Said in CommitteeBeta

Exactly as spoken.

House Aging, Children & Youth, Legislative & Military Affairs Committee

March 16, 2011
Video Transcript

Bills discussed (8)

Bill Title Sponsor Status
SB625 · 4 mentions in transcript, chapter
Matched: “we'll just start with the Senate bill 625 Senator Madison's all”
Pre-2017 bill
HR1019 · 3 mentions in chapter, transcript
Matched: “HR1019”
Pre-2017 bill
HR1028 · 3 mentions in chapter, transcript
Matched: “HR1028”
Pre-2017 bill
HR1037 · 3 mentions in chapter, transcript
Matched: “HR1037”
Pre-2017 bill
HR1036 · 2 mentions in chapter, transcript
Matched: “HR1036”
Pre-2017 bill
HB2094 · 1 mention in chapter
Matched: “HB2094”
Pre-2017 bill
HR1030 · 1 mention in chapter
Matched: “HR1030”
Pre-2017 bill
SB710 · 1 mention in chapter
Matched: “SB710”
Pre-2017 bill

Official video page ↗

Transcript

Transcript available Whisper ✓ SliQ live captions: not yet available Download .txt
Machine transcript

May contain errors. Verify important quotations against the official video.

About transcript accuracy
Source
Whisper
Model
ggml-large-v3-turbo.bin RTX5060
Processing date
October 5, 2026
Representative Stephanie Malone Chair Unverified 0:00
Members, before we begin, I would like to recognize or welcome Representative Cozart to the committee, so we're excited that you've joined us. Thank you. Excited. No, no, no, we're not taking another picture. Sorry. First up on the agenda today is House Resolution 1019 by Representative Murdoch. Representative Murdoch, you are recognized to present your resolution.
▶ Play Suggest a correction Report an error
Representative Reginald Murdock Unverified 0:30
Thank you, and good morning to
▶ Play Suggest a correction Report an error
Speaker 6 0:36
the committee. House Resolution 1019 is just an amendment of a resolution that I previously brought before the committee. We just had to change to add some names, different names. As Alpha Kappa Alpha, it's a commemoration for their contributions to the community. I was trying to do it on February Black History Month, and we left some names out, and that's why I'm back.
▶ Play Suggest a correction Report an error
Representative Stephanie Malone Chair Unverified 1:06
Members, you've heard an explanation of the resolution. Are there any questions? Seeing no questions, is there anyone in the audience who would like to speak for the resolution, against the resolution? Seeing none, what's the will of the committee? Representative Summers, you're recognized. Move, do pass. We have a motion, do pass. All in favor, say aye. Aye. any opposed no motion carries representative Murdoch since you're down there would you like to
▶ Play Suggest a correction Report an error
Representative Tim Summers Unverified 1:34
go ahead and present House Resolution 1036 yes House Resolution 1036 is established a Furbush Furbush day of
▶ Play Suggest a correction Report an error
Speaker 6 1:40
Lee County on the third Saturday of April in honor of William Heinz Furbush real quick William Heinz Furbush was the first representative from the district I now represent district 52 he happened to be an African-American again something I was trying to get done in the month of February to have it so named, but I'm here now in March. All right, members, you've heard an
▶ Play Suggest a correction Report an error
Representative Stephanie Malone Chair Unverified 2:05
explanation of the resolution. Are there any questions? Seeing no questions from the committee, is there anyone in the audience who would like to speak for the resolution, against the resolution? Seeing no questions or for or against, Representative Summers, you're recognized. Move, do pass. We have a motion, do pass. All in favor, say aye. Any opposed, no?
▶ Play Suggest a correction Report an error
Representative Tim Summers Unverified 2:31
Motion carries. Thank you so much. Yes, she's at the end of
▶ Play Suggest a correction Report an error
Representative Stephanie Malone Chair Unverified 2:36
the table. All right, committee, next up is Representative Lee to present House Resolution 1037.
▶ Play Suggest a correction Report an error
Speaker 20 2:48
Excuse me, you're recognized. Thank you. I'm glad you still recognize me, Madam
▶ Play Suggest a correction Report an error
Speaker 21 2:54
Chair. House Resolution 1037 is honoring the significance of the Butterfield Stagecoach stop at Pottsville – at Potts Inn in Pottsville. If you've never been there, I'd like to invite – first of all, I'd like to invite all of you to come to Potts Inn. It's a really neat historic place to come to. But the Historical Society from Pope County is going to be in Little Rock, and Representative Catlett and I wanted to honor them with this resolution. I don't know if you have the full amendment, so I guess I'm going to have to have a motion. Madam Chair, how does it go? You have to move to adopt as amended. Do you all have the full
▶ Play Suggest a correction Report an error
Speaker 18 3:35
amendment? We do not have a copy of the
▶ Play Suggest a correction Report an error
Speaker 22 3:40
amendment. I do. Okay. Sorry, what? We
▶ Play Suggest a correction Report an error
Representative Stephanie Malone Chair Unverified 3:47
don't have an official copy with a number, so we can't run it.
▶ Play Suggest a correction Report an error
Speaker 21 3:51
Do you have a copy? Oh, okay. It ran through a member's own yesterday, and it just didn't get sent down. Okay. Is it an engrossed copy? Mine is an engrossed copy. Yes, ma'am. Let me just check to see
▶ Play Suggest a correction Report an error
Speaker 29 4:08
if we've got the right one. Is the cost resolution? I made it ahead of technology. Wow. Let me just check to
▶ Play Suggest a correction Report an error
Speaker 30 4:14
see if we may have the amended version.
▶ Play Suggest a correction Report an error
Representative Stephanie Malone Chair Unverified 4:22
Okay. I was going to let you jump ahead of everybody. I didn't realize it was going
▶ Play Suggest a correction Report an error
Speaker 22 4:31
to be so complicated. I totally respect that. You can rule me out of
▶ Play Suggest a correction Report an error
Speaker 21 4:45
order. I'm sorry, Madam Chair. If you don't have it, I guess I will just come back next time you meet.
▶ Play Suggest a correction Report an error
Representative Stephanie Malone Chair Unverified 4:54
We don't have it with the amendment. Do you care to come back on Friday? Not a problem. Thank you. Thank you. Representative or Vice Chair
▶ Play Suggest a correction Report an error
Speaker 42 5:05
Powers, are you ready to run your resolution? Yes. I was going to say, I mean, if
▶ Play Suggest a correction Report an error
Speaker 44 5:12
there's anyone else in there, we'll be able to get something to meet you in here. There'll be something better. You think?
▶ Play Suggest a correction Report an error
Speaker 43 5:27
Yeah. Y'all want to know. Representative. Okay. I don't want to pardon me that's
▶ Play Suggest a correction Report an error
Speaker 49 5:33
what I'm going to get you laughing, but I want to go, you're tired.
▶ Play Suggest a correction Report an error
Speaker 51 5:40
Are you feeling better? I don't know.
▶ Play Suggest a correction Report an error
Representative Stephanie Malone Chair Unverified 5:49
I don't know. Next up is Vice Chair Powers to present House Resolution 1028.
▶ Play Suggest a correction Report an error
Representative David "Bubba" Powers Unverified 6:11
Vice Chair Powers, you're recognized. Thank you, Madam Chair. House Resolution 1028, if you see it in your packet, is a rather lengthy resolution relative to others that we see, but it really tells a whole story. As most of you know, I work in law enforcement with the juvenile court. I have the opportunity to work with policemen quite often, and two of my officers in Hope, who are good friends of mine and certainly good police officers, one, Sergeant David Johnson going through health problems relating to kidney disease and got to the point where he had to have a new kidney to survive. A patrolman who at the time worked under Sergeant Johnson when Sergeant Johnson's family and we couldn't find a match, Sergeant Daniel Aller made a sacrifice that not many of us could have made. And this is a resolution about commitment and, in fact, I think heroism. They're both good people, good officers. This really shouldn't make a difference, but Sergeant Oller is white, or he's a sergeant now. Daniel is white, and Sergeant Johnson is a black police officer. And I think that not only has his sacrifice and commitment brought the police department closer together, but an entire community. So I'm asking that we do pass this resolution and honor Sergeant Aller on the floor of the House of Representatives, and I would appreciate a good vote.
▶ Play Suggest a correction Report an error
Representative Stephanie Malone Chair Unverified 7:47
Members, you heard an explanation of the resolution. Are there any questions? Seeing no questions, is there anyone in the audience who would like to speak for the resolution, against the resolution? If not, what's the will of the committee? Representative Hickerson? We have a motion do pass. All in favor say aye. Aye. Any
▶ Play Suggest a correction Report an error
Representative David "Bubba" Powers Unverified 8:09
opposed, no? Motion carries. Congratulations. Congratulations. Thank you, committee and Madam Chair. And I see Representative Shepard outside the door. Now he's gone now. But I do have a couple of bills we can run now if you want to fill the gap. Or I can step outside to see what Representative Shepard is doing. He's got a witness testifying
▶ Play Suggest a correction Report an error
Representative Stephanie Malone Chair Unverified 8:31
in another committee, and he'll be down here. so we'll go ahead
▶ Play Suggest a correction Report an error
Representative David "Bubba" Powers Unverified 8:35
and okay all right which which bill do you want me to go ahead and run the the two for Madison and Johnson 625 and 710 whichever one you want
▶ Play Suggest a correction Report an error
Representative Stephanie Malone Chair Unverified 8:46
we'll just start with the Senate bill 625 Senator Madison's all
▶ Play Suggest a correction Report an error
Representative David "Bubba" Powers Unverified 8:51
right madam chair with your permission Lisa McGee is gonna sit at the end of the table with me and try to be the expert witness here on these bills okay
▶ Play Suggest a correction Report an error
Representative Stephanie Malone Chair Unverified 9:01
And I believe we have a few
▶ Play Suggest a correction Report an error
Representative David "Bubba" Powers Unverified 9:03
handouts that we're getting to the committee. That's right. We do have a handout that I think may help clarify
▶ Play Suggest a correction Report an error
Representative Stephanie Malone Chair Unverified 9:09
some of this. Ms. McGee, will you go ahead and state your name for the record? Lisa
▶ Play Suggest a correction Report an error
Speaker 65 9:15
McGee, and I'm an attorney with the Department of
▶ Play Suggest a correction Report an error
Representative David "Bubba" Powers Unverified 9:20
