SENATE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE April 29, 1998 9:09 a.m. MEMBERS PRESENT Senator Gary Wilken, Chairman Senator Loren Leman, Vice-Chairman Senator Jerry Ward Senator Johnny Ellis MEMBERS ABSENT Senator Lyda Green COMMITTEE CALENDAR SENATE BILL NO. 272 "An Act relating to children in need of aid matters and proceedings; relating to murder of children, criminally negligent homicide, kidnaping, 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." PASSED CSSB 272(HES) OUT OF COMMITTEE PREVIOUS SENATE COMMITTEE ACTION SB 272 - See HESS minutes dated 4/8/98. WITNESS REGISTER Representative Fred Dyson Alaska State Capitol Juneau, Alaska 99801-1182 POSITION STATEMENT: Supports CSSB 272(HES) Russell Webb Deputy Commissioner Department of Health & Human Services P.O. Box 110601 Juneau, Alaska 99811-0601 POSITION STATEMENT: Supports CSSB 272(HES) Susan Wibker Assistant Attorney General Department of Law 1031 W 4th Ave., Suite 200 Anchorage, Alaska 99501-1994 POSITION STATEMENT: Explained the provisions of CSSB 272(HES)and supports it. Marci Schmidt 2040 Wasilla Fishhook Road Wasilla, Alaska 99654 POSITION STATEMENT: Commented on CSSB 272(HES) Diana Buffington Children's Rights Council of Alaska 317 Maple Street Kodiak, Alaska 99615 POSITION STATEMENT: Opposed to HB 375 Pam Gillham P.O. Box 2561 Soldotna, Alaska 99669 POSITION STATEMENT: Opposed to HB 375 Walter Gauthier Guardians of Family Rights Homer, Alaska POSITION STATEMENT: Opposed to CSSB 272(HES) Heather Guildner P.O. Box 75303 Fairbanks, Alaska 99707 POSITION STATEMENT: Opposed to CSSB 272(HES) Gene Altig 4396 Al Cory Road Fairbanks, Alaska 99705 POSITION STATEMENT: Opposed to CSSB 272(HES) Harry Niehaus P.O. Box 55455 North Pole, Alaska 99705 POSITION STATEMENT: Opposed to CSSB 272(HES) ACTION NARRATIVE TAPE 98-40, SIDE A Number 001 CHAIRMAN WILKEN called the Senate Health, Education and Social Services (HESS) Committee to order at 9:09 a.m. Present were Senators Ward, Ellis, and Chairman Wilken. The first order of business before the committee was SB 272. SB 272 - CRIMES AGAINST CHILDREN/FOSTER CARE CHAIRMAN WILKEN announced a HESS committee substitute was prepared for SB 272. SENATOR WARD objected to its adoption. The committee took a brief at-ease. CHAIRMAN WILKEN noted the bill being discussed by the committee was version A, the original bill. He asked Representative Dyson to brief the committee on the measure. REPRESENTATIVE DYSON made the following comments about SB 272. In light of tragedies that were widely reported in the newspapers, the Governor put together a task force on child protective services last summer, in which Representative Dyson participated. The Task force worked to identify problems with child protective services and find solutions. Task Force activities particularly germane to the Legislature were the identification of statutory problems that need to be addressed. Congress passed a child protection law in 1996 that requires state legislatures, in their first session, to bring state laws into conformity with the federal law. The federal law requires that the primary emphasis of state laws be placed on child protection. SB 272 changes the emphasis in Alaska statute from preservation of the birth family to child protection. Susan Wibker was a member of the task force group that worked on legislation. Ms. Wibker has spent most of her career prosecuting crimes against children. Representative Dyson and his staff have spent the last 2+ months working with this group during which time they have probably made 100 changes to this bill. This legislation has been heard by two House committees, and scores of amendments were proposed. As Representative Dyson's "non-sponsor" statement clarifies, SB 272 does not guarantee that the Division of Family and Youth Services (DFYS) will be perfect; it does not guarantee that the Courts will do the right thing; it does not guarantee that every out-of-home child placement will be successful. Portions of SB 272 do strengthen the hand of foster parents and gets them the information they need to know about a foster child, and it allows foster parents to attend placement hearings and court proceedings. SB 272 does not force DFYS to shape up but it does set performance standards, i.e. the federal legislation requires that DFYS focus on placing children in permanent, safe homes; some children have been in the DFYS system for seven years, and have been placed 70 or 80 times. The Legislature cannot pass legislation that will guarantee that birth parents will overcome drug and other social problems. Representative Dyson repeated that if SB 272 passes, the Legislature will be criticized for empowering a rogue bureaucracy and allowing DFYS to use gestapo tactics, and for destroying families, however most of this bill is a major step forward to protect children. Alaska will be disqualified from receiving about $10 million if it does not conform its statutes to federal law. One of the problems identified by the child protection task force was that existing confidentiality laws keep departments and agencies from sharing