00 CS FOR HOUSE BILL NO. 375(HES) 01 "An Act relating to children-in-need-of-aid matters and proceedings; relating to 02 child abuse and neglect; relating to murder of children, kidnapping, the crime of 03 indecent exposure, and the crime of endangering the welfare of a child; relating 04 to sentencing for certain crimes involving child victims; relating to the state 05 medical examiner and reviews of child fatalities; relating to teacher certification 06 and convictions of crimes involving child victims; relating to access, confidentiality, 07 and release of certain information concerning the care of children, child abuse 08 and neglect, and child fatalities; authorizing the Department of Health and Social 09 Services to enter into an interstate compact concerning adoption and medical 10 assistance for certain children with special needs; relating to the review of cases 11 involving certain children who are in the custody of the state; authorizing the 12 establishment of multidisciplinary child protection teams and relating to their 13 duties; relating to persons required to report suspected child abuse or neglect; 14 relating to foster care placement and foster care licensing; relating to access to 01 certain criminal justice information and licensure of certain child care facilities; 02 relating to determinations of child custody and visitation in situations involving 03 domestic violence; amending Rule 218, Alaska Rules of Appellate Procedure; 04 amending the Alaska Child in Need of Aid Rules; and providing for an effective 05 date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. INTENT AND PURPOSE OF ACT. (a) The intent of this Act is to protect 08 children from abuse and neglect without prohibiting the use of reasonable methods of parental 09 discipline or prescribing a particular method of parenting. 10 (b) The purpose of this Act is to 11 (1) provide the legal mechanisms by which the state can use its resources to 12 implement the findings in this section for the best interest of children in this state; and 13 (2) override the court decisions in the following cases: 14  (A) Matter of J.L.F., 912 P.2d 1255 (Alaska 1996), In Re S.A., 912 15 P.2d 1235 (Alaska 1996), and F.T. v. State, 862 P.2d 857 (Alaska 1993), concerning 16 the standards to adjudicate a child in need of aid when a parent or caregiver is willing, 17 but unable, to provide essential care for a child; 18  (B) A.M. v. State, 891 P.2d 815 (Alaska 1995), and Nada A. v. State, 19 660 P.2d 436 (Alaska App. 1983), concerning the standards to terminate parental rights 20 when a parent is incarcerated; 21  (C) R.J.M. v. State, 946 P.2d 855 (Alaska 1997), concerning the type 22 of neglect necessary to adjudicate a child in need of aid under AS 47.10. 23 * Sec. 2. AS 10.06.961(a) is amended to read: 24  (a) Notwithstanding AS 13.46.085 or the appointment of a guardian of the 25 property of the  child  [MINOR] under  AS 47.10.010  [AS 47.10.010(c)], when a  child  26 [MINOR] who is in the custody of this state under AS 47.10 or  a minor who is in the 27 custody of this state under AS 47.12 or of another state under a provision similar to 28 AS 47.10 or AS 47.12 becomes entitled to receive dividends or other distributions 29 resulting from the ownership of stock or a membership in a corporation organized 30 under this chapter and under 43 U.S.C. 1601 - 1641 (Alaska Native Claims Settlement 31 Act), the corporation paying the dividends or making the other distributions shall retain 01 the dividends and other distributions in an interest bearing account for the benefit of 02 the  child  [MINOR] during the state custody. 03 * Sec. 3. AS 11.41.100(a) is amended to read: 04  (a) A person commits the crime of murder in the first degree if 05  (1) with intent to cause the death of another person, the person 06  (A) causes the death of any person; or 07  (B) compels or induces any person to commit suicide through 08 duress or deception; or 09  (2) the person knowingly engages  in conduct directed toward [, 10 UNDER CIRCUMSTANCES MANIFESTING EXTREME INDIFFERENCE TO THE 11 VALUE OF HUMAN LIFE, IN A PATTERN OR PRACTICE OF ASSAULT OR 12 TORTURE OF] a child under the age of 16, and [ONE OF THE ACTS OF ASSAULT 13 OR TORTURE RESULTS IN THE DEATH OF THE CHILD; FOR PURPOSES OF 14 THIS PARAGRAPH, A PERSON "ENGAGES IN A PATTERN OR PRACTICE OF 15 ASSAULT OR TORTURE" IF] the person  with criminal negligence causes 16 [INFLICTS] serious physical injury to the child by at least two separate acts, and one 17 of the acts results in the death of the child ; or 18  (3) the person with criminal negligence causes the death of a child 19 under the age of 16 during the course of committing or attempting to commit 20 sexual assault in the first degree, sexual abuse of a minor in the first degree, or 21 kidnapping . 22 * Sec. 4. AS 11.41.110(a) is amended to read: 23  (a) A person commits the crime of murder in the second degree if 24  (1) with intent to cause serious physical injury to another person or 25 knowing that the conduct is substantially certain to cause death or serious physical 26 injury to another person, the person causes the death of any person; 27  (2) the person knowingly engages in conduct that results in the death 28 of another person under circumstances manifesting an extreme indifference to the value 29 of human life; 30  (3)  under circumstances not amounting to murder in the first 31 degree,  acting either alone or with one or more persons, the person commits or 01 attempts to commit arson in the first degree, kidnapping, sexual assault in the first 02 degree, sexual assault in the second degree, burglary in the first degree, escape in the 03 first or second degree, robbery in any degree, or misconduct involving a controlled 04 substance under AS 11.71.010(a), 11.71.020(a), 11.71.030(a)(1) or (2), or 05 11.71.040(a)(1) or (2) and, in the course of or in furtherance of that crime, or in 06 immediate flight from that crime, any person causes the death of a person other than 07 one of the participants; [OR] 08  (4) acting with a criminal street gang, the person commits or attempts 09 to commit a crime that is a felony and, in the course of or in furtherance of that crime 10 or in immediate flight from that crime, any person causes the death of a person other 11 than one of the participants ; or 12  (5) the person with criminal negligence causes the death of a child 13 under the age of 16, and the person has been previously convicted of a crime 14 involving a child under the age of 16 that was 15  (A) in violation of AS 11.41; 16  (B) in violation of a law or ordinance in another jurisdiction 17 with elements similar to a crime under AS 11.41; or 18  (C) an attempt, a solicitation, or a conspiracy to commit a 19 crime listed in (A) or (B) of this paragraph in violation of AS 11.41 or of 20 a law or ordinance in another jurisdiction with similar elements . 21 * Sec. 5. AS 11.41.300(a) is amended to read: 22  (a) A person commits the crime of kidnapping if 23  (1) the person restrains another with intent to 24  (A) hold the restrained person for ransom, reward, or other 25 payment; 26  (B) use the restrained person as a shield or hostage; 27  (C) inflict physical injury upon or sexually assault the restrained 28 person or place the restrained person or a third person in apprehension that any 29 person will be subjected to serious physical injury or sexual assault; 30  (D) interfere with the performance of a governmental or 31 political function; 01  (E) facilitate the commission of a felony or flight after 02 commission of a felony; [OR] 03   (F) commit an offense in violation of AS 11.41.434 - 04 11.41.438 upon the restrained person or place the restrained person or a 05 third person in apprehension that a person will be subject to an offense in 06 violation of AS 11.41.434 - 11.41.438; or 07  (2) the person restrains another 08  (A) by secreting and holding the restrained person in a place 09 where the restrained person is not likely to be found; or 10  (B) under circumstances which expose the restrained person to 11 a substantial risk of serious physical injury. 12 * Sec. 6. AS 11.41.300(d) is amended to read: 13  (d) In a prosecution for kidnapping, it is an affirmative defense which reduces 14 the crime to a class A felony that the defendant voluntarily caused the release of the 15 victim alive in a safe place before arrest, or within 24 hours after arrest, without 16 having caused serious physical injury to the victim and without having engaged in 17 conduct described in AS 11.41.410(a) ,  [OR] 11.41.420 , 11.41.434, or 11.41.436 . 18 * Sec. 7. AS 11.41 is amended by adding a new section to read: 19  Sec. 11.41.458. Indecent exposure in the first degree. (a) An offender 20 commits the crime of indecent exposure in the first degree if 21  (1) the offender violates AS 11.41.460(a); 22  (2) while committing the act constituting the offense, the offender 23 knowingly masturbates; and 24  (3) the offense occurs within the observation of a person under 16 years 25 of age. 26  (b) Indecent exposure in the first degree is a class C felony. 27 * Sec. 8. AS 11.41.460 is amended to read: 28  Sec. 11.41.460. Indecent exposure in the second degree . (a) An offender 29 commits the crime of indecent exposure  in the second degree if the offender 30 intentionally exposes the offender's genitals to another person with reckless disregard 31 for the offensive, insulting, or frightening effect the act may have on that person. 01  (b) Indecent exposure  in the second degree before a person under 16 years 02 of age is a class A misdemeanor. Indecent exposure  in the second degree before a 03 person 16 years of age or older is a class B misdemeanor. 04 * Sec. 9. AS 11.51.100 is repealed and reenacted to read: 05  Sec. 11.51.100. Endangering the welfare of a child in the first degree. (a) 06 A person commits the crime of endangering the welfare of a child in the first degree 07 if, being a parent, guardian, or other person legally charged with the care of a child 08 under 16 years of age, the person 09  (1) intentionally deserts the child in a place under circumstances 10 creating a substantial risk of physical injury to the child; 11  (2) leaves the child with another person who is not a parent, guardian, 12 or lawful custodian of the child knowing that the person 13  (A) is registered or required to register as a sex offender under 14 AS 12.63 or a law or ordinance in another jurisdiction with similar 15 requirements; 16  (B) has been charged by complaint, information, or indictment 17 with a violation of AS 11.41.410 - 11.41.455 or a law or ordinance in another 18 jurisdiction with similar elements; or 19  (C) has been charged by complaint, information, or indictment 20 with an attempt, solicitation, or conspiracy to commit a crime described in (B) 21 of this paragraph; or 22  (3) leaves the child with another person knowing that the person has 23 previously physically mistreated or had sexual contact with any child, and the other 24 person causes physical injury or engages in sexual contact with the child. 25  (b) In this section, "physically mistreated" means 26  (1) having committed an act punishable under AS 11.41.100 - 27 11.41.250; or 28  (2) having applied force to a child that, under the circumstances in 29 which it was applied, or considering the age or physical condition of the child, 30 constitutes a gross deviation from the standard of conduct that a reasonable person 31 would observe in the situation because of the substantial and unjustifiable risk of 01  (A) death; 02  (B) serious or protracted disfigurement; 03  (C) protracted impairment of health; 04  (D) loss or impairment of the function of a body member or 05 organ; 06  (E) substantial skin bruising, burning, or other skin injury; 07  (F) internal bleeding or subdural hematoma; 08  (G) bone fracture; or 09  (H) prolonged or extreme pain, swelling, or injury to soft tissue. 