Human Services. Thank you. And while the handout is being made, I would just make a couple of comments. that Senate Bill 625 is a lengthy bill, but it makes relatively few amendments to this lengthy bill. The first 26 pages creates a new subchapter in Title IX pertaining to Division of Children and Family Services, and it has 20 sections. And the first three sections are new, and the remaining 17 are sections from existing law. Pages 26 to 50, the bill either strikes existing law that's now been moved to the new section in Title IX, or the bill makes cleanup changes to language left behind in the original code. The substantive changes in the bill are on page 3, line 1. It changed investigations conducted by the department pursuant to court order under 99212 to adoption. Page 4, lines 23-26, it allows DHS to provide notice to fictive kin when a child is placed in foster care Pages 5 and 6 allows half and step siblings to be placed in a provisional foster home Page 7, lines 8-15, it clarifies that juveniles can have trial placements with the person from whom the custody was removed Page 8 clarifies when notice is given when a child disrupts a foster care placement. Page 12, lines 10 through 19, clarifies that siblings will be placed together in foster care, and if not, that siblings will visit unless it's contrary to the safety or well-being of any of the siblings. Page 13 adds language required by the feds to ensure that all school-aged foster children attend school. Page 21, lines 12 through 19, adds immunity for volunteers who perform foster and adoptive home studies for DHS. Page 21, 22, limits restrictions to foster and adoptive homes instead of restricting a foster child from another state from being placed in any home with a person with certain criminal backgrounds. And finally, page 22, line 3, adds domestic battery as a restriction to persons wanting to be foster or adoptive parents. And I understand that's a lot to digest in this lengthy bill, but as you look over your handout and the bill, and if you have any questions, Ms. McGee and I will try to satisfy your questions. So with that, Madam Chair, we will take any
▶ Play Suggest a correction Report an error
Representative Tim Summers Unverified 12:03
questions. Representative Summers, you're recognized. Thank you, Madam Chair. Representative Powers, two questions. First, there's no cost associated with this. Is that correct? That's correct. And in your experience in what you do with the juvenile, do you see this as having positive outcomes for foster children?
▶ Play Suggest a correction Report an error
Representative David "Bubba" Powers Unverified 12:25
I do, Representative Summers, and thank you for that question. And, in fact, every legislative session I've been here, we can always learn whatever the agency is, whether it's DHS or whatever the department may be. And as you know, there are a lot of issues that we face with juveniles, and particularly in the code. And so I think this is just an effort and an opportunity to adapt and to make changes that are for the betterment of this system.
▶ Play Suggest a correction Report an error
Chair Unverified 12:59
Thank you, Representative. Thank you, Madam Chair. Representative Gaskell, you're recognized. Thank you, Madam Chair. Having been a victim of this a long, long time ago, how often do you check on these children? Because they
▶ Play Suggest a correction Report an error
Representative Billy W. Gaskill Unverified 13:20
never checked on me. Well, I'm going to at least answer that. Dr. Gaskell. For child
▶ Play Suggest a correction Report an error
Speaker 83 13:27
who's in foster care, we're required to visit them at least once a month,
▶ Play Suggest a correction Report an error
Speaker 85 13:31
unless they have something that's going on, like if we transition them from one place to another placement, then we have
▶ Play Suggest a correction Report an error
Chair Unverified 13:38
to meet with them more often. One thing I want you to be acutely aware of is when this child is staying with somebody, they know in a heartbeat that these people don't want them, but they don't have any other place to go, and they're going to tell you whatever you want to hear because they need a place to live. So I just want to be sure that they're checked on once in a while. They just ignored the hell out of me.
▶ Play Suggest a correction Report an error
Speaker 87 13:58
And I'm sorry that happened, and you're right. What we do now, too.
▶ Play Suggest a correction Report an error
Speaker 88 14:01
This was 70 years ago, hon. Well, when we talk with our kids, too, we make sure it's not in the presence of the foster parents, because you're right. We're going
▶ Play Suggest a correction Report an error
Chair Unverified 14:12
to get them aside and make sure that they can speak confidentially. The only thing they were interested in me is could I drag a nine-foot pick sack? And to be honest with you, I had a hell of a life until I was 15 years old. But I'm glad to see this, and I'm very much for it. So anything
▶ Play Suggest a correction Report an error
Representative David "Bubba" Powers Unverified 14:28
I can do to help you? Thank you, Madam Chair. Thank you, Representative Gaskell. And I can tell you, in 70 years, it could be a long time for some, a short time for others. But I will tell you that in my day-to-day experiences working with young people, I come in contact with a lot of foster parents. And, in fact, I have some of my own family who provide those services. So the bar has been set a lot higher over the last many years. And this is something that these homes are vetted quite going forward with these kids. I think we've understood that young people, and someone made this comment on the floor in a committee yesterday, these are kids that we understand don't have all the advantages, And so it's very important that we not only be flexible, but adapt quickly to problems that we have. And I think DHS does a good job of handling those cases. So I appreciate your comment. You certainly have my admiration. Thank
▶ Play Suggest a correction Report an error
Chair Unverified 15:33
you, Madam Chair. Representative Meeks, you recognize?
▶ Play Suggest a correction Report an error
Representative Stephen Meeks Unverified 15:41
Thank you, Madam Chair. Representative Powers, page 9, section 9-28-110, smoking in the presence of foster children is that something that it's current law or are we making a change here that is current law okay i just
▶ Play Suggest a correction Report an error
Representative David "Bubba" Powers Unverified 15:54
wanted to double check because i guess
▶ Play Suggest a correction Report an error
Representative Stephen Meeks Unverified 15:57
my concern is is the second part there it says allows an individual to smoke in the presence of a foster child i don't know if um you know how that if that could be used against a foster parent you know if if they're out somewhere, and, you know, I guess I don't, you know, I'm just making sure that that's not going to be used against a good foster. Yeah,
▶ Play Suggest a correction Report an error
Representative David "Bubba" Powers Unverified 16:24
I understand what you're saying, and I would say this, Representative Meeks. Our foster homes, we're in so much need of good foster homes. I don't think anybody's going to be out doing a gotcha on these people, And I think their body of work in virtually every case would stand up over something like that. So I certainly hope so, and I agree
▶ Play Suggest a correction Report an error
Representative Stephanie Malone Chair Unverified 16:50
with you. Okay. Thank you. Thank you, Representative Meeks. I have a question really quickly. On page 9, section 2, lines 11 through 14, if the court finds the agent, employer, contractor of the department failed to comply, it says they have to pay the proceedings. can you explain that part to me is that new no okay can you do go can you go ahead and explain it for me to
▶ Play Suggest a correction Report an error
Speaker 99 17:11
me thank you I can try to and I can tell you it's
▶ Play Suggest a correction Report an error
Speaker 85 17:15
never been used and I think we've had it in there four years now and this is identical to language that the Office of Child Support Enforcement has we knew that Congress is working towards making us reach out and
▶ Play Suggest a correction Report an error
Speaker 83 17:26
affirmatively notify family members when kids came in foster care so we went to child support and said you guys do a great job of finding people how do you do it and they go this great state law and I said oh cool and so we adapted that then for the Department Human Services. And so this allows us to be able to contact cable companies or whatever it is and try to locate family members when we have a child come in foster care. And then there is this penalty section, but, again,
▶ Play Suggest a correction Report an error
Speaker 85 17:47
this has never been used. This has not been an issue
▶ Play Suggest a correction Report an error
Representative Stephanie Malone Chair Unverified 17:54
for the Department, and it is in current law. Representative
▶ Play Suggest a correction Report an error
Representative Kim Hammer Unverified 18:00
Hammer, did you have a question? Okay. You're recognized. Thank you, Madam Chair. powers on page 13 lines 6 through 19 and addressing the school issue and I don't I don't have an agenda in asking this question I just want to make sure that something is covered on here it goes through and lists all the schools that a foster child would have to be enrolled in and it speaks of elementary secondary school it has specifically identifies home schooled under the section private elementary or secondary school the one thing that is not listed here, and I just want to make sure that this language will cover it with the attention being drawn to charter schools. Which one of these sections covers charter schools, and that is the only one that's missing out of the list specifically spelled out that way, or how is it covered?
▶ Play Suggest a correction Report an error
Representative David "Bubba" Powers Unverified 18:48
Well, Ms. McGee tells me that the charter school would fall
▶ Play Suggest a correction Report an error
Representative Kim Hammer Unverified 18:53
under the public school. Okay, so they would be regarded as public school under this terminology. That's
▶ Play Suggest a correction Report an error
Representative Stephanie Malone Chair Unverified 19:00
correct. Okay. Thank you, ma'am. Thank you, Mr. Powers. Representative Hubbard, did
▶ Play Suggest a correction Report an error
Chair Unverified 19:06
you have a question? Representative Walker, you're recognized. Thank you, Madam Chair. Several questions, Mr. Powers,
▶ Play Suggest a correction Report an error
Representative John W. Walker Unverified 19:11
Representative Powers. Yes, sir. Is this act modeled after a National Uniform Act of some kind?
▶ Play Suggest a correction Report an error
Speaker 109 19:19
Ms. McGee's provided me the answer, and she says no. There is a National Act, isn't there, that's uniform? MR. No.
▶ Play Suggest a correction Report an error
Representative David "Bubba" Powers Unverified 19:29
Lisa said no. She said she doesn't know of one.
▶ Play Suggest a correction Report an error
Representative John W. Walker Unverified 19:34
MR. All right. Does this bill address the issue of single person being the foster parent? MR. I'm going
▶ Play Suggest a correction Report an error
Speaker 109 19:42
to let Ms. McGee answer your question. MS.
▶ Play Suggest a correction Report an error
Representative John W. Walker Unverified 19:49
Are you talking about Initiated Act I? MR. Well, I mean, this is not Initiated Act I. act one this is senate bill 625 correct now your question about single person may it may a single person be uh a foster parent yes they can that's a different section
▶ Play Suggest a correction Report an error
Speaker 87 20:05
of the code that's the child welfare agency licensing act that goes starts at 9-28 but it's all to be taken together and yes there's a board that that the governor appoints that sets some standards out like the criminal
▶ Play Suggest a correction Report an error
Speaker 83 20:20
stuff and the background checks and the standards for foster homes and then the agency can have a higher standards and so the CFS has their own promulgation of foster home standards too and I can tell you
▶ Play Suggest a correction Report an error
Representative John W. Walker Unverified 20:33