information about crimes against children. This bill allows involved parties to share information. Several portions of SB 272 are a response to comments by state judges regarding problems in existing law. Current statute requires courts to return a child to his/her birth parents if those parents are willing or able to care for the child. In some cases, a parent has been serving a ten year prison sentence, and although the parent was unable to care for the child, he/she was willing, therefore the court could not require DFYS to permanently place a child. Parents who have sole charge of a child and are incapacitated by alcohol or drugs could be charged with neglect under SB 272. REPRESENTATIVE DYSON explained SB 272 guarantees that foster parents receive information about a foster child. He had a young girl molested at his house by a 14 year old boy in his care who he later learned had two prior molesting convictions. The boy had also set houses on fire. The foster parents the boy was recently placed with received no prior information either. A bill sponsored by Senator Pearce, and another sponsored by Senator Halford, address a significant portion of the criminalization provisions in SB 272 which the committee might choose to remove. SB 272 also establishes a multidisciplinary team to investigate crimes against children, as most jurisdictions throughout the country have done. The intent of that approach is to connect the appropriate individuals in order to prevent a victimized child from having to go through multiple investigations. That process allows some of the evidence to be admissible so that a child does not have to be interviewed numerous times about traumatic events. SB 272 also creates a child fatality review team in statute, to establish a clearinghouse for unexplained deaths of children. The team has begun operation, and has found seven or eight cases in the last 18 months that might have been homicides. DFYS has undergone some profound changes. It has new leadership and is well on its way to dealing with some of its problems. SB 272 contains many accountability reporting requirements. DFYS has committed to privatizing adoption services and has started to privatize foster care services. Number 197 SENATOR WARD asked about the status of HB 375. REPRESENTATIVE DYSON answered it has passed out of the House Judiciary Committee and is now in the House Finance Committee. SENATOR WARD questioned when the Senate HESS committee substitute was produced (version E). REPRESENTATIVE DYSON replied version E is identical to the House Judiciary Committee version which was adopted a week ago. He noted they tried to get all of the amendments put into it but it is not perfect. CHAIRMAN WILKEN clarified that the language in the legislation sponsored by Senator Halford and Senator Pearce is highlighted in blue and yellow ink in the proposed committee substitute. Number 216 SENATOR WARD asked if both Senator Halford's and Senator Pearce's bills are rolled into the proposed committee substitute. CHAIRMAN WILKEN explained they are in the proposed committee substitute, but if the committee substitute is adopted, that language should be removed as it is duplicative. SENATOR WARD maintained his objection to the adoption of CSSB 272(HES). CHAIRMAN WILKEN asked Senator Ward what questions he had about the proposed committee substitute. SENATOR WARD replied he does not understand the contents of the proposed committee substitute well enough to adopt it and he was unsure whether the Legislature should go in this direction. SENATOR LEMAN stated a lot of work has been done on the proposed committee substitute and that it is a good starting point. He moved to adopt CSSB 272(HES), version E. SENATOR WARD objected to the motion. The motion to adopt CSSB 272(HES) as the working document before the committee passed with Senators Leman, Ellis, and Chairman Wilken voting for the motion, and Senator Ward voting against it. CHAIRMAN WILKEN noted CSSB 272(HES) is identical to HB 375. He repeated that the parts of the bill highlighted in yellow and blue ink are addressed by SB 218 and SB 323. He suggested the highlighted sections be removed from CSSB 272(HES). Number 240 SENATOR WARD noted HB 375 has been working its way through the House for quite some time. He asked if it lacks support to pass the other body. REPRESENTATIVE DYSON responded HB 375 is a House Majority priority and is expected to be reported out of the House Finance Committee shortly. CHAIRMAN WILKEN clarified HB 375 was referred to the House HESS, Judiciary, and Finance Committees. It has passed the first two committees and now resides in the House Finance Committee. Number 258 SUSAN WIBKER, Assistant Attorney General, stated she represents the Department of Health and Social Services (DHSS). She made the following comments about CSSB 272(HES). This legislation was reviewed by the House HESS Committee for six to seven weeks, beginning in early February. That committee did a line-by-line analysis of the bill, took significant public testimony, and considered amendments. The bill was then heard by the