10  (c) Endangering the welfare of a child in the first degree under (a)(1) or (2) of 11 this section is a class C felony. 12  (d) Endangering the welfare of a child in the first degree under (a)(3) of this 13 section is a 14  (1) class B felony if the child dies; 15  (2) class C felony if the child suffers sexual contact, sexual penetration, 16 or serious physical injury; or 17  (3) class A misdemeanor if the child suffers physical injury. 18 * Sec. 10. AS 11.51 is amended by adding a new section to read: 19  Sec. 11.51.110. Endangering the welfare of a child in the second degree. 20 (a) A person commits the crime of endangering the welfare of a child in the second 21 degree if, being a parent, guardian, or other person legally charged with the care of a 22 child under 10 years of age, the person, while caring for the child, 23  (1) knowingly possesses a controlled substance that is not authorized 24 under AS 17.30; 25  (2) is incapacitated by a controlled substance that is authorized under 26 AS 17.30 and a third person who is at least 12 years of age and not incapacitated by 27 an intoxicant is not present to care for the child; or 28  (3) is incapacitated by an intoxicant that is not authorized under 29 AS 17.30. 30  (b) In this section, 31  (1) "incapacitated" means that a person is unconscious or the person's 01 judgment is so impaired that the person is incapable of making rational decisions with 02 respect to the basic safety or personal needs of a child; 03  (2) "intoxicant" has the meaning given in AS 47.10.990. 04  (c) Endangering the welfare of a child in the second degree is a violation. 05 * Sec. 11. AS 12.55.025(i) is amended to read: 06  (i) Except as provided by AS 12.55.125(a)(3),  12.55.125(k)(2)  [12.55.125(k)], 07 12.55.145(d), 12.55.155(f), and 12.55.165, the preponderance of the evidence standard 08 of proof applies to sentencing proceedings. 09 * Sec. 12. AS 12.55.125(c) is amended to read: 10  (c) A defendant convicted of a class A felony may be sentenced to a definite 11 term of imprisonment of not more than 20 years [,] and shall be sentenced to the 12 following presumptive terms, subject to adjustment as provided in AS 12.55.155 - 13 12.55.175: 14  (1) if the offense is a first felony conviction and does not involve 15 circumstances described in (2) of this subsection, five years; 16  (2) if the offense is a first felony conviction 17   (A)  [,] other than for manslaughter [,] and the defendant 18 possessed a firearm, used a dangerous instrument, or caused serious physical 19 injury during the commission of the offense, or knowingly directed the conduct 20 constituting the offense at a uniformed or otherwise clearly identified peace 21 officer, fire fighter, correctional employee, emergency medical technician, 22 paramedic, ambulance attendant, or other emergency responder who was 23 engaged in the performance of official duties at the time of the offense, seven 24 years; 25   (B) for manslaughter and the victim is a child under the age 26 of 16, seven years; 27  (3) if the offense is a second felony conviction, 10 years; 28  (4) if the offense is a third felony conviction and the defendant is not 29 subject to sentencing under (l) of this section, 15 years. 30 * Sec. 13. AS 12.55.125(k) is amended to read: 31  (k) A first felony offender convicted of an offense for which a presumptive 01 term of imprisonment is not specified under this section 02   (1) may be sentenced to a term of unsuspended imprisonment that 03 exceeds the presumptive term of a second or third felony offender convicted of the 04 same crime if the offender is convicted of criminally negligent homicide and the 05 victim is a child under the age of 16; 06  (2) except as provided in (1) of this subsection, may not be sentenced 07 to a term of unsuspended imprisonment that exceeds the presumptive term for a second 08 felony offender convicted of the same crime unless the court finds by clear and 09 convincing evidence that an aggravating factor under AS 12.55.155(c) is present, or that 10 circumstances exist that would warrant a referral to the three-judge panel under 11 AS 12.55.165. 12 * Sec. 14. AS 12.55.155(e) is amended to read: 13  (e) If a factor in aggravation is a necessary element of the present offense, or 14 requires the imposition of a presumptive term under  AS 12.55.125(c)(2)(A)  15 [AS 12.55.125(c)(2)], that factor may not be used to aggravate the presumptive term. 16 If a factor in mitigation is raised at trial as a defense reducing the offense charged to 17 a lesser included offense, that factor may not be used to mitigate the presumptive term. 18 * Sec. 15. AS 12.65.005(a) is amended to read: 19  (a) Unless the person has reasonable grounds to believe that notice has already 20 been given, a person who attends a death or has knowledge of a death, in addition to 21 notifying a peace officer, shall immediately notify the state medical examiner when the 22 death appears to have 23  (1) been caused by unknown or criminal means, during the commission 24 of a crime, or by suicide, accident, or poisoning; 25  (2) occurred under suspicious or unusual circumstances or occurred 26 suddenly when the decedent was in apparent good health; 27  (3) been unattended by a practicing physician or occurred less than 24 28 hours after the deceased was admitted to a medical facility; 29  (4) been associated with a diagnostic or therapeutic procedure; 30  (5) resulted from a disease that constitutes a threat to public health; 31  (6) been caused by a disease, injury, or toxic agent resulting from 01 employment; 02  (7) occurred in a jail or corrections facility owned or operated by the 03 state or a political subdivision of the state or in a facility for the placement of persons 04 in the custody or under the supervision of the state; 05  (8) occurred in a foster home; 06  (9) occurred in a mental institution or mental health treatment facility; 07 [OR] 08  (10) occurred while the deceased was in the custody of, or was being 09 taken into the custody of, the state or a political subdivision of the state or a public 10 officer or agent of the state or a political subdivision of the state ; or 11  (11) been of a child under 18 years of age or under the legal custody 12 of the Department of Health and Social Services, subject to the jurisdiction of 13 AS 47.10 or AS 47.12, unless the 14  (A) child's death resulted from a natural disease process and 15 was medically expected; and 16  (B) the child was under supervised medical care during the 17 24 hours before the death . 18 * Sec. 16. AS 12.65.015 is amended by adding a new subsection to read: 19  (e) The state medical examiner shall facilitate the formation of local, regional, 20 or district child fatality review teams to assist local, regional, and district medical 21 examiners in determining the cause and manner of deaths of children under 18 years 22 of age. If a team is formed under this subsection, the team shall have the same access 23 to information, confidentiality requirements, and immunity as provided to the state child 24 fatality review team under AS 12.65.140. A meeting of a team formed under this 25 subsection is closed to the public and not subject to the provisions of AS 44.62.310 and 26 44.62.312. A review by a local, regional, or district child fatality review team does not 27 relieve the state child fatality review team under AS 12.65.120 of the responsibility for 28 reviewing a death under AS 12.65.130. A person on a local, regional, or district child 29 fatality review team is not eligible to receive compensation from the state for service 30 on the team, but is eligible for travel expenses and per diem from the Department of 31 Health and Social Services under AS 39.20.180. A person on a team formed under this 01 subsection serves at the pleasure of the state medical examiner. 02 * Sec. 17. AS 12.65 is amended by adding new sections to read: 03  Sec. 12.65.120. State child fatality review team. (a) The state child fatality 04 review team is established in the Department of Health and Social Services to assist the 05 state medical examiner. The team is composed of 06  (1) the following persons, or that person's designee: 07  (A) the state medical examiner; 08  (B) a state prosecutor with experience in homicide prosecutions, 09 appointed by the attorney general; 10  (C) an investigator with the state troopers who has experience 11 in conducting investigations of homicide, child abuse, or child neglect, 12 appointed by the commissioner of public safety; 13  (D) a social worker with the Department of Health and Social 14 Services who has experience in conducting investigations of child abuse and 15 neglect, appointed by the commissioner of health and social services; 16  (2) the following persons, or that person's designee, appointed by the 17 commissioner of health and social services: 18  (A) a physician licensed under AS 08.64 who 19  (i) specializes in neonatology or perinatology; or 20  (ii) is certified by the American Board of Pediatrics; 21  (B) a municipal law enforcement officer with experience in 22 conducting investigations of homicide, child abuse, or child neglect; 23  (C) other persons whose experience and expertise would, as 24 determined by the commissioner of health and social services, contribute to the 25 effectiveness of the team. 26  (b) A team member is not eligible to receive compensation from the state for 27 service on the team. A member appointed under (a)(2) of this section 28  (1) is eligible for travel expenses and per diem from the Department of 29 Health and Social Services under AS 39.20.180; and 30  (2) serves at the pleasure of the commissioner of health and social 31 services. 01  (c) In addition to the persons specified in (a) of this section, the team may 02 invite a person to participate as a member of the team if the person has expertise that 03 would be helpful to the team in a review of a specific death. A person participating 04 under this subsection is eligible only for travel expenses and per diem from the 05 Department of Health and Social Services under AS 39.20.180. 