one-third of its over 1400 reports of child
abuse and neglect each year due to lack of staff. She stressed the
importance of local multidisciplinary teams to better investigate,
evaluate and treat victims and their families. Better prosecution
of offenders is needed in addition to better programs to prevent
child abuse in the first place.
TAPE 98-24, SIDE A
Number 0002
CHAIRMAN BUNDE asked Douglas Stuart to present his comments.
Number 0013
DOUGLAS STUART testified via teleconference from Homer and said
House Bill 375 is a comprehensive, well-researched and very
necessary piece of legislation and he supports the intent. When
adults do not take responsibility for protecting their children or
their children's rights, the social service agencies must step in
to protect those endangered. Children are this generation's legacy
and that legacy must be protected from neglect, abuse, violence and
sexual predators. House Bill 375 empowers the agencies, foster
parents, birth and adoptive parents with better ability to take
over when others fail. Today's society is one of lost values,
family values, neglected children, acts of violence. The
inevitable result of all this is what is seen in the breakdown of
family and family values. He said that House Bill 375 is the
necessary answer to this situation and requested the committee to
support this legislation.
CHAIRMAN BUNDE thanked Mr. Stuart for his testimony and called on
John Street to testify next.
Number 0110
JOHN STREET testified via teleconference from Kenai. He said
there's a lot of fighting going on involving issues that do not
affect our children. The main thing that needs to be addressed
today with this legislation is what's good for the children and
this is the best thing he's seen to date because the bottom line
says "best for the child." The best place for normal children is
with normal loving parents, all other situations belong to the
child, all choices that are out of the ordinary are for the child.
He asked committee members to consider the good this bill could do
and even though it's not perfect, it's the best thing so far. He
urged the committee to pass HB 375 now as time is everything to
some children; in some homes there is no tomorrow.
CHAIRMAN BUNDE asked Rick Krueger for his comments at this time.
Number 0308
RICK KRUEGER testified from Ketchikan via teleconference expressing
concern with Section 11.51.115 regarding criminal nonsupport in the
first degree. He had provided Chairman Bunde with a copy of the
Ombudsman's investigation on his case with the Child Support
Enforcement Division and as he understands this section, his assets
could have been seized without him even being aware this debt was
accumulating by aid to families with dependent children (AFDC)
payments. He reiterated his opposition to this section.
CHAIRMAN BUNDE asked Nancy Seamount to come forward to testify.
Number 0413
NANCY SEAMOUNT said she had worked with children's services
agencies and education continuously since 1981. During the 1980s
she spent five years as an elementary counselor in Juneau schools
and it was during this time she encountered most closely the
problems in Alaska in terms of child protection. She began to tell
anyone who would listen that no one should go to bed at night
assuming that children were being protected. She called the DFYS
daily to advocate with little to no effect for the children. The
laws and programs that existed were, and are today, a flimsy cover
for what actually exists; children living in terror and utter
loneliness every day of their lives and an ineffective system that
keeps mandatory reporters reporting with little to no results for
children. In fact, she had vivid memories of reassuring these
children after revealing abuse to her, that she would need to
report it, but someone would come to help them feel safe and help
their family get better. This was essentially a lie. The feeling
of great powerlessness and the inability to tell this lie anymore,
was one of the key reasons she chose to leave elementary counseling
and work with kids at the high school as a teacher. Being in the
small town of Juneau, she has watched these very children she was
unable to protect grow up and for the most part, lead miserable and
unhealthy lives. She looked for some of these adult survivors to
testify and all of them she contacted were unable to come due to a
variety of personal reasons including suicidal depression, active
alcoholism, incarceration, et cetera.
Number 0523
MS. SEAMOUNT said after reading House Bill 375, it is her belief
that it addresses many of the key issues that have undermined the
child protection system; in particular, the 12-month time limit for
parents to get their act together before permanent placement
occurs, the intervention and treatment in child abuse cases
occurring earlier in the family's history, placements for children
after extreme levels of family violence and that the DFYS would be
held more accountable.
CHAIRMAN BUNDE thanked Ms. Seamount for her testimony and asked Ms.
Largents to present her testimony.