House Judiciary Committee which also did a line-by-line analysis and considered amendments. Three Representatives are members of both committees and are very familiar with the bill. A committee substitute moved from the House Judiciary Committee around midnight last Thursday to the House Finance Committee. MS. WIBKER stated it has been a pleasure to work with Representative Dyson on this bill. His experience as a foster parent for 20 years provided an invaluable perspective regarding children's needs and problems and interactions with DFYS social workers. Representative Dyson was able to clarify what agency problems are myth and what are real. She agreed with Representative Dyson's assessment that this bill is the result of a lot of committee work, and noted she is happy with the final product. RUSSELL WEBB, Deputy Commissioner of DHSS, agreed with Ms. Wibker's comments. Representative Dyson held DHSS's feet to the fire on a number of issues. DHSS continues to disagree on some very minor aspects of the legislation, but overall the working relationship has been very productive. This legislation is absolutely essential for a variety of reasons, not the least of which is to place children into safe, permanent homes much more quickly. It puts the focus on protecting children and holds DFYS and parents accountable. He emphasized that nothing in this legislation reduces the procedural safeguards in current law for families, and agencies will be held more accountable. He urged the committee to move the bill, as it is very important for the children of Alaska. Number 306 SENATOR WARD asked if the Administration supports CSSB 272(HES) in its entirety and whether any provisions in that version are not mandated by federal law. MS. WIBKER replied portions of the bill are not mandated by federal law. SENATOR WARD asked Ms. Wibker to review those portions. MS. WIBKER stated the criminal portions are not required by federal law. The federal law requires changes in the way DHSS operates; those requirements comprise about half of the bill. Number 318 CHAIRMAN WILKEN asked if the criminal portions of CSSB 272(HES) are the same as the contents of SB 218 and SB 323. MS. WIBKER replied those two bills cover a great deal of the criminal portions. CHAIRMAN WILKEN asked whether deleting those provisions from CSSB 272(HES) will add to, or detract from, this measure. MS. WIBKER said deleting those provisions will not detract from the bill, if SB 218 and SB 323 pass as written. Senator Halford's bill is almost identical to the criminal provisions in this bill, and Senator Pearce's bill is identical to four of the provisions in CSSB 272(HES). CHAIRMAN WILKEN asked if the criminal provisions of CSSB 272(HES) are not federally mandated, so that their removal would alleviate Senator Ward's concerns. SENATOR WARD stated other parts of CSSB 272(HES) are not federally mandated. CHAIRMAN WILKEN suggested removing the highlighted language in CSSB 272(HES). SENATOR WARD objected. SENATOR LEMAN moved to delete the highlighted language in CSSB 272(HES). SENATOR WARD maintained his objection. SENATOR ELLIS indicated he does not object to removing the highlighted language and moving those provisions forward as separate legislation if it is the will of the committee, but he expressed concern that SB 218 and SB 323 will have to travel further as separate legislation at this late date in the session. CHAIRMAN WILKEN asked Representative Dyson to speak on the motion. REPRESENTATIVE DYSON thought Senator Ellis' point was well taken, but he noted that language could be amended back into CSSB 272(HES) at a later point if it looks like SB 218 and SB 323 are not going to make it to the floor. He felt removing that language serves a valid concern of Senator Ward, and that is that CSSB 272(HES) ends up being an omnibus child protection bill. Other committees have already removed portions of the bill that pertained to child support and enforcement and sexual predator registration. Those issues are important but extraneous. He thought simplifying the bill will help it to move along. Number 360 SENATOR ELLIS asked if Senators Pearce and Halford had a preference as to how this legislation be handled. CHAIRMAN WILKEN stated they were not asked. SENATOR LEMAN stated his motion to delete the highlighted language includes adjusting the title to accommodate the deletions, if necessary. CHAIRMAN WILKEN recognized the possible title change as part of the motion on the floor. There being no further discussion on the motion, a roll call vote was taken. The motion carried with Senator Ward voting against it and Senators Ellis, Leman, and Chairman Wilken voting for it. Number 370 MS. WIBKER continued her explanation of CSSB 272(HES). The child fatality review team section begins at the end of page 9 and ends on page 15. Such teams are allowed, but not required, under the federal law, and if those teams are established in statute, their results must be publicly reported or disclosed. Alaska's child fatality review team has been operating, although it is not in statute. Team members can search records