06  (d) The state medical examiner serves as chair of the team. 07  Sec. 12.65.130. State child fatality review team duties. (a) The state child 08 fatality review team shall 09  (1) assist the state medical examiner in determining the cause and 10 manner of the deaths in this state of children under 18 years of age; 11  (2) unless the child's death is currently being investigated by a law 12 enforcement agency, review a report of a death of a child within 48 hours of the report 13 being received by the medical examiner if 14  (A) the death is of a child under 10 years of age; 15  (B) the deceased child, a sibling, or a member of the deceased 16 child's household 17  (i) is in the legal or physical custody of the state under 18 AS 47 or under similar custody of another state or political subdivision 19 of a state; or 20  (ii) has been the subject of a report of harm under 21 AS 47.17 or a child abuse or neglect investigation by the Department of 22 Health and Social Services or by a similar child protective service in this 23 or another state; 24  (C) a protective order under AS 18.66.100 or 18.66.110 has been 25 in effect during the previous year in which the petitioner or respondent was a 26 member of the deceased child's immediate family or household; or 27  (D) the child's death occurred in a mental health institution, 28 mental health treatment facility, foster home, or other residential or child care 29 facility, including a day care facility; 30  (3) review records concerning 31  (A) abuse or neglect of the deceased child or another child in the 01 deceased child's household; 02  (B) the criminal history or juvenile delinquency of a person who 03 may have caused the death of the child and of persons in the deceased child's 04 household; and 05  (C) a history of domestic violence involving a person who may 06 have caused the death of the child or involving persons in the deceased child's 07 household, including records in the central registry of protective orders under 08 AS 18.65.540; 09  (4) if insufficient information exists to adequately determine the cause 10 and manner of death, recommend to the state medical examiner that additional 11 information be obtained under AS 12.65.020; and 12  (5) if a local, regional, or district child fatality review team has not been 13 appointed under AS 12.65.015 or is not available, be available to provide 14 recommendations, suggestions, and advice to state or municipal law enforcement or 15 social service agencies in the investigation of deaths of children. 16  (b) The state child fatality review team may 17  (1) collect data and analyze and interpret information regarding deaths 18 of children in this state; 19  (2) develop state and local data bases on deaths of children in this state; 20  (3) develop a model protocol for the investigation of deaths of children; 21 and 22  (4) periodically issue reports to the public containing statistical data and 23 other information that does not violate federal or state law concerning confidentiality 24 of the children and their families involved in the reviews; these reports may include 25  (A) identification of trends, patterns, and risk factors in deaths 26 of the children; 27  (B) analyses of the incidence and causes of deaths of children 28 in this state; 29  (C) recommendations for improving the coordination of 30 government services and investigations; and 31  (D) recommendations for prevention of future deaths of children. 01  Sec. 12.65.140. Records; information; meetings; confidentiality; immunity. 02 (a) The state child fatality review team and its members shall have access to all 03 information and records to which the state medical examiner has access under this 04 chapter. The state child fatality review team and its members shall maintain the 05 confidentiality of information and records concerning deaths under review, except when 06 disclosures may be necessary to enable the team to carry out is duties under this 07 chapter. However, the team and its members may not disclose a record that is 08 confidential under federal or state law. 09  (b) Except for public reports issued by the team, records, and other information 10 collected by the team or a member of the team related to duties under this chapter are 11 confidential and not subject to public disclosure under AS 09.25.100 - 09.25.220. 12  (c) Meetings of the state child fatality review team are closed to the public and 13 are not subject to the provisions of AS 44.62.310 and 44.62.312. 14  (d) The determinations, conclusions, and recommendations of the state child 15 fatality review team, or its members, are not admissible in a civil or criminal 16 proceeding. Members may not be compelled to disclose their determinations, 17 conclusions, recommendations, discussions, or thought processes through discovery or 18 testimony in any civil or criminal proceeding. Records and information collected by 19 the state child fatality review team are not subject to discovery or subpoena in 20 connection with a civil or criminal proceeding. 21  (e) Notwithstanding (d) of this section, the state medical examiner may testify 22 in a civil or criminal proceeding even though the death was reviewed by the state child 23 fatality review team under AS 12.65.130 and information received from the review 24 formed a basis of the state medical examiner's testimony. 25  (f) A person who is a member or an employee of, or who furnishes services to 26 or advises, the state child fatality review team is not liable for damages or other relief 27 in an action brought by reason of the performance of a duty, a function, or an activity 28 of the review team. 29 * Sec. 18. AS 14.20.020(f) is amended to read: 30  (f)  The  [EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, 31 THE] department may not issue a teacher certificate to a person who has been 01 convicted of a crime involving a minor under AS 11.41.434 - 11.41.440, 11.41.455, 02  11.41.458, or 11.41.460, or under a law in another jurisdiction with elements 03 substantially similar to an offense described in AS 11.41.434 - 11.41.440, 11.41.455, 04  11.41.458, or 11.41.460 , or that is an attempt, solicitation, or conspiracy to commit 05 a crime described in this subsection or a law or ordinance in another jurisdiction 06 with similar elements . [WHEN FIVE YEARS HAVE ELAPSED AFTER A PERSON 07 HAS RECEIVED AN UNCONDITIONAL DISCHARGE FOR A CONVICTION OF 08 A CRIME LISTED IN THIS SUBSECTION, THE PERSON MAY PETITION THE 09 DEPARTMENT TO ISSUE THE CERTIFICATE IN SPITE OF THE CONVICTION 10 IF THE PERSON OTHERWISE SATISFIES THE REQUIREMENTS FOR THE 11 CERTIFICATE. WHEN DECIDING WHETHER TO GRANT OR DENY THE 12 PETITION, THE DEPARTMENT SHALL CONSIDER THE NATURE OF THE 13 PARTICULAR CRIME, WHETHER AND TO WHAT EXTENT THE PERSON HAS 14 BEEN REHABILITATED, AND THE OTHER FACTORS THAT THE 15 DEPARTMENT DETERMINES ARE SIGNIFICANT.] 16 * Sec. 19. AS 14.20.030(b) is amended to read: 17  (b)  Upon receipt of a judgment of conviction, the department [THE 18 COMMISSIONER OR THE PROFESSIONAL TEACHING PRACTICES 19 COMMISSION] shall  permanently revoke , effective immediately, [FOR LIFE] the 20 certificate of a person who has been convicted of a crime involving a minor under 21 AS 11.41.434 - 11.41.440, 11.41.455,  11.41.458, or 11.41.460, or under a law in 22 another jurisdiction with elements substantially similar to an offense described in 23 AS 11.41.434 - 11.41.440, 11.41.455,  11.41.458, or 11.41.460 , or that is an attempt, 24 solicitation, or conspiracy to commit a crime described in this subsection or a law 25 or ordinance in another jurisdiction with similar elements. If the judgment of 26 conviction is reversed on appeal and the person is otherwise eligible for licensure, 27 the department shall reinstate the license . [WHEN FIVE YEARS HAVE ELAPSED 28 AFTER THE PERSON HAS RECEIVED AN UNCONDITIONAL DISCHARGE FOR 29 THE CONVICTION, THE PERSON MAY PETITION THE COMMISSION FOR 30 RECERTIFICATION. WHEN DECIDING WHETHER TO GRANT OR DENY THE 31 PETITION, THE COMMISSION SHALL CONSIDER THE NATURE OF THE 01 PARTICULAR CRIME, WHETHER AND TO WHAT EXTENT THE PERSON HAS 02 BEEN REHABILITATED, AND THE OTHER FACTORS THAT THE COMMISSION 03 DETERMINES ARE SIGNIFICANT.] 04 * Sec. 20. AS 22.15.100 is amended to read: 05  Sec. 22.15.100. Functions and powers of district judge and magistrate. 06 Each district judge and magistrate has the power 07  (1) to issue writs of habeas corpus for the purpose of inquiring into the 08 cause of restraint of liberty, returnable before a judge of the superior court, and the 09 same proceedings shall be had on the writ as if it had been granted by the superior 10 court judge under the laws of the state in such cases; 11  (2) of a notary public; 12  (3) to solemnize marriages; 13  (4) to issue warrants of arrest, summons, and search warrants according 14 to manner and procedure prescribed by law and the supreme court; 15  (5) to act as an examining judge or magistrate in preliminary 16 examinations in criminal proceedings; to set, receive, and forfeit bail and to order the 17 release of defendants under bail; 18  (6) to act as a referee in matters and actions referred to the judge or 19 magistrate by the superior court, with all powers conferred upon referees by laws; 20  (7) of the superior court in all respects including but not limited to 21 contempts, attendance of witnesses, and bench warrants; 22  (8) to order the temporary detention of a minor, or take other action 23 authorized by law or rules of procedure, in cases arising under  AS 47.10 [AS 47.10.010 24 - 47.10.142] or AS 47.12, when the minor is in a condition or surrounding dangerous 25 or injurious to the welfare of the minor or others that requires immediate action; the 26 action may be continued in effect until reviewed by the superior court in accordance 27 with rules of procedure governing these cases; 28  (9) to issue a protective order in cases involving domestic violence as 29 provided in AS 18.66.100 - 18.66.180; 30  (10) to review an administrative revocation of a person's driver's license 31 or nonresident privilege to drive, and an administrative refusal to issue an original 01 license, when designated as a hearing officer by the commissioner of administration and 02 with the consent of the administrative director of the state court system; 03  (11) to establish the fact of death or inquire into the death of a person 04 in the manner prescribed under AS 09.55.020 - 09.55.069. 05 * Sec. 21. AS 25.20.061 is amended to read: 06  Sec. 25.20.061. Presumptions [VISITATION] in proceedings involving 07 domestic violence.  (a) If the court finds in a proceeding involving child custody 08 that domestic violence has occurred, rebuttable presumptions arise that it is 09  (1) detrimental to the child and not in the best interest of the child 10 to be placed in sole custody, joint legal custody, or joint physical custody with the 11 perpetrator of the domestic violence; and 12  (2) in the best interest of the child to reside with the parent who is 13 not a perpetrator of domestic violence in a location of that parent's choice, inside 14 or outside the state. 15  (b) In addition to the rebuttable presumptions that a court must consider 16 under (a) of this section, if the court finds that domestic violence has occurred, the 17 court shall consider the following factors in making an award of child custody: 18  (1) the safety and well-being of the child or of the parent who is the 19 victim of domestic violence; 20  (2) the perpetrator's history of causing physical harm, bodily injury, 21 or assault, or of causing reasonable fear of physical harm, bodily injury, or assault 22 to another person. 23  (c) If a parent is absent or relocates because of an act of domestic violence 24 by the other parent, the court may not consider the absence or relocation as a 25 factor against that parent in determining custody. 26  (d) The court may award  [IF] visitation [IS AWARDED] to a parent who has 27 committed a crime involving domestic violence, against the other parent or a child of 28 the two parents,  only if the court finds the safety of the child and the other parent 29 can be protected. 