single people can be accepted under both the minimum licensing regs and DHS policy. What about parents in today's world we have a number of people who live together without the I wouldn't say benefit but maybe the benefit of marriage some of them call it benefit and some don't. Would those people be disqualified from being foster parents?
▶ Play Suggest a correction Report an error
Speaker 99 20:55
And yes, they would. And that's why I asked you if you were
▶ Play Suggest a correction Report an error
Speaker 88 20:58
going to initiate it, that one question. And that was the act that was passed by all the people of
▶ Play Suggest a correction Report an error
Representative John W. Walker Unverified 21:04
the state of Arkansas, and it has been codified in the code book. You've answered, but let me ask you. I was leading to the question, if I may, one more. May
▶ Play Suggest a correction Report an error
Speaker 99 21:15
gay couples be foster parents? The way that initiated act one reads, it says, a minor may not be adopted or placed in a foster home if the individual seeking
▶ Play Suggest a correction Report an error
Speaker 85 21:24
to adopt or to serve as a foster parent is cohabiting with a sexual partner outside of a marriage that is valid under the Arkansas Constitution and the laws of the state. The prohibition in this section applies equally to cohabiting opposite sex and same-sex individuals. And that's at 9-8-304. Thank you.
▶ Play Suggest a correction Report an error
Representative Stephanie Malone Chair Unverified 21:53
if I may have another question I'm on page starting on page 21 where it talks about limit limits restrictions to foster and adoptive homes is that that's new correct new language no most of that's old language
▶ Play Suggest a correction Report an error
Speaker 65 22:10
but there's a a change. Can you explain the change to me? Absolutely. What we had in current law and you can find it if you look
▶ Play Suggest a correction Report an error
Speaker 85 22:18
to the back because you can see we struck everything out when we moved stuff over is right now in
▶ Play Suggest a correction Report an error
Speaker 83 22:25
current law it says any child in foster care in Arkansas there's a certain prohibition against homes you can live in. You know there's a lifetime bar and there's a five-year bar. What we also had in there was any child from another state who came into Arkansas
▶ Play Suggest a correction Report an error
Speaker 85 22:39
was prohibited from being placed in any home, not any foster home. And we thought that was unconstitutionally broad. So that means if we had a foster child in another state coming to the state of Arkansas and they
▶ Play Suggest a correction Report an error
Speaker 83 22:51
were going to live in a foster home with a relative, they couldn't live in that foster home with that relative because of that bar. And so what we did was apply to foster children in Arkansas the same that we would apply to foster children in other states.
▶ Play Suggest a correction Report an error
Speaker 99 23:06
So we made it equal, and that was the only change. Other than that, all the
▶ Play Suggest a correction Report an error
Representative Stephanie Malone Chair Unverified 23:16
rest of this is current language. I'm sorry, just to follow up. On page 22, Section D there, Foster Child in Custody, that's current? If
▶ Play Suggest a correction Report an error
Speaker 85 23:24
you look on page 42, so flip over to 42, and you'll see where I took it from 9-28-409, and that's in the Child Welfare Agency Licensing Act. And you can see where it says no foster child placed in the custody of the department, and it has that list of crimes. And then underneath it it said no foster child in the custody of another state agency Shall be the place in the home of any adult and so that meant their own parents That meant relatives and we thought that was unconstitutionally broad Okay, and so we limited kids from other state now to foster homes and
▶ Play Suggest a correction Report an error
Representative Stephanie Malone Chair Unverified 24:02
adoptive homes Okay, and I noticed that it says a drug conviction or drug-related offense Is that a felony, drug-related offense? Because I know Representative Letting earlier passed a bill about a misdemeanor.
▶ Play Suggest a correction Report an error
Speaker 65 24:13
So does that apply to this, or is it felony? This is limited to felonies. Okay. And this is from the feds. Okay.
▶ Play Suggest a correction Report an error
Representative Kim Hammer Unverified 24:24
Okay. Thank you. Representative Hammer, you're recognized. Thank you, Madam Chair. Correct me if I'm wrong, but is there still a pending lawsuit out there that was brought by parents who wanted, in the event that they should become deceased, their individuals that are of same-sex relationship to be able to adopt their children. Is that still in the
▶ Play Suggest a correction Report an error
Speaker 65 24:48
court system? MS. Oral arguments are tomorrow over at the Capitol,
▶ Play Suggest a correction Report an error
Representative Kim Hammer Unverified 24:54
at the Justice Building. MR. Okay. The next question, then, on page 3, line 1, where it said the changed investigation conducted by the department pursuant to the court under 9-9-212 to adoption. Can you educate us as to how potentially the future outcome of that case is going to have impact on what you're asking us to change?
▶ Play Suggest a correction Report an error
Speaker 85 25:25
this law today nothing because the other statute I just read you right here yes ma'am is also a statute and so that modifies this okay and and forgive my read the two of them together okay right here the fact that I put adoption doesn't trump overhear the restriction in the law all right just what would trump
▶ Play Suggest a correction Report an error
Representative Kim Hammer Unverified 25:47
the restriction in the law is what the court could do over here all right so just a real straight-up question if we vote to adopt what you're asking us to do today Is this in any way, shape, or form going to give any legitimate claim for same-sex relationships to be able to adopt children?
▶ Play Suggest a correction Report an error
Speaker 85 26:03
No, not at all. And, in fact, if you'll hate to hold just a second, I will find where I took that from old law, and you'll see what
▶ Play Suggest a correction Report an error
Speaker 99 26:14
I did. Look at page 26. On the bottom, on lines 34 and 35. right now I know what investigations are under nine nine two one two
▶ Play Suggest a correction Report an error
Speaker 85 26:26
but I'll bet most people don't including most attorneys who practice law and so what we did what it means is investigations order pursuant to the home study section of the adoption code and so what we did was finally just say let's just take that out so now it's going to read in any custodial placement by the department and it used to say in foster care or investigations consumed conducted by the department pursuant to that code
▶ Play Suggest a correction Report an error
Speaker 99 26:49
statute, we had to give preferential consideration. And all we've done is just strike that by
▶ Play Suggest a correction Report an error
Representative Kim Hammer Unverified 26:56
out and just write in adoption, because that's what it meant. Okay. Just a reiteration, my last question. We vote for this. This does not give any leverage power or advanced opportunity to same-sex couples being able
▶ Play Suggest a correction Report an error
Representative Stephanie Malone Chair Unverified 27:07
to adopt. It has no impact whatsoever. Thank you, ma'am. Thank you, Madam Chair. I have a quick question again, and I apologize. on ads immunity for volunteers who perform page 21 line 12 through 19 is that new yes okay can you explain to me I mean I read it and it said it explained to me how they would I guess a case in which they would receive immunity
▶ Play Suggest a correction Report an error
Speaker 99 27:36
okay explain that part to me as some of you might know we're rolling and the
▶ Play Suggest a correction Report an error
Speaker 85 27:40
department has partnered with an organization that came forward and said we'd love to help you find foster and adoptive homes and it's called the call and we're very appreciative of it
▶ Play Suggest a correction Report an error
Speaker 83 27:48
because they've gotten lots of foster and adoptive homes in pulaski county and now they're going across the state and what the call does is
▶ Play Suggest a correction Report an error
Speaker 85 27:53
a part of the model that they have in place is ask within the church community if there are people who would train our foster parents and they train them on how to do it on our model that we give them and they also say to people within the community would you if you're a licensed master social worker would you do a home study for the call to get this home opened for the department and so what they call ask us to do is is that if someone's if we have a
▶ Play Suggest a correction Report an error
Speaker 83 28:17
memorandum of understanding with them which we do with the call and they recruit volunteers who will be willing to do home studies can that volunteer get the immunity that would get happen to our worker if our worker was doing the home study and so that's
▶ Play Suggest a correction Report an error
Speaker 65 28:32
what this is about so it's it's just mirroring what the the dhs employees Correct. And that's why there's this reference back here from liability as provided for state officers and employees. Okay. Thank you. Representative Walker, you're recognized.
▶ Play Suggest a correction Report an error
Representative John W. Walker Unverified 28:44
Thank you, Representative Chairman. I have a question and maybe a little convoluted. If you have two people, let's say two sisters who live together or two brothers or two friends in an environment which promotes the concept of big brothers, are you saying that those two people, if they live together and are not a couple, that they would be precluded from being, in effect, foster parents? No. What the initiated act one says that's
▶ Play Suggest a correction Report an error
Speaker 85 29:23
codified in the statute is cohabiting with a sexual partner. I can tell you we had a case when Roy Kendall was our director at the division, and
▶ Play Suggest a correction Report an error
Speaker 83 29:31
it was two nurses, I think, from England, because I think we do a lot of recruitment from overseas for nurses, and they were at Children's, and I think they were cousins living together, and one of them wanted to adopt, and she was approved to do that because it wasn't a sexual relationship.
▶ Play Suggest a correction Report an error
Speaker 100 29:49
They were living together because they were family
▶ Play Suggest a correction Report an error
Representative John W. Walker Unverified 29:53
members and from overseas. So that you, the agency, would have the burden of proving that the two brothers or sisters or friends are cohabiting in the event that there
▶ Play Suggest a correction Report an error
Representative David "Bubba" Powers Unverified 30:07
was such a suspicion? Representative Walker, I will tell you that in 2007, my initial term here in the House and on House Judiciary, we dealt with a bill involving the various situations that you speak of. And, in fact, that almost mirrors one of the questions that I ask. You know, who's going to prove it? How are you going to prove it? You know, here. I'm not sure whether the bar is too high or not high enough. I don't know. But as far as the department having to prove that, I would assume that they would have to have some preponderance of evidence. Now, how they get that evidence, you know, I can't answer that. I don't know. But that is kind of an age-old question here in the House of Representatives regarding that very scenario that you talk about. Seeing no other questions from the
▶ Play Suggest a correction Report an error
Representative Stephanie Malone Chair Unverified 31:10