under the direction of the medical examiner. A number of experts will be able to gather a large amount of information that would otherwise be protected as confidential, and team members will be able to discuss the information with each other. A death investigation will ensure that a death that may have been written off as accidental, the result of Sudden Infant Death Syndrome or natural causes, was not actually a homicide. Based on the work Alaska's team has already done, DHSS believes as many as 10-12 child deaths per year written off as accidental are actually homicides. MS. WIBKER explained part of the bill required by federal law begins on page 29, line 17. That provision allows foster parents and relatives, who care for children, to be notified of any hearings regarding the child, to attend that hearing, and to be given the opportunity to be heard. Generally, only legal parties to a proceeding and their counsel would attend these hearings. This provision expands those rights to the people who care for the child every day. Number 404 SENATOR WARD noted the reference to the word "tribe" on page 29, line 16, and asked if the bill contains a definition of that word. MS. WIBKER replied the word "tribe" is defined under the Indian Child Welfare Act (ICWA), and that tribes are parties to all proceedings. SENATOR WARD asked if that definition refers to the 218 recognized tribes. MS. WIBKER was not aware of the number and said she would have to look up the definition. DEPUTY COMMISSIONER WEBB stated he believes the tribes referred to are those recognized by the U.S. Secretary of the Interior. SENATOR WARD asked if they are the 218 tribes recognized by Ada Deer or whether it refers to Metlakatla and Tyonek only. DEPUTY COMMISSIONER WEBB said it would be the larger number. REPRESENTATIVE DYSON stated he assumes it refers to the tribes recognized by the federal government. MS. WIBKER continued. Another federally required change, on page 30, lines 7-8, is a practice already occurring in Alaska. The federal law requires that a guardian ad litem be appointed to represent the best interest of the child in any child protective proceeding. Under current Alaska law, a judge may appoint a guardian ad litem; CSSB 272(HES) requires a judge to make those appointments. References to permanency hearings are contained on pages 32 and 33. The federal law requires that every child placed out of the home have a permanency hearing 12 months after removal from the home, and that a permanency hearing be held annually afterward. "Permanency hearing" is a new phrase which pertains to an annual hearing for children in out-of-home placement. Language on the bottom of page 36 requires the court to consider the health and safety of the child as the paramount concern, and is a federally required change. A major shift required by federal law begins at the bottom of page 37, on line 25, with the words "reasonable efforts". That provision requires DFYS to make a reasonable effort to offer services to a family to prevent the need to remove a child from the home, and to enable a child to return home. Under existing Alaska law, preservation of the family and reuniting children with their families was DFYS's required goal in every case, no matter what prompted the removal. Federal law now requires DFYS to immediately seek a safe, permanent home for children living in homes in which a homicide of a child took place, a felony level assault on a child that resulted in serious injuries took place, or sexual abuse, chronic abuse, or torture of a child occurred. In those circumstances, it is not reasonable to ask DFYS to treat a family and return the children home. SENATOR LEMAN asked Ms. Wibker where that section is located in the bill. MS. WIBKER answered that language begins on page 38, line 23. She explained DFYS would ask the court to make such a determination when it believes the level of violence in a home is too high to safely return the child. MS. WIBKER indicated a part of this provision that is not federally required is on page 39, lines 5-9. The additions from line 5 through 31 and on page 40, lines 1-2, are additions to statute that pertain to reasons why DFYS should not make a reasonable effort to return a child to its family. Those additions were added as amendments by committees. The language on page 40, beginning on line 3, pertains to incarcerated parents and is existing law. She explained the federal requirements previously mentioned are on page 38: homicide; felony assault; abandonment; sexual abuse; torture; chronic physical abuse; and chronic neglect. House members preferred the words "mental injury" rather than emotional abuse and emotional neglect, as that term is defined in statute. Number 499 SENATOR LEMAN stated DFYS has made some tragic mistakes in the past that have resulted in children being removed from the home, and only through substantial expenses and time, were the children able to be returned. In one case, a family that practiced corporal punishment in the home had their children removed. The children could not be returned unless the parents signed