30  (e) If visitation is awarded under (d) of this section  [WITHIN THE FIVE 31 YEARS PRECEDING THE AWARD OF VISITATION], the court may set conditions 01 for the visitation, including  the following:  02  (1) the transfer of the child for visitation must occur in a protected 03 setting; 04  (2) visitation shall be supervised by another person or agency and under 05 specified conditions as ordered by the court; 06  (3) the perpetrator shall attend and complete, to the satisfaction of the 07 court, a program for the rehabilitation of perpetrators of domestic violence that meets 08 the standards set by the Department of Corrections under AS 44.28.020(b), or other 09 counseling; the perpetrator shall be required to pay the costs of the program or other 10 counseling; 11  (4) the perpetrator shall abstain from possession or consumption of 12 alcohol or controlled substances during the visitation and for 24 hours before visitation; 13  (5) the perpetrator shall pay costs of supervised visitation as set by the 14 court; 15  (6) the prohibition of overnight visitation; 16  (7) the perpetrator shall post a bond to the court for the return and 17 safety of the child; and 18  (8) any other condition necessary for the safety of the child, the other 19 parent, or other household member. 20 * Sec. 22. AS 25.20.070 is amended to read: 21  Sec. 25.20.070. Temporary custody of the child. Unless it is shown to be 22 detrimental to the welfare of the child  or the court determines that domestic violence 23 has occurred , the child shall have, to the greatest degree practical, equal access to both 24 parents during the time that the court considers an award of custody under 25 AS 25.20.060 - 25.20.130. 26 * Sec. 23. AS 25.20.090 is amended to read: 27  Sec. 25.20.090. Factors for consideration in awarding shared child custody. 28 In determining whether to award shared custody of a child the court shall consider 29  (1)  presumptions under AS 25.20.061;  30   (2)  the child's preference if the child is of sufficient age and capacity 31 to form a preference; 01   (3)  [(2)] the needs of the child; 02   (4)  [(3)] the stability of the home environment likely to be offered by 03 each parent; 04   (5)  [(4)] the education of the child; 05   (6)  [(5)] the advantages of keeping the child in the community where 06 the child presently resides; 07   (7)  [(6)] the optimal time for the child to spend with each parent 08 considering 09  (A) the actual time spent with each parent; 10  (B) the proximity of each parent to the other and to the school 11 in which the child is enrolled; 12  (C) the feasibility of travel between the parents; 13  (D) special needs unique to the child that may be better met by 14 one parent than the other; 15  (E) which parent is more likely to encourage frequent and 16 continuing contact with the other parent; 17   (8)  [(7)] any findings and recommendations of a neutral mediator; 18   (9)  [(8)] any evidence of domestic violence, child abuse, or child neglect 19 in the proposed custodial household or a history of violence between the parents; 20   (10)  [(9)] evidence that substance abuse by either parent or other 21 members of the household directly affects the emotional or physical well-being of the 22 child; 23   (11)  [(10)] other factors the court considers pertinent. 24 * Sec. 24. AS 25.23.180(c) is amended to read: 25  (c) The relationship of parent and child may be terminated by a court order 26 issued in connection with a proceeding under this chapter or a proceeding under 27 AS 47.10  on the grounds  [:] 28  (1) [ON THE GROUNDS] specified in  AS 47.10.080(o) or 47.10.088  29 [AS 47.10.080(c)(3)]; 30  (2) [ON THE GROUNDS] that a parent who does not have custody is 31 unreasonably withholding consent to adoption, contrary to the best interest of the minor 01 child; or 02  (3) [ON GROUNDS] that the parent committed an act constituting 03 sexual assault or sexual abuse of a minor under the laws of this state or a comparable 04 offense under the laws of the state where the act occurred that resulted in conception 05 of the child and that termination of the parental rights of the biological parent is in the 06 best interests of the child. 07 * Sec. 25. AS 25.24.150(c) is amended to read: 08  (c) The court shall determine custody in accordance with the best interests of 09 the child under AS 25.20.060 - 25.20.130. In determining the best interests of the child 10 the court shall consider 11  (1)  presumptions under AS 25.20.061; 12  (2)  the physical, emotional, mental, religious, and social needs of the 13 child; 14   (3)  [(2)] the capability and desire of each parent to meet these needs; 15   (4)  [(3)] the child's preference if the child is of sufficient age and 16 capacity to form a preference; 17   (5)  [(4)] the love and affection existing between the child and each 18 parent; 19   (6)  [(5)] the length of time the child has lived in a stable, satisfactory 20 environment and the desirability of maintaining continuity; 21   (7)  [(6)] the desire and ability of each parent to allow an open and 22 loving frequent relationship between the child and the other parent; 23   (8)  [(7)] any evidence of domestic violence, child abuse, or child neglect 24 in the proposed custodial household or a history of violence between the parents; 25   (9)  [(8)] evidence that substance abuse by either parent or other 26 members of the household directly affects the emotional or physical well-being of the 27 child; 28   (10)  [(9)] other factors that the court considers pertinent. 29 * Sec. 26. AS 43.23.065(b) is amended to read: 30  (b) An exemption is not available under this section for permanent fund 31 dividends taken to satisfy 01  (1) child support obligations required by court order or decision of the 02 child support enforcement agency under AS 25.27.140 - 25.27.220; 03  (2) court ordered restitution under AS 12.55.045 - 12.55.051, 12.55.100, 04 or AS 47.12.120(b)(4); 05  (3) claims on defaulted scholarship loans under AS 43.23.067; 06  (4) court ordered fines; 07  (5) writs of execution under AS 09.35 of a judgment that is entered 08  (A) against a minor in a civil action to recover damages and 09 court costs; 10  (B) under AS 34.50.020 against the parent, parents, or legal 11 guardian of an unemancipated minor; 12  (6) a debt owed by an eligible individual to an agency of the state, 13 unless the debt is contested and an appeal is pending, or the time limit for filing an 14 appeal has not expired; 15  (7) a debt owed to a person for a program for the rehabilitation of 16 perpetrators of domestic violence required under AS 12.55.101, AS 18.66.100(c)(15), 17  AS 25.20.061(e)(3)  [AS 25.20.061(3)], or AS 33.16.150(f)(2). 18 * Sec. 27. AS 47.05 is amended by adding a new section to read: 19  Sec. 47.05.065. Legislative findings related to children. The legislature finds 20 that 21  (1) parents have the following rights and responsibilities relating to the 22 care and control of their child while the child is a minor: 23  (A) the responsibility to provide the child with food, clothing, 24 shelter, education, and medical care; 25  (B) the right and responsibility to protect, nurture, train, and 26 discipline the child; 27  (C) the right to determine where and with whom the child shall 28 live; 29  (D) the rights and responsibility to make decisions of legal or 30 financial significance concerning the child; 31  (E) the right to obtain representation for the child in legal 01 actions; and 02  (F) the responsibility to provide special safeguards and care, 03 including appropriate protection for the child; 04  (2) it is the policy of the state to recognize that the purpose of this title 05 and the services provided to families under this title is to protect children from child 06 abuse and neglect and to preserve and strengthen the family and that 07  (A) except in those cases involving serious risk to a child's 08 health or safety, the Department of Health and Social Services should make 09 reasonable efforts to offer appropriate family support services that identify and 10 provide to parents and guardians the necessary opportunities to adjust their 11 circumstances, conduct, or conditions to prevent removal of a child from the 12 home and, if the child is removed, to make return of the child possible so as to 13 prevent termination of parental rights; and 14  (B) when a child is removed from the home, the department 15 should make reasonable efforts to provide weekly supervised or unsupervised 16 visitation between the child and the child's parent or guardian and extended 17 family members unless a mental health practitioner experienced with treating 18 children has determined that the visitation would be harmful to the child; 19  (3) it is the policy of the state to recognize that, when a child is a ward 20 of the state, the child is entitled to reasonable safety, adequate care, and adequate 21 treatment and that the Department of Health and Social Services as legal custodian and 22 the child's guardian ad litem as guardian of the child's best interests and their agents 23 and assignees, each should make reasonable efforts to ensure that the child is provided 24 with reasonable safety, adequate care, and adequate treatment for the duration of time 25 that the child is a ward of the state; 26  (4) it is in the best interests of a child who has been removed from the 27 child's own home for the state to apply the following principles in resolving the 28 situation: 29  (A) the child should be placed in a safe, secure, and stable 30 environment; 31  (B) the child should not be moved unnecessarily; 01  (C) a planning process should be followed to lead to permanent 02 placement of the child; 03  (D) every effort should be made to encourage psychological 04 attachment between the adult caregiver and the child; 05  (E) immediate and regular visitation between the child and the 06 child's parent or guardian and extended family members should be encouraged; 07 and 08  (F) parents and guardians must actively participate in family 09 support services so as to facilitate the child's being able to remain in the home; 10 when children are removed from the home, the parents and guardians must 11 actively participate in family support services to make return of their children 12 to the home possible; 13  (5) parents and guardians have the right to direct the upbringing of their 14 children, including their medical care and the right to exercise reasonable corporal 15 discipline; 16  (6) numerous studies establish that 17  (A) children undergo a critical attachment process before the 18 time they reach six years of age; 19  (B) a child who has not attached with an adult caregiver during 20 this critical stage will suffer significant emotional damage that frequently leads 21 to chronic psychological problems and antisocial behavior when the child 22 reaches adolescence and adulthood; and 23  (C) it is important to provide for an expedited placement 24 procedure to ensure that all children, especially those under the age of six years, 25 who have been removed from their homes are placed in permanent homes 26 expeditiously. 27 * Sec. 28. AS 47.05 is amended by adding a new section to read: 28  Sec. 47.05.090. Authorization of the Interstate Compact on Adoption and 29 Medical Assistance. (a) The Department of Health and Social Services may, on 30 behalf of the state, enter into the Interstate Compact on Adoption and Medical 31 Assistance and supplementary agreements with agencies of other states for the provision 01 of adoption and medical assistance under AS 47.07 and other provisions of this title for 02 eligible children with special needs. 03  (b) In this section, "state" includes a state, territory, possession, or 04 commonwealth of the United States. 05 * Sec. 29. AS 47.10 is amended by adding a new section to read: 06  Sec. 47.10.005. Construction. The provisions of this chapter shall be liberally 07 construed to the end that a child coming within the jurisdiction of the court under this 08 chapter may receive the care, guidance, treatment, and control that will promote the 09 child's welfare. 