committee, is there anyone in the audience who would like to speak for the bill? Sorry. Against the bill? Seeing none, Representative Dickinson, you're recognized. Motion do pass. We have a motion do pass. All in favor say aye. Aye. Any opposed? Motion carries. Bill passes. Thank
▶ Play Suggest a correction Report an error
Representative David "Bubba" Powers Unverified 31:31
you, Madam Chair, and thank you, Committee. And, Madam Chair, we have Senate Bill 710. If Representative Shepard or no one else is here to run the bill, we'll certainly try that one, too, if you're ready. You're recognized. All right. Members, House Bill 710. is a Senate Bill 710 originated in Representative Powers if I could have
▶ Play Suggest a correction Report an error
Representative Stephanie Malone Chair Unverified 31:58
the two other people on the other side of you identify
▶ Play Suggest a correction Report an error
Representative Justin T. Harris Unverified 32:08
themselves for the record we'll do that thank you Cecile Blocher
▶ Play Suggest a correction Report an error
Speaker 140 32:13
the director for the division of children and family services
▶ Play Suggest a correction Report an error
Representative David "Bubba" Powers Unverified 32:18
Paul Kelly with Arkansas advocates for children and families and And we have the experts in the field here to answer questions, Paul and Cecile and Lisa, so I feel very comfortable. Senate Bill 710, simply the title amends the State Guardianship Subsidy Act. The talking points basically include removing the means-based test, requiring a relationship between the child and the person getting guardianship, removing the requirement that the child has special needs, expanding the guardianship to include state funding if DHS determines money is available for children who are not eligible for federal guardianship subsidies, rewriting the sections to emphasize that the prospective guardian must comply with all foster home licensing board minimum regulations and DHS policy, and secondly, the child must reside in the home of the relative for six months while in foster care before the child is eligible for guardianship subsidy, and that is the gist or the main parts of the bill that I think need to be pointed out, and we are certainly available to any questions the committee might
▶ Play Suggest a correction Report an error
Representative Stephanie Malone Chair Unverified 33:33
have. Representative Summers, you're recognized for a
▶ Play Suggest a correction Report an error
Representative Tim Summers Unverified 33:36
question. Thank you, Madam Chair. Representative Powers, it seems to me that we ran a bill recently for DHS that stated that the age of the child to object for adoption was age 12. Now, my memory's not real good, but it seems like that's what it said. And if that's the case, and I think your witness, Ms. McGee, would know, why would we do 14? I'm just curious. I'm sure there's a very valid reason. We're going to let her give you
▶ Play Suggest a correction Report an error
Speaker 84 34:06
that valid reason, Mr. Summers. First, am I
▶ Play Suggest a correction Report an error
Representative Tim Summers Unverified 34:09
correct in my memory? That would be something.
▶ Play Suggest a correction Report an error
Speaker 87 34:13
And this is Lisa McGee with the Department of Human Services, and you are
▶ Play Suggest a correction Report an error
Speaker 85 34:19
correct. And originally that was what we wanted to do with the adoption code, but we got some feedback that since adoption
▶ Play Suggest a correction Report an error
Speaker 83 34:25
has been 10 for so many years, the feedback was they felt more comfortable going up incrementally. So we'll probably reach 14 for the consent and adoption, but right now we went up to 12 there. And the reason we have 14 here is that 14 is a requirement from the feds, And they are the ones who are initiating this new funding stream for us to be able to use Title IV-E now for guardianship subsidies, and they require the 14.
▶ Play Suggest a correction Report an error
Speaker 18 34:49
Thank you, and thank you, Madam Chair. I have a question. You mentioned the funding from the feds.
▶ Play Suggest a correction Report an error
Representative Justin T. Harris Unverified 35:07
It's a new funding source. Can you explain it to me? Actually, it is already a current funding stream. But with this new requirement, it would allow children who are currently perhaps funding with state general revenue to be able to be funded with a 4E guardianship based on the fact that it's with a family for six months, that they've ruled out adoption and reunification as a goal for the children, and so it's just a way it just allows a different use of 4E. Can you explain what 4E is? It's an entitlement program, and it's based on it's a very complex funding qualification. It has an income limitation. It's got a contrary to welfare clause. It's got deprivation. There's many different qualifiers, and currently about 65 percent of the children in foster care are FORE eligible, and it's how we pull down the federal funds. It's one of our largest funding
▶ Play Suggest a correction Report an error
Speaker 147 36:11
streams, and it's the only uncapped funding stream that DCFS has. Representative Harris, you're recognized. Good morning, Ms. Blucher.
▶ Play Suggest a correction Report an error
Representative Justin T. Harris Unverified 36:27
If reunification and adoption isn't the goal, what's the goal for the child? We have to rule out, like, the reunification and adoption, and so it would be, like, another planned permanency living arrangement we call APLA. It would be adoption, or it may be the child who decides that they don't want to be adopted and there's someone that would want to be the guardianship. It's a different permanency option for a child. Can I ask another question? So if the child's 14 don't want to be adopted, this would allow the guardians to continue to get the funding because, as it is now, if they're adopted, the funding stops. Is that correct? No, the funding does not stop when children are adopted. There are certain – if they get the subsidy, which is special needs, and so it's based on their age, the race, their medical condition, there's qualifiers that we've set in the law. That got – the parents, when they adopt, they do continue to receive an adoption subsidy until that child turns 18. In some cases, can ask for it to be extended until they're 21. Okay. Thank you.
▶ Play Suggest a correction Report an error
Representative Efrem Elliott Unverified 37:42
Representative Elliott, you're recognized. Thank you, Madam Chair. I just want to be clear with some things. Now, this is a child who maybe parents, for whatever reason, their rights have been stricken from them, and then at 14, 15, they decided that they don't want to be adopted, adopted but there's a guardian who's there who's willing to take care of them and this will allow that guardian to receive resources to help with that child is that correct? Lisa McGee again yes these
▶ Play Suggest a correction Report an error
Speaker 83 38:26
are this is guardianship socially it's only for kids who come in foster care and so on your term parental rights were stricken not necessarily it's just the parent doesn't have custody anymore so we have a child who's now in foster care and so the reason that I think guardianship is a viable alternative for family members is sometimes an aunt or grandma
▶ Play Suggest a correction Report an error
Speaker 85 38:45
will say I don't mind raising the child to adulthood but please don't terminate mom and dad's parental rights and so to get the guardianship subsidy you have to officially terminate parental rights and then have the adoption and so this is why we think in the companion bill that Representative Leading did that came through the committee here that said let some felons be guardians this is the companion bill to that so we want to be able to say some family members and you'll see this
▶ Play Suggest a correction Report an error
Speaker 83 39:08
is the restriction now because I told everybody remember if there's restriction has to be family and they have to live there six months and meet all the standards so this is that bill that says so so the family members when you don't want to terminate parental rights and they're and that's not going to be the goal is adoption they're not be able to go back home this is now a new thing that we can do for the family members to be able to
▶ Play Suggest a correction Report an error
Representative Efrem Elliott Unverified 39:31
raise their kids and get them out of the foster care system well let's still have the restrictions of qualifying for for here in the house I've got what they call yes it'll be the same yes and I
▶ Play Suggest a correction Report an error
Speaker 99 39:41
want to apologize to the committee again by the way I am so sorry I said kidnapping was a waivable offense so I brought my thing here today to remind myself to apologize to you guys for that so yes that the standards are still going to meet on the lifetime bar and the five-year
▶ Play Suggest a correction Report an error
Speaker 65 39:58
bar okay and that was that
▶ Play Suggest a correction Report an error
Representative Stephanie Malone Chair Unverified 40:01
The bill that Representative Leading ran
▶ Play Suggest a correction Report an error
Representative Tim Summers Unverified 40:04
for us, that was a part of this package. Okay. Representative Summers, you're recognized for a question. Thank you. Madam Chair, on first page, item one, it talks about the child's been removed from the custody as a result of a judicial determination. Is there any determination about the natural parent's ability to support that child where they would need to pay child support?
▶ Play Suggest a correction Report an error
Speaker 83 40:26
I suspect it. Yes, and that's over in the juvenile code. This section right here, this 9-8, is in front of the adoption code in the very front of the family law section, and the juvenile code's all the way over at 9-27. And in 9-27, what it says is when a child comes into the custody of the department, the judge has to look to
▶ Play Suggest a correction Report an error
Speaker 88 40:46
see whether or not the parents have the capacity to pay any child support, and if so, they can order child
▶ Play Suggest a correction Report an error
Speaker 167 40:53
support paid. In reality, is that ever done?
▶ Play Suggest a correction Report an error
Representative David "Bubba" Powers Unverified 40:56
Let me answer that for you, Representative Summers. I can tell you that by my personal experience, yes, it is done. In fact, I'll just give you a real-life scenario. I get calls from time to time. The police will call me and say, you know, I'm tired of this kid. I don't want him. You know, we're going to, you know, call DHS to come get this kid. They're ready. They're ready to send him on because he didn't wash the dishes or whatever. know the case may be you know of course that is an extreme and we were you know we normally realize they're emotional so one of the tricks of the trade that I use is simply over the telephone I'll tell that parent well that's fine I'll call DHS as soon as we hang up but you're going to have to pay child support because my judge orders that so usually they find a way to come to a reconciliation that at that moment so it is used and it's not overlooked by the of court.
▶ Play Suggest a correction Report an error
Representative Kim Hammer Unverified 41:57
Thank you. And thank you, Madam Chair. Representative Hammer, you're recognized. Would you just reiterate one thing, please? A minute ago the question was asked, and it's regarding the funding. Am I understanding it correctly if I say that a child is in foster care and that child, whether they themselves or the the guardian decides that they the relationship is no longer working for whatever reason and the child is removed from the home tell me again about the funding stream with that child that funding stream continues to go to to who and for how long or is it terminated at that point would you restate that please okay okay the 4e funding stream