a statement saying they would no longer exercise corporal punishment. Senator Leman stated corporal punishment can result in physical harm, however appropriate corporal punishment should not be a reason to remove a child from the home and not returned. MS. WIBKER stated corporal punishment is addressed in CSSB 272(HES); it is allowed and not prevented. The legislative findings section of the bill (page 22) provides that parents have the right to exercise reasonable corporal discipline. The point at which that would cross the line to abuse and prompt an investigation is when it rises to the level of what would be considered to be a criminal assault. SENATOR LEMAN clarified he believes there is a line, and when people cross that line, appropriate action should be taken. Number 524 MS. WIBKER continued her overview and stated Section D on page 40 was an amendment added in committee that is not federally required. The provision, beginning at line 24 on page 40, is federally mandated and requires that in any case in which the court determines that it is not reasonable to reunite the child with the family, a permanency hearing will be held within 30 days. The purpose of a permanency hearing is to bring together the parties involved to decide who will raise the child permanently, whether it be a relative, friend of the family, teacher, or foster parent. SENATOR WARD asked if that person must be appointed by the court. MS. WIBKER replied the home must be inspected, licensed, and approved as a placement. A background investigation must also be undertaken, which includes a criminal background and fingerprint check. MS. WIBKER explained a provision pertaining to termination of parental rights begins on page 41. The federally mandated parts of that provision are on page 42, lines 1-11. In the past, DFYS had the discretion to decide when to file a petition to terminate parental rights. Federal law now requires DFYS to file a petition to terminate parental rights in cases where a child has been in foster care for 15 of the most recent 22 months. The purpose of that provision is to prevent children from languishing in foster care for years at a time and to place them in a permanent, safe home. This requirement also pertains to abandoned infants who are defined in state law as abandoned children younger than age 6 because young children need to attach and bond in safe homes. Federal law also requires DFYS to petition to terminate parental rights if a homicide or felony assault of a child took place (page 42, line 9). Number 558 REPRESENTATIVE DYSON assured committee members that in a situation in which one parent is healthy and the other is a perpetrator, the law requires that every effort be made to get the perpetrator away from the child and to keep the child with the healthy parent. MS. WIBKER clarified that provision was an amendment made in committee. The previous requirement under federal and state law required DFYS to always try to avoid removal and exercise a preference for relatives. The amendment was added so that if one parent was violent and the other protective, DFYS should make an effort to leave the child with the protective parent if the violent parent is removed. MS. WIBKER stated the provision on lines 12-16, on page 42, is not federally required. SENATOR WARD asked if it is a federal mandate to petition to terminate parental rights if a child has been in foster care for at least 15 of the most recent 22 months. MS. WIBKER said that is correct. She explained that the remainder of page 42 (lines 16-31) are federally required changes. If DFYS is required to file a petition and does not, it must document a compelling reason to the court for not doing so. DFYS might not file a petition if a relative is willing to serve as a permanent legal guardian for the child. Language at the bottom of page 42 (beginning at line 26) contains a federal calculation for determining the amount of time a child has been in foster care. MS. WIBKER indicated the paragraph on page 43, lines 8-14, pertains to concurrent planning, and is federally required. DFYS must have a permanent plan for a child even when it is working to reunify the child with his/her family. She clarified the portions she just identified regarding the termination of parental rights are some of the most controversial changes. A great deal of testimony was heard in opposition to changing the goal of reunifying children with their parents in current statute. TAPE 98-40, SIDE B REPRESENTATIVE DYSON commented that people in the foster care business have noted that children entering the foster care system now are significantly different than 20 years ago. Many more children have been victims of criminal activity, and the problems encountered by foster parents are exacerbated by the trauma experienced by the children. Of the 15 foster children that have lived with him, three were prostituted in Anchorage, ten had been sexually assaulted, one was chained outside for part of the winter and suffered frostbite as a result, one was rented out to the landlord to cover the rent, and one who is now