10 * Sec. 30. AS 47.10.010 is repealed and reenacted to read: 11  Sec. 47.10.010. Jurisdiction. (a) Proceedings relating to a child under 18 12 years of age residing or found in the state are governed by this chapter when the child 13 is alleged to be or may be determined by the court to be a child in need of aid under 14 AS 47.10.011. 15  (b) In a controversy concerning custody of a child under this chapter, the court 16 may appoint a guardian of the person and property of a child, may appoint an attorney 17 to represent the legal interests of the child, and may order support from either or both 18 parents. Custody of a child may be given to the department and payment of support 19 money to the department may be ordered by a court. 20 * Sec. 31. AS 47.10 is amended by adding new sections to read: 21  Sec. 47.10.011. Children in need of aid. Subject to AS 47.10.019, the court 22 may find a child to be a child in need of aid if it finds by a preponderance of the 23 evidence that the child has been subjected to any of the following: 24  (1) a parent or guardian has abandoned the child as described in 25 AS 47.10.013, and the other parent is absent or has committed conduct or created 26 conditions that cause the child to be a child in need of aid under this chapter; 27  (2) a parent, guardian, or custodian is incarcerated, the other parent is 28 absent or has committed conduct or created conditions that cause the child to be a child 29 in need of aid under this chapter, and the incarcerated parent has not made satisfactory 30 arrangements for the child; 31  (3) a custodian with whom the child has been left is unwilling or unable 01 to provide care, supervision, or support for the child, and the whereabouts of the parent 02 or guardian is unknown; 03  (4) the child is in need of medical treatment to cure, alleviate, or 04 prevent substantial physical harm or is in need of treatment for mental injury, and the 05 child's parent, guardian, or custodian has knowingly failed to provide the treatment; 06  (5) the child is habitually absent from home or refuses to accept 07 available care and the child's conduct threatens the child's physical or emotional health 08 or safety; 09  (6) the child has suffered substantial physical harm, or there is a 10 substantial risk that the child will suffer substantial physical harm, as a result of 11 conduct by or conditions created by the child's parent, guardian, or custodian or by the 12 failure of the parent, guardian, or custodian to supervise the child adequately; 13  (7) the child has suffered sexual abuse, or there is a substantial risk that 14 the child will suffer sexual abuse, as a result of conduct by or conditions created by the 15 child's parent, guardian, or custodian or by the failure of the parent, guardian, or 16 custodian to adequately supervise the child; if a parent, guardian, or custodian has 17 actual notice that a person has been convicted of a sex offense against a minor within 18 the past 15 years, is registered or required to register as a sex offender under AS 12.63, 19 or is under investigation for a sex offense against a minor, and the parent, guardian, or 20 custodian subsequently allows a child to be left with that person, this conduct 21 constitutes prima facie evidence that the child is at substantial risk of being sexually 22 abused; 23  (8) conduct by or conditions created by the parent, guardian, or 24 custodian have resulted in mental injury to the child; 25  (9) conduct by or conditions created by the parent, guardian, or 26 custodian have subjected the child or another child in the same household to neglect; 27  (10) the parent, guardian, or custodian's ability to parent has been 28 substantially impaired by the addictive or habitual use of an intoxicant; if a court has 29 previously found that a child is a child in need of aid under this paragraph, the 30 resumption of use of an intoxicant by a parent, guardian, or custodian within one year 31 after rehabilitation is prima facie evidence that the ability to parent is substantially 01 impaired as described in this paragraph; 02  (11) the parent, guardian, or custodian has a mental illness, serious 03 emotional disturbance, or mental deficiency of a nature and duration that has caused 04 substantial physical harm to the child or creates a risk of substantial physical harm to 05 the child; 06  (12) the child has committed an illegal act as a result of pressure, 07 guidance, or approval from the child's parent, guardian, or custodian. 08  Sec. 47.10.013. Abandonment. For purposes of this chapter, the court may 09 find abandonment of a child if a parent or guardian has shown a conscious disregard 10 of parental responsibilities toward the child by failing to provide reasonable support, 11 maintain regular contact, or provide normal supervision and the failure is accompanied 12 by intention on the part of the parent or guardian to permit the failure to continue for 13 an indefinite period. Abandonment of a child also includes instances when the parent 14 or guardian, without justifiable cause, 15  (1) left the child with another person without provision for the child's 16 support and without meaningful communication with the child for a period of three 17 months; 18  (2) has made only minimal efforts to support and communicate with the 19 child; 20  (3) failed for a period of at least six months to maintain regular 21 visitation with the child; 22  (4) failed to participate in a suitable plan or program designed to reunite 23 the parent or guardian with the child; 24  (5) left the child without affording means of identifying the child and 25 the child's parent or guardian; 26  (6) was absent from the home for a period of time that created a 27 substantial risk of serious harm to a child left in the home; 28  (7) failed to respond to notice of child protective proceedings; or 29  (8) was unwilling to provide care, support, or supervision for the child. 30  Sec. 47.10.014. Neglect. For purposes of this chapter, the court may find 31 neglect of a child if the parent, guardian, or custodian fails to provide the child with 01 adequate food, clothing, shelter, education, medical attention, or other care and control 02 necessary for the child's physical and mental health and development, though 03 financially able to do so or offered financial or other reasonable means to do so. 04  Sec. 47.10.015. Physical harm. For the purposes of this chapter, the court may 05 find physical harm to a child or substantial risk of physical harm to a child if 06  (1) the child was the victim of an act described in AS 11.41.100 - 07 11.41.250, 11.41.300, 11.41.410 - 11.41.455, or AS 11.51.100 and the physical harm 08 occurred as a result of conduct by or conditions created by a parent, guardian, or 09 custodian; or 10  (2) a negligent act or omission by a parent, guardian, or custodian 11 creates a substantial risk of injury to the child. 12  Sec. 47.10.019. Limitations on determinations. Notwithstanding other 13 provisions of this chapter, the court may not find a minor to be a child in need of aid 14 under this chapter solely on the basis that the child's family is poor, lacks adequate 15 housing, or exhibits a lifestyle that is different from the generally accepted lifestyle 16 standard of the community where the family lives. However, this section may not be 17 construed to prevent a court from finding that a child is in need of aid if the child has 18 been subjected to conduct or conditions described in AS 47.10.011 - 47.10.015. 19 * Sec. 32. AS 47.10.020(a) is amended to read: 20  (a) Whenever circumstances subject a  child [MINOR] to the jurisdiction of  the 21 court under AS 47.10.005 - 47.10.142 [AS 47.10.010 - 47.10.142], the court shall 22 appoint a competent person or agency to make a preliminary inquiry and report for the 23 information of the court to determine whether the  best interests of the  child [MINOR] 24 require that further action be taken . If [; IF], under this subsection, the court appoints 25 a person or agency to make a preliminary inquiry and to report to it, then , upon the 26 receipt of the report, the court may 27   (1) close [INFORMALLY ADJUST] the matter without a  court hearing ; 28  (2) determine whether the best interests of the child require that 29 further action be taken; [,] or 30   (3) [IT MAY] authorize the person  or agency having knowledge of the 31 facts of the case to file with the court a petition setting out the facts[; IF THE COURT 01 INFORMALLY ADJUSTS THE MATTER, THE MINOR MAY NOT BE DETAINED 02 OR TAKEN INTO THE CUSTODY OF THE COURT AS A CONDITION OF THE 03 ADJUSTMENT, AND THE MATTER SHALL BE CLOSED BY THE COURT UPON 04 ADJUSTMENT]. 05 * Sec. 33. AS 47.10.020(b) is amended to read: 06  (b) The petition and all subsequent pleadings shall be styled as follows: "In the 07 matter of . . . . . . . . . . . . . . . . . . . . . . . ., a  child [MINOR] under 18 years of age." 08 The petition may be executed upon the petitioner's information and belief [,] and must 09 be verified. It must include the following information: 10  (1) the name, address ,  and occupation of the petitioner, together with 11 the petitioner's relationship to the  child [MINOR], and the petitioner's interest in the 12 matter; 13  (2) the name, age ,  and address of the  child [MINOR]; 14  (3) a brief statement of the facts that bring the  child [MINOR] within 15 this chapter; 16  (4) the names and addresses of the  child's [MINOR'S] parents; 17  (5)  the tribal affiliation, if known, of the child; 18  (6) the name and address of the  child's [MINOR'S] guardian [,] or of 19 the person having control or custody of the  child [MINOR]. 20 * Sec. 34. AS 47.10.030(b) is amended to read: 21  (b) In all cases under this chapter ,  the  child  [MINOR], each parent , foster 22 parent or other out-of-home care provider,  [OF THE MINOR AND THE] guardian , 23 and guardian ad litem  of the  child  [MINOR] shall be given notice adequate to give 24 actual notice of the proceedings and the possibility of termination of parental rights and 25 responsibilities, taking into account education and language differences that are known 26 or reasonably ascertainable by the petitioner or the department. The notice of the 27 hearing must contain all names by which the  child  [MINOR] has been identified. 28 Notice shall be given in the manner appropriate under rules of civil procedure for the 29 service of process in a civil action under Alaska law or in any manner the court by 30 order directs. Proof of the giving of the notice shall be filed with the court before the 31 petition is heard. The court may also subpoena the parent of the  child  [MINOR], or 01 any other person whose testimony may be necessary at the hearing. A subpoena or 02 other process may be served by a person authorized by law to make the service, and ,  03 where personal service cannot be made, the court may direct that service of process be 04 in a manner appropriate under rules of civil procedure for the service of process in a 05 civil action under Alaska law or in any manner the court directs. 06 * Sec. 35. AS 47.10.050(a) is amended to read: 07  (a) Whenever in the course of proceedings instituted under this chapter it 08 appears to the court that the welfare of a  child [MINOR] will be promoted by the 09 appointment of an attorney to represent the  child [MINOR OR AN ATTORNEY OR 10 OTHER PERSON TO SERVE AS GUARDIAN AD LITEM], the court may make the 11 appointment.  