Number 0643
KAREN LARGENTS, Representative, Anchorage Center for Families,
testified from Anchorage via teleconference. She is the director
of the home-based services. The family support and preservation
support provided by this agency are based on values and philosophy
that the best place for children to grow up is with their family
when safety and permanence can be assured. She said when the state
intervenes in a family's life because of risks to a child's safety,
the state also has a responsibility to parents to make clear what
needs to be different in order for the child to return, the time
frame for the changes and then a system in receiving the services
needed to make those changes. It has been the personal
responsibility of the parent to make the choice to utilize those
services and make the changes and to do so in a time frame that's
consistent with the child's well-being. One of the greatest
tragedies for a child is to lose their home and then left to drift
in the foster care system. The agency believes that HB 375 and
companion measure SB 272 appropriately hold both the state and the
parent responsible and accountable for their respective parts in
this process. There's a limit to how long a child can wait for a
parent to change; the parent's time frame may be too long for a
child. The agency supports this proposed legislation because it
offers changes in the whole system of child protection and because
it values the life of the child.
CHAIRMAN BUNDE asked Dino Allen to testify at this time.
Number 0682
DINO ALLEN, Chair, Citizens Foster Care Review Board, testified via
teleconference from Anchorage. He said part of their mission
aligns with this legislation, which is the independent review of
children in foster care. The agency believes this legislation goes
beyond that of any other legislation to help children who linger in
out of home placement get back where they should be. Resources
should be combined as much as possible to prevent child abuse and
neglect and to move toward permanency for children to ensure they
have a good start at becoming productive citizens.
CHAIRMAN BUNDE called on Andy Harrington to comment next.
Number 0760
ANDY HARRINGTON testified via teleconference from Fairbanks in
general support of HB 375 and encouraged favorable committee
action. His one concern was with Section 40; the requirement for
the department to make reasonable effort in a timely manner to
prevent the need for removing a child from the child's home, or to
make it possible for the child to return safely to the child's home
following removal. He said under current law, these efforts are
required in virtually all cases which he believed was a wasted
effort in some cases. This legislation substitutes a blanket rule
to the opposite effect based on a finding by a preponderance of the
evidence that certain offenses have been committed, and the
offenses would include, for example, indecent exposure. He did not
agree that an incident of indecent exposure proven by (indisc.)
preponderance of the evidence should suffice to relieve the state's
obligation to make reasonable effort. He said this is a minor
criticism and overall, the bill makes some very needed changes in
the child in need of aid system, but he thought the legislation
would be a hollow promise if it's not backed up by sufficient
resources to make sure the DFYS, the Attorney General's Office and
other agencies involved are able to carry out the responsibilities
this bill places on them.
CHAIRMAN BUNDE thanked Mr. Harrington for his comments and next
called on Karre Fisher to testify.
Number 0867
KARRE FISHER testified that she is a student at Juneau Douglas High
School and would like to see the provisions of HB 375 adopted.
She's been frustrated with the reluctance on the part of the DFYS
to remove endangered children from volatile situations. She had
a friend living in an alcoholic home environment who suffered
repeated abuse such as cigarette burns and bruises. A report was
filed but the only result was counseling and anger management
classes for the parents. Her friend remained in the home but
nothing changed in the home environment and the case was closed.
CHAIRMAN BUNDE thanked Ms. Fisher for sharing her comments with the
committee and asked Norm Blakely to testify.
Number 0995
NORM BLAKELY testified from Kenai via teleconference in opposition
to HB 375. He said there were probably some good things in the
bill, but he suggested that additional time be spent re-evaluating
and redrafting the legislation. He expressed concern about a
person being accused of sexual abuse of a child but is innocent and
hasn't been able to see the child for years.
CHAIRMAN BUNDE called on Larry Erickson to testify next.
Number 1085
LARRY ERICKSON testified via teleconference from Kenai. He
referenced page 3, line 11 - 28, and said this seems to set the
philosophy of this legislation and while our children are
important, he believed the studies referred to on page 11 should be
identified. He expressed concern about the criminal nonsupport
aspects of the legislature. In general, he's opposed to HB 375.
CHAIRMAN BUNDE asked Lt. Bill Grifford to testify next.