in federal prison was assaulted by her grandfather beginning at age nine. When that girl was 11 her mother rented her to four high school boys for a weekend and she was hospitalized for 2+ months as a result. He hoped that other foster parents' experience has been vastly different from his, however he has been told that his experience is not atypical. One of the children was prostituted to Asian flight crews on their stops in Anchorage. He stated everyone wants families to work, and some families have problems they can't manage temporarily, but most of the families that DFYS works with are in utter chaos. He encouraged committee members to realize that there are two kinds of families that this bill addresses. The families with temporary problems need all the support the state can give them, but others are victimizing their children. He stated if DFYS decides to remove a child from a home because that home is dangerous, it has to appear before a magistrate within 48 hours and make the case that the child should be in state custody. Parents have the right to contest the removal and to be represented. That system does not always work well because the perception of those parents is that the process is a rubber stamp operation. He did not know whether that is true, but stated DHSS is attempting to educate magistrates and judges to increase their understanding. The parents' representative needs to be empowered to present their side of the case because that is the major protection parents have against arbitrary and capricious acts by DFYS. He stated this bill does not make that process work perfectly. Number 538 MS. WIBKER continued her identification of sections of the bill affected by federal law. The multidisciplinary child protection teams (page 53) are permitted by federal law. Those teams could not be established in the past because of confidentiality restrictions. The federal law permits the use of teams of experts to assist the agency with decision making. The other major federal change requires that anytime DFYS licenses or pays a family to care for children, it must do a thorough criminal background check, including an FBI fingerprint check. The federal law contains guidelines regarding what types of criminal history, such as a sexual offense against a child, would prohibit a person from caring for children. Some criminal histories, if more than five years old, such as a marijuana possession, would not automatically disqualify a person from becoming a foster parent. Number 516 SENATOR WARD asked if the language on page 53, line 23, regarding the multidisciplinary team, is permitted by federal law and not required. MS. WIBKER said that is correct. SENATOR WARD asked who created the team concept under this new federally permitted provision. MS. WIBKER replied the DFYS staff had already begun establishing teams and using them for investigation assistance, and parts of this provision were added by Representative Dyson. CHAIRMAN WILKEN took teleconference testimony. Number 508 MARCI SCHMIDT, a volunteer for Parents United for Custodial Justice, gave the following testimony. Alaska needs to follow the federal law because DFYS workers have a hard time comprehending how to handle cases before them now. She does not know how DFYS will implement all of the changes in the bill that are not federally required. She cautioned the Legislature will have to revisit this issue again in a year or two, and that more damage will occur in the meantime. She questioned how DFYS intends to locate absent parents under the federal parent locator services. CHAIRMAN WILKEN replied Representative Dyson's staff noted the question and would answer it at a later time. MS. SCHMIDT questioned whether the provision giving workers full immunity for job duties should be changed as it makes her nervous. Any worker in the private sector who made a serious mistake would be liable. She asked legislators to consider the Colorado law which is about 12 pages long because she believes CSSB 272(HES) will require too much, too soon. CHAIRMAN WILKEN stated the committee noted Ms. Schmidt's two questions. DIANA BUFFINGTON, President and State Coordinator for the Children's Rights Council of Alaska (CRC), stated the CRC adamantly believes a child has the right to frequent, continuing, and meaningful relationships with both parents and their extended families. A child also has the right to adequate food, shelter, clothing, medical care and education and to protection from sexual, physical or emotional harm. CRC does not support this version of HB 375, nor the previous four or five versions. CRC recommends that the Legislature let HB 375 die. DFYS could wait on recommendations from a legislative commission, as put forth in HB 384. A simpler version of HB 375 could be provided concerning the Adoption and Safe Family Act (ASFA) of 1997 or the Child Prevention and Treatment Act (CPTA) of 1996. HB 375 may one day affect legislators as parents or grandparents, as they find themselves under investigation by DFYS. Donna Shelala (ph) of the Department of Health and Human Services testified in 