▶ Play Suggest a correction Report an error
Speaker 83 42:41
is available to us the feds will allow us to claim certain things if, number one, if we can make reasonable efforts to keep the child in their home, we have to do it. So Representative Power is saying to the parents, you know, if you drop your kid off, we're going to – that was a reasonable effort to keep the child in that home. So if we can go out and clean a house up and not take kids in foster care, we have to do it. So the feds say first thing is you have to make reasonable efforts to prevent removal. The next thing we have to have is this judicial – and Representative Summers read that language – The judicial determination that remaining in the home is contrary to the welfare of that child. So that's
▶ Play Suggest a correction Report an error
Speaker 85 43:17
the next thing. It's contrary to the welfare finding. The next thing is it's tied to the old 4A program, and it's in 4A of the Social Security Act, which is the old AFDC, by the way, that's long gone away with. But when a child comes in foster care, the next thing to make them 4A eligible is to look over to see whether or not we had deprivation. It was daddy in jail, not in the home,
▶ Play Suggest a correction Report an error
Speaker 83 43:39
that kind of a thing. Nobody was working in the home. So if you can meet those requirements, then we can get a 4E funding stream. So 4E pays 75% of the board payments and 50-50 on administrative costs. And Cecile Blucher, our division director, just said it's 65% of our kids in our state because we have lots of poverty in Arkansas. Some of the states in the north don't claim as much on 4E.
▶ Play Suggest a correction Report an error
Speaker 85 44:00
So what happens now is 4E has an adoption subsidy program. So for kids who are 4E eligible, we've been able to move them into 4E adoptions. adoptions the feds recently expanded that and i don't want to confuse you but they've recently expanded that to now allow some non-40 kids to be able to get adoption subsidies and then the part of that big bill that they just passed fostering connections they said you know what now for 40 kids you can now do guardianship subsidies with the money too and so that's why this is such an important bill
▶ Play Suggest a correction Report an error
Representative Kim Hammer Unverified 44:30
okay i just got i guess confused because i heard something said about a child decides they don't want to and the funding source continues to be received by somebody? Or did I misunderstand that? I hope that was
▶ Play Suggest a correction Report an error
Speaker 83 44:41
a misunderstanding because what will happen is we're required to consult with kids at age 12 now with Representative Summers' bill on adoption. The court has to consider the wishes of the child, and under this one it will be age 14. So we could go for the guardianship subsidy for a 10-year-old, and we'll certainly consult a 10-year-old. But if they're 14 now, the statute mandates
▶ Play Suggest a correction Report an error
Speaker 85 45:01
that we consider the wishes of the 14-year-old before the guardianship is established.
▶ Play Suggest a correction Report an error
Representative Kim Hammer Unverified 45:05
Okay, and final, the reason I ask that is because I just want to make sure that no funding continues to go to someone after the child has left the presence of the guardian or the foster home. I want to make sure the money stops.
▶ Play Suggest a correction Report an error
Speaker 85 45:17
Okay, foster homes, when they leave a foster home, the funding stops. For the guardianship subsidy, there should still also be a requirement in our thing that says they have to care for the child to get the guardianship subsidy. Adoption is different. And I know because I took a case up to the Court of Appeals and lost like a big
▶ Play Suggest a correction Report an error
Speaker 83 45:34
dog. And then on the adoption one, these two people dumped two of our foster kids in Florida and said, still pay us the board payment. The adoption subsidy, and we were
▶ Play Suggest a correction Report an error
Speaker 85 45:41
like, no, we're not going to do that anymore. And we were told we had to. But what we could do is ask for child support. And so that's what we have to do on an adoption when they're getting a subsidy, and the adoption disrupts because it's an agreement between the party, the department, and the party. Unless
▶ Play Suggest a correction Report an error
Speaker 83 45:57
we terminate those adoptive parents' parental rights, we still have to pay the adoption subsidy. And what we do is ask for the court, which the courts are
▶ Play Suggest a correction Report an error
Speaker 99 46:03
willing, more than willing to do, is for an amount of child support usually equal to, if not more, than the adoption subsidy.
▶ Play Suggest a correction Report an error
Representative Kim Hammer Unverified 46:10
Leverage. Yes. Okay. Mr. Powers, in the example you used, was that a case of adopted parents who wanted to dump their
▶ Play Suggest a correction Report an error
Speaker 130 46:18
kids, or was that biological parents who wanted to dump their kids? Frankly,
▶ Play Suggest a correction Report an error
Representative David "Bubba" Powers Unverified 46:24
I've run into it so many times, it's been both. So it's not an unusual situation in either scenario, Representative Hammer. Okay.
▶ Play Suggest a correction Report an error
Representative Stephanie Malone Chair Unverified 46:35
Thank you. A quick question again. We've been mentioning funding and federal funding. Is there any concern, given the way the federal government is going, are they going to work today, are they going to shut it down? Is there any concern that this federal funding
▶ Play Suggest a correction Report an error
Speaker 156 46:54
will be cut for this? I don't think that the federal funding will be cut. There
▶ Play Suggest a correction Report an error
Representative Justin T. Harris Unverified 47:00
is some work going on on how they may revamp 4E, and that would be that you receive enhanced 4E funding to keep children from coming into the system, and you're penalized funding on those children who stay in the system too long. The delay is holding up the release of the federal money to us. It's the only problem that we're encountering right now with the federal showdown going on. Seeing
▶ Play Suggest a correction Report an error
Representative Stephanie Malone Chair Unverified 47:27
no other questions from the Committee, is there anyone in the audience who would like to speak for the bill, against the bill? Representative Powers, I assume you're closed for your bill. We are closed,
▶ Play Suggest a correction Report an error
Representative David "Bubba" Powers Unverified 47:38
Madam Chair, and I would like to thank the Committee. Very good questions, and we ask for a good vote. Okay.
▶ Play Suggest a correction Report an error
Representative Stephanie Malone Chair Unverified 47:46
the will of the committee I represent Elliot you're
▶ Play Suggest a correction Report an error
Representative Efrem Elliott Unverified 47:49
recognized thank you madam chair I make a recommendation that do pass
▶ Play Suggest a correction Report an error
Representative Stephanie Malone Chair Unverified 47:53
we have a motion do pass all in favor say aye any opposed no motion carries the bill passes thank you very much thank you committee representative Shepard is getting his witness and will be here shortly so if it's okay with you we'll take a little break I apologize, Representative Meeks, you do want to run your resolution. I apologize for that. How – you are presented to – or you're recognized to present House Resolution 1030. Thank
▶ Play Suggest a correction Report an error
Representative Stephen Meeks Unverified 48:35
you, Madam Chair. This is probably the most non-controversial bill I'll actually run this session. House Resolution 1030 is basically committing the Conway High School wrestling team on winning the state title. Wrestling is not a sport that we necessarily think about. It's usually football, basketball, and the like. But I thought it important to recognize the wrestling team on winning the state title. Also, too, they have many achievements, as you can see, down through the resolution, as well as the coach. Ray Session was named Coach of the Year. And with that, I am finished. So if you
▶ Play Suggest a correction Report an error
Representative Stephanie Malone Chair Unverified 49:12
have any questions. Representative Elliott, you're recognized
▶ Play Suggest a correction Report an error
Representative Efrem Elliott Unverified 49:15
for a question. Thank you, Madam Chair. Representative Meeks, if we pass this resolution, are we going to have to recognize all the wrestling teams in Arkansas? No, because Conway is
▶ Play Suggest a correction Report an error
Representative Stephen Meeks Unverified 49:26
the only one in their division that won the state championship. Okay. Any other questions? Seeing no other questions from
▶ Play Suggest a correction Report an error
Representative Stephanie Malone Chair Unverified 49:37
the committee, is there anyone in the audience who would like to speak for the resolution? Against the resolution, seeing none, Representative Meeks, are you closed for your resolution? Representative Meeks is closed for his resolution. What's the will of Representative Summers? You're recognized. Move. Do pass. We have a motion. Do pass. All in favor say aye. Aye. Any opposed? No. Motion carries. Congratulations. Thank you.
▶ Play Suggest a correction Report an error
Representative Tim Summers Unverified 50:33
Well, I'm a no, because we have an Arkansas-side Walmart that people from one-half mile away won't be able to buy it, because they don't have an Arkansas-side
▶ Play Suggest a correction Report an error
Speaker 187 51:01
driver's license. Our Texas shoppers will be totally cut off from our Arkansas Walmart. And they do come to our Walmart. There's Richard right there. Yeah, the
▶ Play Suggest a correction Report an error
Speaker 189 51:10
people who visit from our state. It's not just visitors. It's people that
▶ Play Suggest a correction Report an error
Representative Tim Summers Unverified 51:14
live in New York County. Well, that's what I'm saying. With that, what's that? What's out-of-state college do you still have? And here's
▶ Play Suggest a correction Report an error
Speaker 113 51:22
Richard right over there. I've been emailed. Why did they put driver's license on me? Thank you.
▶ Play Suggest a correction Report an error
Speaker 194 52:00
Thank you.
▶ Play Suggest a correction Report an error
Speaker 199 52:30
All right.
▶ Play Suggest a correction Report an error
Speaker 163 53:00
I didn't get
▶ Play Suggest a correction Report an error
Speaker 190 53:07
it. I got that. robson everybody's
▶ Play Suggest a correction Report an error
Representative Stephanie Malone Chair Unverified 53:36
All right, committee representative Shepard has made it. And had I known that was the witness you were waiting on, I would have gone ahead and started. Hello. It's my prosecuting attorney,
▶ Play Suggest a correction Report an error
Representative Matthew Shepherd Unverified 54:25