If it appears to the court that the welfare of a child in the proceeding 12 will be promoted by the appointment of a guardian ad litem, the court shall make 13 the appointment. Appointment of a guardian ad litem or attorney shall be made under 14 the terms of AS 25.24.310. 15 * Sec. 36. AS 47.10.070(a) is amended to read: 16  (a) The court may conduct the hearing on the petition in an informal manner 17 in the courtroom or in chambers. The court shall give notice of the hearing to the 18 department , and it may send a representative to the hearing. The court shall also 19 transmit a copy of the petition to the department.  The department shall send notice 20 of the hearing to the persons for whom notice is required under AS 47.10.030(b).  21 The  department and the persons to whom the department must send notice of the 22 hearing are entitled to [REPRESENTATIVE OF THE DEPARTMENT MAY ALSO] 23 be heard at the hearing.  However, the court may limit the presence of the foster 24 parent or other out-of-home care provider to the time during which the person's 25 testimony is being given if it is (1) in the best interest of the child; or (2) necessary 26 to protect the privacy interests of the parties and will not be detrimental to the 27 child.  The public shall be excluded from the hearing, but the court, in its discretion, 28 may permit individuals to attend a hearing if their attendance is compatible with the 29 best interests of the  child  [MINOR]. 30 * Sec. 37. AS 47.10.080(a) is amended to read: 31  (a)  An adjudication hearing shall be completed within 120 days after a 01 finding of probable cause is entered unless the court finds good cause to continue 02 the hearing. The court, at the conclusion of the hearing, [OR THEREAFTER] as the 03 circumstances of the case may require, shall find and enter a judgment that the  child 04 [MINOR] is or is not a child in need of aid. 05 * Sec. 38. AS 47.10.080(c) is amended to read: 06  (c) If the court finds that the  child [MINOR] is a child in need of aid,  the 07 court [IT] shall 08  (1) order the  child [MINOR] committed to the department for placement 09 in an appropriate setting for a period of time not to exceed two years or in any event 10 past the date the  child [MINOR] becomes 19 years of age, except that the department 11  or the child's guardian ad litem may petition for and the court may grant in a hearing 12 (A)  one-year [TWO-YEAR] extensions of commitment that do not extend beyond the 13  child's [MINOR'S] 19th birthday if the extension is in the best interests of the  child 14 [MINOR]; and (B) an additional one-year period of  state custody [SUPERVISION] 15 past age 19 if the continued  state custody [SUPERVISION] is in the best interests of 16 the person and the person consents to it; the department may transfer the  child 17 [MINOR], in the  child's [MINOR'S] best interests, from one placement setting to 18 another, and the  child [MINOR], the  child's [MINOR'S] parents or guardian,  the 19 child's foster parents or out-of-home relative caregiver, the child's health care 20 providers, the child's guardian ad litem, [AND] the  child's  [MINOR'S] attorney  , 21 and the child's tribe, if known, are entitled to reasonable notice of the transfer; 22  (2) order the  child  [MINOR] released to  a parent, relative, or 23 guardian of the child  [THE MINOR'S PARENTS, GUARDIAN,] or  to another  24 [SOME OTHER] suitable person, and, in appropriate cases, order the  parent, relative  25 [PARENTS], guardian, or other person to provide medical or other care and treatment; 26 if the court releases the  child  [MINOR], it shall direct the department to supervise the 27 care and treatment given to the  child  [MINOR], but the court may dispense with the 28 department's supervision if the court finds that the adult to whom the  child  [MINOR] 29 is released will adequately care for the  child  [MINOR] without supervision; the 30 department's supervision may not exceed two years or in any event extend past the date 31 the  child  [MINOR] reaches age 19, except that the department  or the child's guardian 01 ad litem may petition for and the court may grant in a hearing 02  (A)  one-year  [TWO-YEAR] extensions of supervision that do 03 not extend beyond the  child's  [MINOR'S] 19th birthday if the  extensions are 04 [EXTENSION] is in the best interests of the  child  [MINOR]; and 05  (B) an additional one-year period of supervision past age 19 if 06 the continued supervision is in the best interests of the person and the person 07 consents to it; or 08  (3) by order,  under the grounds specified in (o) of this section or 09 AS 47.10.088, the termination of [UPON A SHOWING IN THE ADJUDICATION 10 BY CLEAR AND CONVINCING EVIDENCE THAT THERE IS A CHILD IN NEED 11 OF AID UNDER AS 47.10.010(a) AS A RESULT OF PARENTAL CONDUCT AND 12 UPON A SHOWING IN THE DISPOSITION BY CLEAR AND CONVINCING 13 EVIDENCE THAT THE PARENTAL CONDUCT IS LIKELY TO CONTINUE TO 14 EXIST IF THERE IS NO TERMINATION OF PARENTAL RIGHTS, TERMINATE] 15 parental rights and responsibilities of one or both parents [,] and commit the child to 16 the  custody of the department [OR TO A LEGALLY APPOINTED GUARDIAN OF 17 THE PERSON OF THE CHILD], and the department [OR GUARDIAN] shall report 18  quarterly  [ANNUALLY] to the court on efforts being made to find a permanent 19 placement for the child. 20 * Sec. 39. AS 47.10.080(f) is amended to read: 21  (f) A  child  [MINOR] found to be a child in need of aid is a ward of the state 22 while committed to the department or the department has the power to supervise the 23  child's  [MINOR'S] actions.  After the permanency hearing required by (l) of this 24 section, the [THE] court shall  hold a permanency hearing at least once a year  25 [REVIEW AN ORDER MADE UNDER (c)(1) OR (2) OF THIS SECTION 26 ANNUALLY, AND MAY REVIEW THE ORDER MORE FREQUENTLY] to 27 determine if continued placement or supervision, as it is being provided, is in the best 28 interest of the  child  [MINOR. IF ANNUAL REVIEW UNDER THIS SUBSECTION 29 WOULD ARISE WITHIN 90 DAYS OF THE HEARING REQUIRED UNDER (l) OF 30 THIS SECTION, THE COURT MAY POSTPONE REVIEW UNDER THIS 31 SUBSECTION UNTIL THE TIME SET FOR THE HEARING]. The department, the 01  child, and  [MINOR,] the  child's  [MINOR'S] parents, guardian,  and guardian ad litem 02 [OR CUSTODIAN] are entitled, when good cause is shown, to a  permanency hearing  03 [REVIEW] on application. If the application is granted, the court shall afford these 04  persons  [PARTIES] and their counsel reasonable  advance  notice [IN ADVANCE OF 05 THE REVIEW] and hold a  permanency  hearing where these  persons  [PARTIES] and 06 their counsel shall be afforded an opportunity to be heard.  The persons entitled to 07 notice under AS 47.10.030(b) are entitled to notice of a permanency hearing under 08 this subsection and are also entitled to be heard at the hearing.  The  child  09 [MINOR] shall be afforded the opportunity to be present  and to be heard  at the 10  hearing. After the hearing, the court shall make the written findings that are 11 required under (l) of this section  [REVIEW]. 12 * Sec. 40. AS 47.10.080(i) is amended to read: 13  (i) A  child or  [MINOR,] the  child's  [MINOR'S] parents ,  [OR] guardian,  or 14 guardian ad litem, or attorney , acting on the  child's  [MINOR'S] behalf, or the 15 department may appeal a judgment or order, or the stay, modification, setting aside, 16 revocation, or enlargement of a judgment or order issued by the court under this 17 chapter.  Absent extraordinary circumstances, a decision on the appeal shall be 18 issued no later than 90 days after the latest of the following: 19  (1) the date oral argument, if any, is heard on the appeal; or 20  (2) 45 days after the last date oral argument could have been timely 21 requested if oral argument was not requested. 22 * Sec. 41. AS 47.10.080(l) is amended to read: 23  (l) Within  12  [18] months after the date  the child enters foster care as 24 calculated under AS 47.10.088(f) [A CHILD IS INITIALLY REMOVED FROM THE 25 CHILD'S HOME BY THE DEPARTMENT UNDER AS 47.10.142(c) OR 26 COMMITTED TO THE CUSTODY OF THE DEPARTMENT UNDER [(c)(1) or (3)] 27 OF THIS SECTION OR AS 47.14.100(c)], the court shall hold a  permanency  hearing 28 to review the placement and services provided and to determine the future status of the 29  child. The persons entitled to be heard at the hearing under AS 47.10.070 or 30 under (f) of this section are also entitled to be heard at the hearing under this 31 subsection  [MINOR]. The court shall make appropriate written findings, including 01 findings related to the following: 02  (1)  whether the parent or guardian has made substantial progress 03 to remedy the parent's or guardian's conduct or conditions in the home that made 04 the child a child in need of aid under this chapter; 05  (2) whether the child should be returned to the parent  or guardian ; 06   (3) [(2)] whether the child should remain in out-of-home care for a 07 specified period  and whether the child's existing out-of-home placement continues 08 to be appropriate and in the best interests of the child ; 09   (4)  [(3)] whether the child should remain in out-of-home care on a 10 permanent or long-term basis because of special needs or circumstances; 11   (5)  [(4)] whether the child should be placed for adoption or legal 12 guardianship  and whether a petition for termination of parental rights should be 13 filed by the department; 14  (6) whether the department has made the reasonable efforts 15 required under AS 47.10.086 to offer appropriate family support services to 16 remedy the parent's or guardian's conduct or conditions in the home that made 17 the child a child in need of aid under this chapter; and 18  (7) whether, in the case of a child who is 16 years of age or older, 19 the department should provide services to assist the child in becoming able to live 20 independently . 21 * Sec. 42. AS 47.10.080(o) is amended to read: 22  (o) For purposes of terminating a parent's parental rights under the standards 23 in (c)(3) of this section, the court may determine that incarceration of the parent is 24 sufficient grounds for determining that a  child [MINOR] is a child in need of aid under 25  AS 47.10.011 [AS 47.10.010(a)(1)] as a result of parental conduct and that the  parental 26 rights of the incarcerated parent should be terminated  [CONDUCT IS LIKELY TO 27 CONTINUE] if the court finds, based on clear and convincing evidence, that [THE] 28  (1)  the  period of incarceration that the parent is scheduled to serve 29 during the child's minority is significant considering the child's age and the child's need 30 for an adult's care and supervision; [AND] 31  (2)  there is not another parent willing and able to care for the child; 01 and 02  (3) the incarcerated  parent has failed to make adequate provisions for 03 care of the child during the period of incarceration that will be during the child's 04 minority. 05 * Sec. 43. AS 47.10.080 is amended by adding new subsections to read: 06  (p) If the court orders a child committed to the department under (c) of this 07 section for out-of-home placement, the department shall offer to arrange for the child's 08 parents and extended family to have visitation with the child at least once a week, 09 beginning within 72 hours after the order is issued, unless the department determines, 10 based on clear and convincing evidence, that visitation, even if supervised, may be 11 harmful to the child. When the department arranges visitation under this subsection, 12 the visitation may be supervised or unsupervised, at the discretion of the department. 