1996 that, "Close to one million children a year are abused and neglected nationwide. While these numbers may be staggering, we should also be concerned by the nearly two million false and unsubstantiated reports of child abuse and neglect that are wrongly filed, and in some cases maliciously." Other agencies estimate the number of false and unwarranted allegations at 63 to 80 percent. The high level of false allegations lead to more severe cases going uninvestigated or underinvestigated. HB 375 has been misrepresented by the House committees, Ms. Wibker, and Commissioner Perdue regarding conformance with federal requirements. HB 375 cannot be fixed and does not set a standard of duty through the development of a state plan as required by CPTA. DHSS has not been forthcoming with CRC's requests for a state plan filed with DHSS in 1997. Sections 15-17 and 63-77 are not cohesive with the legislative intent of the bill. Those sections need to be independent of the bill. They are the desire of DHSS and are not required by federal law. Those sections are part of CPTA amendments, but they can be delayed until June 30, 1999. Citizen review panels are designed for oversight of the department, not to provide volunteer workers for the agency. If that section in the bill is not altered, CRC will file a federal noncompliance complaint with the U.S. Department of Health and Human Services. CRC believes the child's physical safety and emotional stability is paramount. A DFYS determination will establish substantial risk to the child. The burden of proof should always be on DFYS. Number 406 SENATOR WARD asked Ms. Buffington to submit her written testimony to committee members. CHAIRMAN WILKEN noted Ms. Buffington's testimony, sent to Representatives Hanlon and Therriault, was in committee members' packets. Number 396 PAM GILLHAM, representing herself as a foster parent, stated her concern with CSSB 272(HES) is that it gives DFYS additional privileges and immunity when its record has been extremely poor. The bill contains no provisions to force DFYS to correct its existing problems. The child fatality review team provision prevents that team's findings from being used in court proceedings so there is no use to having the teams. Section 11 provides that a parent merely has to be in possession of a drug to allow DFYS to remove the child from the home. The fact that a parent smoked marijuana does not make that person a bad parent, and under that provision President Clinton could be considered a bad parent. Foster parents should be allowed in the courtroom because they are the people with the most current information about the child. The ability of DFYS to do a criminal background check on a parent when a child has been removed from the home should be a requirement. Ms. Gillham said she does not believe this bill should be passed into law because it contains more bad than good provisions. As a foster parent, she and her husband were interviewed at 1:00 p.m. by DFYS. By 2:30 that same day, DFYS placed a foster child in their home. DFYS did no background check, and did a fingerprint check three months later. She stated DFYS is sadly neglecting its current duties, and to give them more power and duties will cause more problems. Number 333 WALTER GAUTHIER, representing Guardians of Family Rights, asked committee members if they received two newspaper articles he faxed to them. CHAIRMAN WILKEN replied committee members did not receive them. MR. GAUTHIER stated while he applauds Representative Dyson's good intentions, it is possible that DFYS has been cultivating Representative Dyson and legislators to achieve its political ends. CSSB 272(HES) can be likened to outlawing cars because a person was killed by a drunk driver. The shenanigans in the House committees was unbelievable; people who signed up were not allowed to testify, and delays and changes in the teleconference times were purposeful. Public testimony was limited to three minutes per person on a 60 page bill while the bureaucracy droned on and on. The House Judiciary Committee delayed action until midnight on the evening of the Republican convention in Fairbanks. Ms. Wibker testified before the House HESS Committee that almost every part of HB 375 was required by federal law until he distributed copies of the CPTA and ASFA to the committee. Now Ms. Wibker testifies that about six of the 60 pages are actually required by federal law. He asked committee members to take into consideration the political goals of the bureaucrats who misrepresent and exaggerate their interpretation of federal law to achieve more power and money for an agency. CSSB 272(HES) allows social workers to access all federal databases for information on anyone who has been anonymously reported to DFYS. The meetings of the multidisciplinary teams will be secret, as well as their evidence and testimony. The evidence will be non-admissible in court, and not subject to subpoena, yet team members will be able to present their conclusions to the court based on that evidence. The accused will have no ability to cross examine or refute the