everyone, Dan Shue. Representative Shepard, you are recognized to present House Bill 2094. Thank you, Madam Chairman, members of the committee. It's certainly my pleasure to appear here today to present House Bill 2094. This bill would amend the definition of child in certain statutes related to sexual performance and other criminal offenses. Basically, the statutes, as presented right now, protect children under the age of 17. And this bill would simply provide protection to all children under the age of 18. And with me today is Dan Hsu, who is the prosecuting attorney from the 12th Judicial District, which is Sebastian County, Fort Smith. This is a bill that is part of the Prosecuting Attorneys Association's legislative package. And Mr. Hsu is available to comment further on this, if the committee would so allow.
▶ Play Suggest a correction Report an error
Representative Stephanie Malone Chair Unverified 55:28
If you would please, sir, state your
▶ Play Suggest a correction Report an error
Daniel Shue Unverified 55:32
name and who you're with for the record. Mr. Chairman, thank you, members of the committee. Thank you. My name is Daniel Hsu. I am the prosecuting attorney for the 12th Judicial District, Sebastian County, and what always happens with some of these is a factual situation presents itself and we're unable to help. And it happened to be a situation involving a 17-year-old, and looking back at these statutes, And they're rather old. One of them was passed in 1979, and that was dealing primarily with visual and print medium. And then the other one was passed in 1983, primarily dealing with performances. Obviously very sad, horrible crimes to have committed, but in the case that came to our attention, it involved a 17-year-old, and we were unable to prosecute. Really these are meant to protect minors. They're meant to protect children, someone less than 18. Why when they were passed and they were drafted, it did not include 17-year-olds, I cannot speak to. But this is a chance to remedy that and provide that protection to someone less than 18. Committee, you've heard an explanation
▶ Play Suggest a correction Report an error
Representative Stephanie Malone Chair Unverified 56:53
of the bill. Is there – are there any questions? Summers, you're recognized for a question.
▶ Play Suggest a correction Report an error
Representative Tim Summers Unverified 56:59
I'm sure, Mr. Shue, this is covered somewhere else in the code, but what happens? This is Arkansas, you know, what happens if a 17-year-old is married? Is married? Is married if the 17-year-old and the 17-year-old spouse carry on. engage in the things that
▶ Play Suggest a correction Report an error
Daniel Shue Unverified 57:23
are prohibited by the act it would be no different
▶ Play Suggest a correction Report an error
Representative Efrem Elliott Unverified 57:28
than a 16 year old perhaps i'm going with your your your hypothetical how
▶ Play Suggest a correction Report an error
Speaker 213 57:38
would that crime come to our attention
▶ Play Suggest a correction Report an error
Representative Tim Summers Unverified 57:42
well maybe i'm not making myself my question clear and i apologize if you've got a 17 year old married and i assume it'd be male or female Yes, sir. And I'm not clear on exactly what the violation would
▶ Play Suggest a correction Report an error
Daniel Shue Unverified 58:02
be. I don't think it would be a violation of this. If these are married consenting persons and somebody is going to have to have that minority set aside, have permission to have married, I don't think it's going to be a violation under any hypothetical of either of these two statutes. Okay. Thank you,
▶ Play Suggest a correction Report an error
Representative Stephanie Malone Chair Unverified 58:32
sir. Thank you. Yes, sir. Representative
▶ Play Suggest a correction Report an error
Representative John W. Walker Unverified 58:34
Walker, you're recognized for a question. Thank you, Representative Chairman. if you change the definition of child to include a person who may be graduating from high school maybe even as much as a sophomore in college are you not limiting that person's liberty I mean of course everything limits liberty at some point but aren't you live in choosing my limiting that person's liberty in a way that's not necessary I mean let me see if I can make it clear that following up on the question that was raised by Representative Summers under this definition it appears that a person seventeen years of age cannot get merit because the definition of child is changed to include a person such a person and when you start talking about sexual performance that means any performance that includes sexual conduct with the child under 18 I mean that means as he points up however you look at it that if some parent wants to prosecute a a married person assuming that they can be lawfully married they can do so and that it becomes judgmental for the prosecutor and to decide whether to prosecute but prosecutors always have the discretion to prosecute they can prosecute anything they want or they can decline but there is nothing that keeps it from happening in the 18 year old case or the 17 or 16 year old case And I come from an era when many parents were 15, 16, 17. Representative Gaskell is gone, but many parents, many good parents were less than 18. So I'd not like to be in a situation where I put a restriction on marriage, even though that's not the intent of this bill. Or on parentage, where you have a 17-year-old girl and an 18-year-old boy, a 15-, 16-year-old girl, and an 18-year-old boy who have children. I mean, I would certainly think that you don't want to punish a child by sending him to prison and having him or her prosecuted because they cohabited when both of them are underage. When
▶ Play Suggest a correction Report an error
Daniel Shue Unverified 1:01:09
I say cohabited, they had a child. So you're, by your hypothetical, sexual performance means just
▶ Play Suggest a correction Report an error
Representative John W. Walker Unverified 1:01:15
the sex act itself. Well, I'm saying it's any, well, I would certainly think sexual performance that you have here, it means any performance or part of a performance that includes sexual conduct. I mean, see, I'm not using performance as a display of sexual behavior in the public domain. I mean we're not talking about people out in public performing we're just talking about two people engaging in a private sexual act they could both be 16 they could be 17 18 you're keeping them from not only having a sex act but you're keeping them from having children or having responsibility adult responsibility I'm not saying that's bad but I'm saying that that is that conduct is reachable as I see it by this act and it's prosecutorial discretion which is unrestrained under those circumstances I beg to
▶ Play Suggest a correction Report an error
Daniel Shue Unverified 1:02:10
differ what is outlawed is it lawful for a person knowing the character and content of the performance to employ authorize or induce a child under this age to engage in the sexual performance in
▶ Play Suggest a correction Report an error
Representative John W. Walker Unverified 1:02:26
all due respect now that's vague for a person Knowing the character and content of the performance. That's current law. Well, I understand, but it's still vague. And you're just changing it. I'm simply saying, well, I mean, whatever. But I don't see by that one act that you mentioned that it's necessary to change existing law. I mean, do you have any other, do you have any body of information that makes it necessary to tamper with existing law other than the one example, the hypothetical that you have presented? No, but it would have made a difference to them. Well, I understand, but one act in the state, I mean, if we just take one act throughout the state, every time
▶ Play Suggest a correction Report an error
Daniel Shue Unverified 1:03:15
one aberration occurs that somebody doesn't like, then we'll be always changing the statutes. That'd be
▶ Play Suggest a correction Report an error
Representative John W. Walker Unverified 1:03:21
one act under every county. That'd be 75 acts. Well, then you're looking for conduct that has not thus far become so socially offensive as to warrant the attention of any significant organization charged with looking after children. The children and family people have not said that this is significant. I mean, I haven't observed that it is. I do observe that children are graduating from school younger if they graduate often. They are becoming adults and having adult responsibilities imposed upon them at younger ages. Why are we going to deal with them this way? Representative
▶ Play Suggest a correction Report an error
Representative Matthew Shepherd Unverified 1:04:00
Walker, if I might address some of your concerns, and additionally, Representative, I believe, Summers raised some issues. I certainly understand the concern with regard to some of these hypotheticals presented. I said, based on my recollection of the law, those hypotheticals and concerns with regard to marriage, those would already be concerns. The law is already in place. What this bill simply does is include 17-year-olds in this protected class. And in my view, and certainly I think Representative Walker can appreciate this, I think he knows that I tend to thoroughly vet changes when it comes to criminal law. In my view, for whatever reason, I think that in the Arkansas Code, the age of 18 is an age that the law typically looks at as coming of age. And if you're under 18, generally there are certain protections provided to those individuals. And that, as I said, this is a bill from the Prosecuting Attorneys Association. And as I looked at it, that's what motivated me to go ahead and carry this bill, was to bring greater consistency and provide protection to those 17-year-olds who I think in most instances are provided the same protection as other minors. Now, I know there are certain situations where there are various ages or various protections afforded. But I think we all can acknowledge that the age of 18 has historically been an age and an attainment of age that is given special significance.
▶ Play Suggest a correction Report an error
Representative John W. Walker Unverified 1:05:50
And that's why I brought this bill. One other question. You're right, Ms. The, if I'm not mistaken, a person may enlist for service at
▶ Play Suggest a correction Report an error
Speaker 227 1:06:09
17. Is that right? I'm not sure. That sounds right, but I don't know it for
▶ Play Suggest a correction Report an error
Representative John W. Walker Unverified 1:06:16
a fact. I don't know. All right. Now, in terms of Section 3, A, at Lines 34 and 35, you have the term of course this is already in there but I'm relating it to 17 is over against 18 induce a child of 18 years to engage in a sexual performance so what if you have to consenting adult to consenting 18 year olds or 17 year olds who want to engage in a sex act I mean cannot they be be prosecuted under this
▶ Play Suggest a correction Report an error
Speaker 227 1:06:53
act representative Walker I think we just
▶ Play Suggest a correction Report an error
Representative Matthew Shepherd Unverified 1:06:58
were brought in a copy of the criminal code performance which I think is really what some of your questions are getting at the definition of a performance states is used in this sub chapter means any play dance act drama piece interlude pantomime show scene or other three-dimensional presentation or a part of a play, dance, act, drama, piece, interlude, pantomime, show, scene, or other three-dimensional presentation, whether performed live or photographed, filmed, videotaped, or visually depicted by any other photographic, cinematic, magnetic, or other electronic means. So I don't, I certainly don't believe that this is. Well, I guess
▶ Play Suggest a correction Report an error
Representative John W. Walker Unverified 1:07:42
it means that West Side Story could be outlawed and the participants in a high school play at 18 years of age could be charged if someone chose to do the job is that okay by share powers you're recognized you touched on one of
▶ Play Suggest a correction Report an error