13 The court may order the department to file a visitation schedule with the court within 14 10 working days after the court issued the commitment order. The department may 15 terminate visitation arranged under this subsection if the department determines, based 16 on clear and convincing evidence, that visitation has resulted in physical harm or 17 mental injury to the child. In making its determinations under this subsection, the 18 department's paramount concern shall be the health and safety of the child. A person 19 who is denied visitation under this subsection may appeal the denial. 20  (q) If the court orders a child committed to the department under (c) of this 21 section for placement in licensed foster care, the court shall order the department to 22 provide the foster parent with a copy of 23  (1) all initial, updated, and revised case service plans for the child, court 24 orders relating to the child, and the child's medical, mental, and education reports 25 prepared by or for the department, including reports compiled before the child was 26 placed with the foster parent; and 27  (2) supplements to the plans, orders, and reports described in (1) of this 28 subsection. 29  (r) If the court orders a child committed to the department under (c) of this 30 section for placement in licensed foster care or for placement with a relative of the 31 child, the court shall order the child's parent, guardian, or custodian to provide the 01 department with 02  (1) the names, addresses, and telephone numbers of all of the child's 03 medical providers; and 04  (2) a signed release for each medical provider identified in (1) of this 05 subsection authorizing the provider to disclose the child's medical records to the 06 department. 07  (s) Notwithstanding AS 47.14.100 and (c)(1) and (3) of this section, the 08 department may not, without a court order, change the placement of a child who has 09 been committed to the department under (c) of this section and placed with a relative 10 or a foster home unless 11  (1) removal of the child is requested by the relative, the foster home, 12 the child, or the child's guardian ad litem or attorney; 13  (2) a report of suspected child abuse or neglect concerning the relative 14 or foster home is received by the department; or 15  (3) the child is removed in order to return the child to the parent or 16 guardian or to place the child for adoption and removal under this paragraph is not 17 opposed by the relative, the foster parent, the child, or the child's guardian ad litem or 18 attorney. 19  (t) The department shall give at least 14 days' written notice by certified mail, 20 return receipt requested, of an intent to request a court order to allow a change in the 21 placement of a child whose change of placement is not governed by (s) of this section. 22 The notice shall be sent to the court, the affected foster parent or relative with whom 23 the child is currently placed, the child, and the child's parent or guardian, guardian ad 24 litem, and attorney. A person to whom notice is sent under this subsection may file an 25 objection to the proposed change of placement if the objection is postmarked or 26 received by the court within 15 days after the person received the notice, and the 27 department's notice must include notification of that right to object. If an objection is 28 filed, the department may not implement the intended change of placement, pending a 29 court decision on the matter. A person who has filed an objection under this subsection 30 may be represented by an attorney or other representative designated by the person. 31 * Sec. 44. AS 47.10.082 is amended to read: 01  Sec. 47.10.082. Best interests of child and other considerations. In making 02 its dispositional order under AS 47.10.080(c), the court shall [CONSIDER] 03  (1)  consider  the best interests of the child; [AND] 04  (2)  consider  the ability of the state to take custody and to care for the 05 child to protect the child's best interests under  AS 47.10.005 - 47.10.142; and 06  (3) keep the health and safety of the child as the court's paramount 07 concern  [AS 47.10.010 - 47.10.142]. 08 * Sec. 45. AS 47.10.084(a) is amended to read: 09  (a) When a child is committed under AS 47.10.080(c)(1) to the department, 10 released under AS 47.10.080(c)(2) to the child's parents, guardian, or other suitable 11 person, or committed to the department or to a legally appointed guardian of the person 12 of the child under AS 47.10.080(c)(3), a relationship of legal custody exists. This 13 relationship imposes on the department and its authorized agents or the parents, 14 guardian, or other suitable person the responsibility of physical care and control of the 15 child, the determination of where and with whom the child shall live, the right and duty 16 to protect,  nurture,  train, and discipline the child, [AND] the duty of providing the 17 child with food, shelter, education, and medical care , and the right and responsibility 18 to obtain legal representation for, and make decisions of legal or financial 19 significance concerning, the child . These obligations are subject to any residual 20 parental rights and responsibilities and rights and responsibilities of a guardian if one 21 has been appointed. When a child is committed to the department and the department 22 places the child with the child's parent, the parent has the responsibility to provide and 23 pay for food, shelter, education, and medical care for the child. When parental rights 24 have been terminated, or there are no living parents and no guardian has been 25 appointed, the responsibilities of legal custody include those in (b) and (c) of this 26 section. The department or person having legal custody of the child may delegate any 27 of the responsibilities under this section, except authority to consent to marriage, 28 adoption, and military enlistment may not be delegated. For purposes of this chapter 29 a person in charge of a placement setting is an agent of the department. 30 * Sec. 46. AS 47.10 is amended by adding new sections to read: 31  Sec. 47.10.086. Reasonable efforts. (a) Except as provided in (b) and (c) of 01 this section, the department shall make timely, reasonable efforts to provide family 02 support services to the child and to the parents or guardian of the child that are 03 designed to prevent out-of-home placement of the child or to enable the safe return of 04 the child to the family home, when appropriate, if the child is in an out-of-home 05 placement. The department's duty to make reasonable efforts under this subsection 06 includes the duty to 07  (1) identify available departmental and community services that are 08 designed to sustain and enhance the capacity of a parent or guardian to care for the 09 child at a level of adequacy that will allow the child either to remain in the home or 10 to be returned to the home; the department shall place a high priority on determining 11 whether appropriate community services are available; 12  (2) actively offer and attempt to provide or to refer the parents to the 13 services identified under (1) of this subsection; the department shall place a high 14 priority on referring the parents to services that are community services; 15  (3) document the department's actions that are taken under (1) and (2) 16 of this subsection. 17  (b) If the court makes a finding at a hearing conducted under AS 47.10.080(l) 18 that a parent or guardian has not sufficiently remedied the parent's or guardian's 19 conduct or the conditions in the home despite reasonable efforts made by the 20 department in accordance with this section, the court may conclude that continuation 21 of reasonable efforts of the type described in (a) of this section are not in the best 22 interests of the child. The department shall then make reasonable efforts to place the 23 child in a timely manner in accordance with the permanent plan and to complete 24 whatever steps are necessary to finalize the permanent placement of the child. 25  (c) The court may determine that reasonable efforts of the type described in (a) 26 of this section are not required if the court has found by a preponderance of the 27 evidence that 28  (1) the parent or guardian has subjected the child to circumstances that 29 pose a substantial risk to the child's health or safety; these circumstances include 30 abandonment, sexual abuse, torture, chronic mental injury, or chronic physical harm; 31  (2) the parent or guardian has 01  (A) committed homicide under AS 11.41.100 - 11.41.130 of a 02 child; 03  (B) aided or abetted, attempted, conspired, or solicited under 04 AS 11.16 or AS 11.31 to commit a homicide described in (A) of this paragraph; 05  (C) committed an assault that is a felony under AS 11.41.200 - 06 11.41.220 and results in serious physical injury to a child; or 07  (D) committed the conduct described in (A) - (C) of this 08 paragraph that violated a law or ordinance of another jurisdiction having 09 elements similar to an offense described in (A) - (C) of this paragraph; 10  (3) the parental rights of a parent to a sibling of the child have been 11 terminated by the court; 12  (4) the department has conducted a reasonably diligent search over a 13 time period of at least three months for an unidentified or absent parent and has failed 14 to identify and locate the parent; 15  (5) the parent or guardian is the sole caregiver of the child and the 16 parent or guardian has a mental illness or mental deficiency that, according to a written 17 certification of a psychologist or physician, makes it more probable than not that, even 18 with the provision of family support services for 12 months, the caregiver will be 19 incapable of caring for the child without creating a risk of substantial physical harm to 20 the child; 21  (6) the parent or guardian has previously been convicted of a crime 22 involving a child in this state or in another jurisdiction and, after the conviction, the 23 child was returned to the custody of the parent or guardian and later removed because 24 of an additional substantiated report of physical or sexual abuse by the parent or 25 guardian; 26  (7) a child has suffered substantial physical harm as the result of abusive 27 or neglectful conduct by the parent or guardian or by a person known by the parent or 28 guardian and the parent or guardian knew or reasonably should have known that the 29 person was abusing the child; 30  (8) the parental rights of the parent have been terminated with respect 31 to another child because of child abuse or neglect, the parent has not remedied the 01 conditions or conduct that led to the termination of parental rights, and the parent has 02 demonstrated an inability to protect the child from substantial harm or the risk of 03 substantial harm; or 04  (9) the child has been removed from the child's home on at least two 05 previous occasions, family support services were offered or provided to the parent or 06 guardian at those times, and the parent or guardian has demonstrated an inability to 07 protect the child from substantial harm or the risk of substantial harm. 08  (d) If the court orders the department to make reasonable efforts to provide 09 family support services, the court shall also order the parent or guardian of the child 10 to make reasonable efforts to participate in the family support services that are offered 11 by the department or referred to the parent or guardian by the department. If a parent 12 or guardian fails to participate or to attempt to participate in the services for 12 months, 13 the department may seek a court order extinguishing the department's responsibility to 14 offer or refer family support services to the parent or guardian. The department must 15 request the court for the new order within 90 day after the date that the parent or 16 guardian failed to participate in family support services and must accompany the 17 request with a petition for the termination of parental rights if the nonparticipating 18 person was a parent and with a new plan for permanent placement of the child. The 19 court shall grant the department's request under this subsection for an order 20 extinguishing the department's responsibility to offer family support services to a parent 21 or guardian if the court finds that it is no longer reasonable to require the department 22 to offer family support services to the parent or guardian; failure of the parent or 23 guardian to participate in family support services offered by the department for 12 24 months constitutes prima facie evidence that it is no longer reasonable to require the 25 department to offer family support services to the parent or guardian. 