Committee advances HB 36 after department says court-review changes could reduce hospital overstays for foster children

Rep. Gray, sponsor and member from District 20, presented House Bill 36 during the Senate Health and Social Services Committee hearing on May 13. Committee members had previously heard the bill and adopted a committee substitute; at this hearing the committee considered a revised fiscal note and next steps.

The bill is intended to reduce unnecessarily long acute psychiatric hospital stays for children in foster care by increasing court review hearings and related process changes. Chrissy Vogelie, senior policy advisor at the Department of Family and Community Services, told the committee the department re-examined costs and now anticipates that additional court review hearings would decrease hospital overstays that are currently funded with general funds. “With that decrease, that should offset any kind of cost that we would attribute to attorneys in these hearings,” Vogelie said, summarizing the department’s revised fiscal assessment and adding that the department believes the bill would be budget neutral.

Senators on the committee expressed support for improvements made in the committee substitute. Sen. Giesel said she applauded the modifications; Rep. Gray thanked members and cited an Alaska Supreme Court decision as part of the rationale for change, telling senators the court has identified a need to ensure foster children are not held in acute psychiatric facilities longer than necessary. Sen. Tobin requested additional information from the department about options that are less restrictive than hospital stay and said outstanding written answers to committee questions remained to be provided.

Sen. Klayman and others discussed procedural questions and timings. The sponsor said she expected the bill to reach the Judiciary Committee as soon as the next day, pending remaining work in finance, and committed to providing answers to outstanding legal questions. After discussion, Vice Chair Dunbar moved HB 36 (committee substitute version identified in committee record) from the Senate Health and Social Services Committee with individual recommendations and with a fiscal note showing $0 net fiscal impact attached. Seeing no objections, the committee advanced the bill from committee.

Committee members asked the sponsor and department to provide written answers to outstanding questions posed at earlier hearings, including clarifications about which parties may participate in hearings and what constitutes less-restrictive alternatives to hospitalization. Committee staff also distributed a newly uploaded fiscal note to members and asked bill supporters and staff to remain after the hearing to sign committee paperwork.

The committee set its next meeting for May 15 at 3:30 p.m., when it expects to consider additional bills including HB 70 (emergency medical services operational canines).