Representative Billy W. Gaskill Unverified 1:08:05
my favorite musicals represented Walker Reverend Shepard I
▶ Play Suggest a correction Report an error
Representative David "Bubba" Powers Unverified 1:08:09
understand I think I understand I think you explained it Pretty well. You're simply lining up current law with the age of consent, I guess, in this state. I know the juvenile code defines anyone under the age of 18 as a juvenile, and anyone over that age is an adult. And our arguments on this law, now, you know, I might have a philosophical argument with you, but you're not trying to take on that challenge here today, are
▶ Play Suggest a correction Report an error
Representative Matthew Shepherd Unverified 1:08:45
you? No, no, Representative. Just, again, trying to bring some consistency. And one of the other things that would be relevant is with regard to sexual performance under this. It means any performance or part of a performance that includes sexual conduct. Sexual conduct is defined under the code and is, I would prefer not to have to run down the list of those things. Well, I don't want you to run down the list. I agree with your question that this is to bring some consistency. But I would say this. If we are
▶ Play Suggest a correction Report an error
Representative David "Bubba" Powers Unverified 1:09:18
arguing current law, my question would be to you, could a 20-year-old married to a 17-year-old, could that 17-year-old be exploited? But I do understand, and I don't want you to answer the question, because I think there are plenty of questions that could be asked about the current law. The only thing you're doing is you're lining up this statute with our state law.
▶ Play Suggest a correction Report an error
Representative Matthew Shepherd Unverified 1:09:45
That's correct. That's the intent. All right. Thank you. Representative
▶ Play Suggest a correction Report an error
Representative Stephen Meeks Unverified 1:09:53
Meeks, you're recognized. Thank you, Madam Chair. I think most of my fears have been concerned, but to get away from the hypothetical and to give you an actual example, my grandfather was 21 and my grandmother was 16 when they married. Of course, this was back in the 40s. So I'm not sure if it still happens today. But, you know, when they were asking the questions, it did give me pause to concern because I know of actually somebody that something like this would affect. But in essence, what you have said is that you're just bringing it online with other state law. So
▶ Play Suggest a correction Report an error
Representative Mary P. "Prissy" Hickerson Unverified 1:10:29
appreciate it. Thank you. Representative Hickerson, did you
▶ Play Suggest a correction Report an error
Representative Stephanie Malone Chair Unverified 1:10:32
have a question? Motion passed at the proper time. Okay, we've got a few more questions and I'll come back to
▶ Play Suggest a correction Report an error
Representative Justin T. Harris Unverified 1:10:40
your motion. Representative Harris, you're recognized. Thank you, Madam Chair. Representative Shepard, I am thoroughly enjoying this because I've got Representative Walker on this committee and Representative Powers and Deffenbaugh because I've been on your end over in Judiciary. And y'all are very tough. So I'm proud to have Representative Walker in here so he can ask the hard questions. But joking aside, Mr. Hsu, could you please tell me again what happened, why are we doing this bill? Because I think I
▶ Play Suggest a correction Report an error
Daniel Shue Unverified 1:11:10
missed that at the very beginning. The protection does not extend to 17-year-olds. If you have a violation of this act, it only extends to 16-year-olds and below. It does not extend to 17-year-olds. This just includes one more year in the protection. Okay,
▶ Play Suggest a correction Report an error
Representative Justin T. Harris Unverified 1:11:28
so since I'm not an attorney which thankfully not and I'm thankful you are but Goes without saying yeah You so by doing it to 18 it protects 17 and below not 18 and below right That's and I didn't understand that so that kind of makes less than 18 less than 18 So once you're 18 does it protect the 18 year old? you're an adult at 18 so we're not I mean there's nothing really hard to this bill I mean we're just protecting 17 year old which
▶ Play Suggest a correction Report an error
Representative Gary Deffenbaugh Chair Unverified 1:12:12
are children so okay thank you representative Deffenbo you're recognized thank you madam chair I have several questions and that's all right they're quick I think they'll all be quick it's just clarification my understanding is you know I'm reading this all we're really changing is the definition of child we're not is that true yes sir we're not changing the definition of sexual performance that's our current law okay um so and you've probably been asked this in several different forms but if a 19 year old marries a 17 year old and she's got let's say the 17 year old girl she's got permission
▶ Play Suggest a correction Report an error
Representative Efrem Elliott Unverified 1:12:49
to get married that's fine right But, again, the definitions of performance and sexual
▶ Play Suggest a correction Report an error
Daniel Shue Unverified 1:12:55
performance, I mean, we just started reading those. I mean, we'll not cover that sort of activity.
▶ Play Suggest a correction Report an error
Speaker 210 1:13:01
It's not a violation of the law. Okay, okay. Now or after, assuming this becomes law, it
▶ Play Suggest a correction Report an error
Representative Gary Deffenbaugh Chair Unverified 1:13:12
will not. Okay. So it's got nothing to do with two 17-year-olds that are not married or are intimate, and that's none
▶ Play Suggest a correction Report an error
Representative Efrem Elliott Unverified 1:13:19
of our business, right? Unless you're the parents. It would be a lot of business, but yes, sir. All right,
▶ Play Suggest a correction Report an error
Representative Gary Deffenbaugh Chair Unverified 1:13:26
then the last question is, you know, it might be a tough question, but would this have authority over some religions that allow you to marry, like, nine-year-olds? would this would this law have anything do that not to my knowledge okay so that's just we're gonna leave that alone
▶ Play Suggest a correction Report an error
Representative Efrem Elliott Unverified 1:13:53
right I'm just curious yes sir representative Elliott you're
▶ Play Suggest a correction Report an error
Representative Stephanie Malone Chair Unverified 1:14:00
recognized for a question thank you madam chair if
▶ Play Suggest a correction Report an error
Representative Efrem Elliott Unverified 1:14:07
you can turn to page two you go from three to I think six well I'm sorry from 1 to 6, it says a child under 18 years of age to consent to a participant by the child in a sexual performance, and then it goes to say a person who violates this section upon conviction is guilty of a, and that's a Class C felony and a Class B felony. So if it does not pertain to teenagers that may engage in that, and what we have to understand is our teenage pregnancy rate in Arkansas is very high, so we know that they're out there actually doing this, but in this bill, what I'm reading, what certain black and white is saying that these kids can be charged for the Class C
▶ Play Suggest a correction Report an error
Representative Matthew Shepherd Unverified 1:15:05
felony. I agree. I mean, again, this is directed at sexual performances. So it's not directed at private relationships. It's directed at sexual performances, which necessarily involve sexual performance as defined under 527.401, which is the definition that I read a while ago that deals with, you know, live or photograph performance, filming, videotaping, and other depictions. My next
▶ Play Suggest a correction Report an error
Speaker 239 1:15:53
question is, with the Class C
▶ Play Suggest a correction Report an error
Representative Efrem Elliott Unverified 1:15:56
felony or Class B felony, these children can be charged as adults and actually have an adult, actually, you know, depending on how what happens, go to the Department of Correction for having sex at a young age. Is that correct?
▶ Play Suggest a correction Report an error
Representative Matthew Shepherd Unverified 1:16:13
If it involves some type of performance and the employment authorization or inducement in such a sexual performance, or if it involved producing, directing, or promoting a performance, then yes. But again, that's already criminal under the law. We're only extending the protection to include 17-year-olds.
▶ Play Suggest a correction Report an error
Speaker 66 1:16:43
Thank you, Madam Chair. All right, Representative Hammer, you're next
▶ Play Suggest a correction Report an error
Speaker 44 1:16:48
on the question list. Thank you, Mr. Chair. Some questions. There's about three or four, but they're yes or
▶ Play Suggest a correction Report an error
Representative Kim Hammer Unverified 1:16:55
no answers, please. There's been several references to children 17. I just want to qualify something. If a person chooses to join the military at 17, that is their choice. Is that correct? If a child graduates from school early, either because they are achieving at a rapid rate or they are willing to pay the price to graduate early. That is their choice. Is that correct? Yes. If a girl chooses to get married at 17 and the parents consent and sign, that is her choice and her parents' choice. Is that correct? Yes. Is this change directed at protecting those, this change in law, Is this directed at protecting those who may be put in a situation that is not of their choice and just simply trying to bring it into compliance with the other standard of what is considered adult age, which is 18? Is that a fair statement? Yes, sir. And one other thing, if this has, I know it is in other committees. I'm not really sure that we have defined it as a rule in our committee, But if this is going to introduce people to a Class C felony and a Class B felony and have, should there be a fiscal impact with this as far as how it may impact the prison system? And I'll appeal to the chair and ask that question. Representative
▶ Play Suggest a correction Report an error
Representative Stephanie Malone Chair Unverified 1:18:18
Hamer, there does not need to be a fiscal impact. And this is current law already. They're just changing the age. Okay, but if it changes
▶ Play Suggest a correction Report an error
Representative Kim Hammer Unverified 1:18:26
the age and that results in more? This committee does
▶ Play Suggest a correction Report an error
Representative Stephanie Malone Chair Unverified 1:18:29
not require a fiscal impact. Thank you, ma'am. Just want to qualify that. Thank
▶ Play Suggest a correction Report an error
Representative Kim Hammer Unverified 1:18:33
you, ma'am, Chair. Thank you all. Yes, sir. Seeing no further questions from the
▶ Play Suggest a correction Report an error
Representative Stephanie Malone Chair Unverified 1:18:39
committee, is there anyone in the audience who would like to speak for the bill, against the bill? Seeing none, Representative Shepard, are you closed for your bill?
▶ Play Suggest a correction Report an error
Representative Matthew Shepherd Unverified 1:18:53
I'm closed for your bill. Thank you, committee members, and I appreciate the questions. Thank you. what's the
▶ Play Suggest a correction Report an error
Representative Stephanie Malone Chair Unverified 1:19:02
motion of the committee do pass you have a motion do pass all in favor say aye any opposed no eyes have it your motion carries thank you committee see no other business to come before us we'll adjourn till nine o'clock
▶ Play Suggest a correction Report an error
Unknown speaker 1:19:26
clock on friday
▶ Play Suggest a correction Report an error