Number 1144
LT. BILL GRIFFORD, Anchorage Police Department, testified via
teleconference from Anchorage and said he has seen more abuse and
neglect than he cared to remember. Children abandoned, starved,
slapped, kicked, beaten with belts, burned and branded, caged in
dog kennels, tied up in bed, broken arms, legs and skulls; killed
because they would not pick up their toys, cried too much or would
not stand on their under-developed legs. He said these are the
injuries we can see and feel; what cannot be seen and felt is the
long term emotional harm done to children. He said this bill
allows us, the protectors of the children to act in a quicker
manner, to stop the violence, and move to terminate parental rights
when necessary. Reducing the time to closure puts the child on the
road to recovery quicker, demonstrates they can trust adults and
allows the workers to get on to the next case. This bill will also
allow investigative information to be shared and the ability to
work more closely as a team. Combining investigative resources
allows for a more efficient investigation in both time and money,
reduces the duplication of effort and allows agencies to better
understand the needs of each other. This bill will reduce crime in
the future. He referred to the long term emotional effects of
abuse and said today's abuse victims far too often become
tomorrow's criminals. Many murder suspects describe a childhood
filled with abuse; children learn what they are taught. This
legislation is a comprehensive package and will help to protect our
children and be a benefit to our children.
CHAIRMAN BUNDE thanked Lt. Grifford for testifying and asked Jay
Blair to testify next.
Number 1265
JAY BLAIR testified in support of HB 375. He told the committee of
an incident where he was visiting at a friend's house and witnessed
the grandfather throw one of the younger children across the room
because he didn't eat his dinner. While he is no longer a friend
of this individual, he has observed that the grandfather's abuse
has rubbed off on the children. He urged the committee to support
HB 375.
CHAIRMAN BUNDE thanked Mr. Blair for his comments and asked Deidre
Phayer to testify.
Number 1418
DEIDRE PHAYER, Executive Director, Covenant House, thanked the
committee for the opportunity to testify on behalf of children who
are at risk. As a professional who sees on a daily basis the
victimization of kids she is in support of HB 375. She said this
bill promotes zero tolerance for the continuing victimization of
kids. These are kids who are vulnerable because the very people
who are supposed to protect them are often the ones who are putting
them at great risk and the abuse that she sees all too often
continues without consequence. She is hopeful the resources will
be attached to make this a piece of legislation that will truly
improve the quality of life for our children. She said as we all
know, children need to be the number one priority because their
voices are silent and they are very vulnerable. She concluded,
"And also please remember, as our elected officials, you are the
voice of these children and they are dependent upon your wisdom and
good judgment."
CHAIRMAN BUNDE thanked Ms. Phayer for her comments and asked Pam
Karalunas to testify.
Number 1499
PAM KARALUNAS testified via teleconference from Fairbanks. She
supports the intent of HB 375 and expressed her appreciation to the
drafters. She works with families in which children have been
molested (indisc.-child talking). She has had personal experience
with the DFYS in that her daughter was taken custody of by the
state. Her primary concern with HB 375 had already been expressed
by Andy Harrington on Section 40 on reasonable efforts relating to
child sexual abuse. She said what's not acknowledged in the
legislation is that with incest cases, part of the reason incest is
so damaging to children is because they love the perpetrator. This
legislation does not allow for that; in fact if anything, it gives
the perpetrator a bit more ammunition when advising the child not
to tell; e.g., if you tell, I will no longer get to be your daddy.
It eliminates any possibility for successful reunification or the
therapy support for the child as far as the responsibility section
in hearing the person they love taking responsibility for what
happened and the role they had. She supported increased
accountability for both parents and the DFYS. She encouraged the
committee to take swift action.
CHAIRMAN BUNDE thanked Ms. Karalunas for testifying and called on
Linda Haim to testify.