evidence. He refuted Ms. Wibker's testimony that relatives are always the first choice of DFYS as guardians. In Kenai, 30 grandparents were not considered by the courts as alternative caretakers, and are not even allowed visitation with their grandchildren who are in the custody of DFYS. Mr. Gauthier stated the state will not lose $10 million in federal money for noncompliance as no state has ever been denied Title IV funds. Number 258 SENATOR WARD asked Mr. Gauthier to resend the newspaper articles to the committee, as well as his written testimony. MR. GUATHIER agreed and said he would send website addresses that contain information about the federal legislation. HEATHER GUILDNER, representing herself as a parent, questioned why HB 375 is being considered. The bill pretends to target child abuse, neglect and fatalities, however Alaska law already contains protections against those acts. Although she is the parent of a molested child, she opposes this bill because the innocent parents are constantly suspected of child abuse. Innocent parents become afraid to take their children to doctors and dentists for fear of reports of abuse. DFYS is out of hand and should not be allowed to interpret the vague terms contained in the bill, such as emotional abuse and emotional and social needs. Many good parents are frightened by DFYS. GENE ALTIG, representing himself, stated he agrees that children need to bond to their parents, especially at an early age, so to take a child from a family is an abuse in itself. Children do not feel safe when they are taken from their homes, and giving parents only 48 hours to prove the case is unrealistic. He believes parents who prostitute their children should be convicted of a felony. He believes many of the provisions in the bill could be misinterpreted, such as corporal punishment, or whether parents could be considered neglectful of providing adequate medical care if they did not want their child to take ritalin. He cautioned that the bill does not define the line between abuse and acceptable parenting styles. Also, DFYS workers should not be given immunity for their actions. Number 135 HARRY NIEHAUS, representing Guardians of Family Rights, stated the reason so many people are in opposition to CSSB 272(HES) is that DFYS is a brutal, bureaucratic agency. Many parents rights groups have formed because the rights of the family are being destroyed by the few who are abusive. Social workers need to be held accountable, and the bill needs to contain definitions for terms such as "mental anguish". Parents have had their children removed from their homes for six months for verbal abuse. CSSB 272(HES) should be trashed. BLAIR MCCUNE, Deputy Director of the Alaska Public Defender Agency, stated CSSB 272(HES) has been the result of a lot of hard work. A large part of the Public Defender Agency's case load is representing parents in Child in Need of Aid (CINA) proceedings. The issue being addressed by this bill is at what point does a government agency have the right to intervene in a family's life. The rubber meets the road on this issue on page 26 which describes when DFYS can intervene through court action to remove a child from the home or take other appropriate measures. Regarding the vagueness of the term "mental injury" as noted by a previous speaker, Mr. McCune said that term is defined in AS 47.17.290 but it is fairly broad. He pointed out a section was added on page 26, lines 6-7, that allows the state to take custody if a substantial risk of mental injury exists. He expressed concern that the power that section gives to DFYS is too broad as it goes beyond the line of when the state should get involved. Mr. McCune stated it is important to realize that in the overwhelming number of cases in which DFYS has received a report of harm, the child remains in the home or is speedily returned to the home. Public defenders try to work with families to find placement with relatives to keep children out of foster care. He urged the Legislature to focus on preventive services and treatment services to parents for alcohol and drug abuse. There was no further public testimony on CSSB 272(HES). SENATOR LEMAN commented he concurs with some of the concerns expressed by the people who testified, he applauds Representative Dyson and his staff, as well as DFYS, for working on this issue, and he believes those involved have come a long way in improving Alaska laws to protect children, yet he remains concerned about some of the definitions in the bill and the ability of DFYS to act in an overzealous manner. He stated he would like to request that the Senate Judiciary Committee review the concerns expressed at this meeting. He then moved to report CSSB 272(HES) as amended from committee. SENATOR WARD objected. The motion carried with Senators Ellis, Wilken, and Leman voting to move the bill from committee, and Senator Ward voting against the motion. Therefore, CSSB 272(HES) am passed out of committee with individual recommendations. There being no further business to come before the committee, CHAIRMAN WILKEN adjourned the meeting.