Agenda

Call to Order

0:01

HR1019

0:33

HR1036

1:30

HR1037

2:45

HR1028

5:59

SB625

8:52

SB710

31:40

HR1030

48:33

Break

50:00

HB2094

54:24

Adjournment

1:19:27

Documents

No documents posted.

Speakers

Representative Stephanie Malone Chair Unverified
64 segments
Representative Reginald Murdock Unverified
1 segment
Speaker 6
2 segments
Representative Tim Summers Unverified
15 segments
Speaker 20
1 segment
Speaker 21
4 segments
Speaker 18
2 segments
Speaker 22
2 segments
Speaker 29
1 segment
Speaker 30
1 segment
Speaker 42
1 segment
Speaker 44
2 segments
Speaker 43
1 segment
Speaker 49
1 segment
Speaker 51
1 segment
Representative David "Bubba" Powers Unverified
43 segments
Speaker 65
6 segments
Chair Unverified
5 segments
Representative Billy W. Gaskill Unverified
2 segments
Speaker 83
22 segments
Speaker 85
26 segments
Speaker 87
3 segments
Speaker 88
3 segments
Representative Stephen Meeks Unverified
9 segments
Speaker 99
10 segments
Representative Kim Hammer Unverified
23 segments
Representative John W. Walker Unverified
28 segments
Speaker 109
2 segments
Speaker 100
1 segment
Representative Justin T. Harris Unverified
15 segments
Speaker 140
1 segment
Speaker 84
1 segment
Speaker 147
1 segment
Representative Efrem Elliott Unverified
14 segments
Speaker 167
1 segment
Speaker 130
1 segment
Speaker 156
1 segment
Speaker 187
2 segments
Speaker 189
1 segment
Speaker 113
1 segment
Speaker 194
1 segment
Speaker 199
1 segment
Speaker 163
1 segment
Speaker 190
1 segment
Representative Matthew Shepherd Unverified
18 segments
Daniel Shue Unverified
14 segments
Speaker 213
1 segment
Speaker 227
2 segments
Representative Mary P. "Prissy" Hickerson Unverified
1 segment
Representative Gary Deffenbaugh Chair Unverified
6 segments
Speaker 210
1 segment
Speaker 239
1 segment
Speaker 66
1 segment