Number 1636
LINDA HAIM testified via teleconference from Anchorage. She's a
volunteer working as a court appointed special advocate and said
in the last year and a half she's been involved in the life of a
baby who was taken into custody shortly after birth. She said
there are two proposed changes to the law that would directly
impact this child in a very positive way. Those are the changes
involving the termination of parental rights and the requirement
that efforts to find a permanent home for children in custody be
documented. The child she represents was born with cocaine in her
system and the mother had also been using alcohol throughout her
pregnancy, so it is likely the child will suffer from fetal alcohol
effect. She was abandoned in the hospital and her mother has made
no effort to see her since. This is a woman who has more than a
13-year history with the state; she had four other children - one
supposedly died of Sudden Infant Death Syndrome, two were taken
into custody and subsequently adopted and the other, who is now a
teenager, is so severely emotionally disturbed that finding a
placement for her is next to impossible. This mother has a history
of chronic mental health illnesses, substance abuse and has been
arrested for child abuse. Termination of parental rights should
never be done without very serious consideration; however, there
are times when it is crystal clear that termination is (indisc.-
coughing); this is such a case. Why then has it taken over a year
and a half to file the paperwork - she believed the system was
simply overwhelmed and the law does not give clear guidelines. It
was obvious from the outset that this mother was an unfit parent
and since the child is a Native Alaskan, it was clear that Indian
Child Welfare Act (ICWA) procedures will need to be followed in
finding a placement for her, which meant the father needed to be
located. If he was not found to be a suitable parent, then other
relatives would be pursued, followed by tribal members, et cetera,
until a permanent placement could be found. Initially, she was
surprised that she was the only one involved in the case making any
effort to find the father and other relatives; now she's simply
appalled that after a year and a half she's still the only person
trying to find a permanent placement. In her opinion, the proposed
changes to the law will create accountability which is sadly
lacking now.
CHAIRMAN BUNDE thanked Ms. Haim for her comments and asked Deborah
Honea to present her testimony.
Number 1740
DEBORAH HONEA testified from Fairbanks via teleconference. She and
her husband are foster parents specializing in children from birth
up to the age of three that have been drug and alcohol exposed or
affected before birth. She agreed with the comments of the
previous testifiers who supported this legislation, but in her
opinion it doesn't go far enough.
CHAIRMAN BUNDE thanked Ms. Honea for her testimony and asked David
Leone to present his comments.
Number 1767
DAVID LEONE, Executive Director, Resource Center for Parents and
Children, testified from Fairbanks via teleconference in support of
HB 375. He thanked everyone for their effort in putting the needed
changes in legislation that protects our most precious resource in
the state. He agreed with the previous speaker that children need
to be our priority because they are the future. He referred to
page 8, line 6, and suggested the language read, " .... knowing
that a person at least 12 years old is not present, and knowing the
other person ...." He expressed concerned with the verbiage in
Section 11.51.100 in that he, as a parent or family member in
crisis, needs to go to the sex offender registry to ensure that
he's not leaving his child in an agency or with a group where there
is a registered offender. Also, with respect to Section 20, he
suggested verbiage be added to mandate that agencies partially or
fully funded by the state do a better job of checking the
background of hirees to prevent the hiring of an individual who is
a registered sex offender. He referred to page 24, line 18, and
suggested that "immunization" be added after medical attention. He
concluded this is a very strong bill and something that's needed to
protect the children. He stressed the need for consistent,
continual support for prevention so these issues won't have to be
revisited in the future.
CHAIRMAN BUNDE thanked Mr. Leone for his comments and asked
Patricia George to present her testimony at this time.
Number 1922
PATRICIA GEORGE testified that she has been a school teacher for 22
years; 20 of which have been in Juneau and she wanted to share with
the committee the reality of the classroom. She hears stories from
children of auto accidents because the parents were drunk but the
children are blamed because they screamed in fear; stories of
moving to the AWARE Shelter the previous night and that mom is
going to pick up the child up after school, but no one comes, and
then the boyfriend calls and says send the child home. Since the
boyfriend is not listed on the attendance records, the child cannot
be released. Calls to the DFYS are unsuccessful; calls are made to
the police; calls to the AWARE Shelter are unsuccessful because of
confidentiality; three and a half hours after school is over, the
mother shows up and is taking the child back to the house. She
said there has definitely been an increase in these incidents
during the last five years. One year she had 24 students; 4 of the
10 little girls had been molested and 6 of the kids had parents in
jail at various times during the year. During the last two years,
she's been advised by the DFYS staff that an investigation will not
even be done unless the child is in imminent danger, or if the
child is not in imminent danger, the dangerousness of the situation
is evaluated on a scale and may be investigate within 72 hours or
a week. She expressed the importance of proper funding for this
legislation.
Number 2042
CHAIRMAN BUNDE remarked the agency may need more money and that's
what the committee is trying to determine, but there also needs to
be a better management tool so these children don't get lost in the
system.
Number 2085
BARBARA MALCHICK, Child Advocate, Office of Public Advocacy, (OPA)
testified via teleconference from Anchorage. She has represented
hundreds of children during her 13 years with the Office of Public
Advocacy. She reminded committee members it was the OPA that
originally brought to the public's eye that the state's child
protection system had not been doing a very good job of protecting
Alaska's children. The OPA believes the government system, as well
as the abusive and neglectful parents, need to be held accountable.
She expressed support for HB 375 because it strikes a better
balance between parents' rights to raise their children as they see
fit and children's rights to live in safe and permanent homes.
Although everyone gives lip service to the best interest of the
child, the proposed law actually spells out in black and white that
it's the child's best interests that are of primary concern. She
said one of the most important aspects of the legislation is that
it establishes time lines that are based more on the child's sense
of time rather than the adult's sense of time. To a young child,
six months to a year is virtually a lifetime to them. The time
lines give a clear (indisc.) to all the participants in the child
protection system; i.e., the DFYS, parents and the courts, that
quicker action must be taken to ensure the child is either returned
home or placed permanently with a relative or another adoptive
home. This legislation tells the DFYS that timely services must be
provided to families to either keep the family together or to
promote unification and if those services fail, timely efforts must
be made to find a permanent home for the child and document those
efforts.
MS. MALCHICK continued that to parents, this legislation, while
preserving all their legal safeguards, gives them one year to get
into treatment and make the changes necessary to allow them to take
care of their child. No longer can they wait for years or until
the eve of the termination trial to start treatment. To the courts
this legislation says that hearings must be conducted in a timely
manner, decisions made in a timely manner and appellate decisions
must be made timely. But most importantly, to children this
legislation says no longer will the system make you wait years and
years in foster care, while your parents get chance after chance to
make changes. In conclusion, she read a poem that had been written
by a child who had been in foster care.
CHAIRMAN BUNDE thanked Ms. Malchick for her testimony and asked
Marion Hallum to present her remarks.
Number 2210
MARION HALLUM, Guardian Ad litem, Office of Public Advocacy,
Department of Administration, testified via teleconference from
Anchorage. She has worked with children and families for the past
15 years; the last five advocating in court for abusive and
neglected children. She said research clearly indicates that
exposure to domestic violence is harmful to children and that
children in violent homes are much more likely to be victims of
child physical abuse themselves. These children are more likely to
end up in the delinquency system or involved in abusive
relationships as adults. Last December she was one of 96 Alaskans
who attended the Governor's Summit on Domestic Violent.
Overwhelmingly, delegates ranging from law enforcement to domestic
violence shelter staff were contending that exposure to domestic
violence should be considered child abuse. She urged committee
members to pass HB 375.
CHAIRMAN BUNDE thanked Ms. Hallum for testifying and asked Janice
Barta to testify.
Number 2303
JANICE BARTA, Guardian Ad litem, Office of Public Advocacy,
Department of Administration, testified via teleconference from
Anchorage. She has 14 years experience working with the child
protection system in Alaska and is currently on maternity leave.
It is her opinion the proposed law will protect the children. She
had spent the previous day helping her replacement worker coping
with a family which has been in the child protection system off and
on since the late 1980s. The mother's substance abuse problem has
resulted in the removal of her children ten times or more over the
years, usually late at night by the police. In each case the
children have been returned and a new case plan begins. Three
times the DFYS has tried to terminate this parent's parental rights
and in each instance, the parent has been given another chance;
most recently, she entered treatment at the last minute. This week
she learned the children's mother is ....
TAPE 98-24, SIDE B
Number 0001
MS. BARTA ... program. These four children, ages 7 - 11 have few
options for permanency at this late stage. She believes the
proposed changes to the law may have prevented this tragedy and can
provide a brighter future for other children once it is passed. In
conclusion, she said children grow up too fast to give these issues
more time and study. She's seen the current law fail children for
14 years and the time to act is now.
CHAIRMAN BUNDE thanked Ms. Barta for testifying and asked Dave
Bartels to present his testimony.
Number 0034
DAVE BARTELS testified via teleconference from Anchorage on issues
not pertaining to HB 375.
Number 0073
CHAIRMAN BUNDE closed public testimony on HB 375. He announced the
committee would again consider HB 375 on Wednesday, March 20.
ADJOURNMENT
Number 0103
CHAIRMAN BUNDE adjourned the House Health, Education and Social
Services Committee meeting at 5:30 p.m.