26  (e) If the court determines under (b) or (c) of this section that reasonable efforts 27 under (a) of this section are not required to be provided, 28  (1) the court shall hold a permanency hearing for the child within 30 29 days after the determination; and 30  (2) the department shall make reasonable efforts to place the child in 31 a timely manner in accordance with the permanency plan, and complete whatever steps 01 are necessary to finalize the permanent placement of the child. 02  (f) The department may develop and implement an alternative permanency plan 03 for the child while the department is also making reasonable efforts to return the child 04 to the child's family under (a) of this section. 05  (g) In making determinations and reasonable efforts under this section, the 06 primary consideration is the child's best interests. 07  Sec. 47.10.088. Termination of parental rights and responsibilities. (a) 08 Except as provided in AS 47.10.080(o), the rights and responsibilities of the parent 09 regarding the child may be terminated for purposes of freeing a child for adoption or 10 other permanent placement if the court finds 11  (1) by clear and convincing evidence that 12  (A) the child is a child in need of aid as described in 13 AS 47.10.011; and 14  (B) the parent 15  (i) has not remedied the conduct or conditions in the 16 home that place the child at substantial risk of harm; or 17  (ii) has failed, within a reasonable time, to remedy the 18 conduct or conditions in the home that place the child in substantial risk 19 so that returning the child to the parent would place the child at 20 substantial risk of significant physical harm or sexual abuse; and 21  (2) by preponderance of the evidence that the department has complied 22 with the provisions of AS 47.10.086 concerning reasonable efforts. 23  (b) In making a determination under (a)(1)(B) of this section, the court may 24 consider any fact relating to the best interests of the child, including 25  (1) the likelihood of returning the child to the parent within a reasonable 26 time based on the child's age or needs; 27  (2) the amount of effort by the parent to remedy the conduct or the 28 conditions in the home; 29  (3) the harm caused to the child; 30  (4) the likelihood that the harmful conduct will continue; and 31  (5) the history of conduct by or conditions created by the parent. 01  (c) In a proceeding under this chapter involving termination of the parental 02 right of a parent, the court shall consider the best interests of the child. 03  (d) Except as provided in (e) of this section, the department shall petition for 04 termination of a parent's rights to a child, without making further reasonable efforts, 05 when a child is under the jurisdiction of the court under AS 47.10.010 and 47.10.011, 06 and 07  (1) the child has been in foster care for at least 15 of the most recent 08 22 months; 09  (2) the court has determined that the child is abandoned under 10 AS 47.10.013 and the child is younger than six years of age; 11  (3) the court has made a finding under AS 47.10.086(b) or a 12 determination under AS 47.10.086(c) that the best interests of the child do not require 13 further reasonable efforts by the department; 14  (4) a parent has made three or more attempts within a 15-month period 15 to remedy the parent's conduct or conditions in the home without lasting change; or 16  (5) a parent has made no effort to remedy the parent's conduct or the 17 conditions in the home by the time of the permanency hearing under AS 47.10.080(l). 18  (e) If one or more of the conditions listed in (d) of this section are present, the 19 department shall petition for termination of the parental rights to a child unless the 20 department 21  (1) has documented a compelling reason for determining that filing the 22 petition would not be in the best interests of the child; a compelling reason under this 23 paragraph may include care by a relative for the child; or 24  (2) is required to take reasonable efforts under AS 47.10.086 and the 25 department has not provided to the parent, consistent with the time period in the 26 department's case plan, the family support services that the department has determined 27 are necessary for the safe return of the child to the home. 28  (f) A child is considered to have entered foster care under this chapter on the 29 earlier of 30  (1) the date of the first judicial finding of child abuse or neglect; or 31  (2) 60 days after the date of removal of the child from the child's home 01 under this chapter. 02  (g) This section does not preclude the department from filing a petition to 03 terminate the parental rights and responsibilities to a child for other reasons, or at an 04 earlier time than those specified in (d) of this section, if the department determines that 05 filing a petition is in the best interests of the child. 06  (h) The court may order the termination of parental rights and responsibilities 07 of one or both parents under AS 47.10.080(c)(3) and commit the child to the custody 08 of the department. The rights of one parent may be terminated without affecting the 09 rights of the other parent. 10  (i) The department shall concurrently identify, recruit, process, and approve a 11 qualified person or family for an adoption whenever a petition to terminate a parent's 12 rights to a child is filed. If the court issues an order to terminate under (j) of this 13 section, the department shall report within 30 days on the efforts being made to recruit 14 a permanent placement for the child if a permanent placement was not approved at the 15 time of the trial under (j) of this section. The report must document recruitment efforts 16 made for the child. 17  (j) No later than six months after the date on which the petition to terminate 18 parental rights is filed, the court before which the petition is pending shall hold a trial 19 on the petition unless the court finds that good cause is shown for a continuance. 20 When determining whether to grant a continuance for good cause, the court shall take 21 into consideration the age of the child and the potential adverse effect that the delay 22 may have on the child. The court shall make written findings when granting a 23 continuance. 24  (k) The court shall issue an order on the petition to terminate within 90 days 25 after the last day of the trial on the petition to terminate parental rights. 26 * Sec. 47. AS 47.10.092(a) is amended to read: 27  (a) Notwithstanding AS 47.10.090 and 47.10.093, a parent or legal guardian of 28 a  child  [MINOR] subject to a proceeding under  AS 47.10.005 - 47.10.142 29 [AS 47.10.010 - 47.10.142] may disclose confidential or privileged information about 30 the  child or the child's family [MINOR], including information that has been lawfully 31 obtained from agency or court files, to the governor, the lieutenant governor, a 01 legislator, the ombudsman appointed under AS 24.55, the attorney general, and the 02 commissioners of health and social services, administration, or public safety, or an 03 employee of these persons, for review or use in their official capacities. The 04 department  shall  [MAY] disclose additional confidential or privileged information and 05 make  copies of documents available for inspection [DOCUMENTS] about the  child 06 or the child's family [MINOR] to these state officials or employees for review or use 07 in their official capacities  upon request of the official or employee and submission 08 of satisfactory evidence that a parent or legal guardian of the child has requested 09 the state official's assistance in the case as part of the official's duties . A person 10 to whom disclosure is made under this section may not disclose confidential or 11 privileged information about the  child or the child's family [MINOR] to a person not 12 authorized to receive it. 13 * Sec. 48. AS 47.10.093(b) is amended to read: 14  (b) A state or municipal agency or employee  shall  [MAY] disclose 15  appropriate  information regarding a case to 16  (1) a guardian ad litem appointed by the court or to a citizen review 17 board or local review panel for permanency planning authorized by AS 47.14.200 or 18 47.14.220; 19  (2) a person or an agency requested  by the department or the child's 20 legal custodian  to provide consultation or services for a  child  [MINOR] who is subject 21 to the jurisdiction of the court under AS 47.10.010  as necessary to enable the 22 provision of the consultation or services ; 23  (3) foster parents or relatives with whom the child is placed by the 24 department as may be necessary to enable the foster parents or relatives to 25 provide appropriate care for the child who is the subject of the case, to protect the 26 safety of the child who is the subject of the case, and to protect the safety and 27 property of family members and visitors of the foster parents or relatives; 28   (4)  school officials as may be necessary to enable the school to provide 29 appropriate counseling and support services to the  child  [MINOR] who is the subject 30 of the case, to protect the safety of the  child  [MINOR] who is the subject of the case, 31 and to protect the safety of school students and staff; 01   (5) [(4)] a governmental agency as may be necessary to obtain that 02 agency's assistance for the department in its investigation or to obtain physical custody 03 of a child; 04   (6) [AND (5)] a [STATE OR MUNICIPAL] law enforcement agency 05  of this state or another jurisdiction  as may be necessary for  the protection of any 06 child [A SPECIFIC INVESTIGATION BEING CONDUCTED BY THAT AGENCY] 07 or for  actions  [DISCLOSURES] by that agency to protect the public safety ; 08  (7) members of a multidisciplinary child protection team created 09 under AS 47.14.300 as may be necessary for the performance of their duties; 10  (8) the state medical examiner under AS 12.65 as may be necessary 11 for the performance of the duties of the state medical examiner; 12   (9) a person who has made a report of harm as required by 13 AS 47.17.020 to inform the person that the investigation was completed and of 14 action taken to protect the child who was the subject of the report; and 15   (10) the child support enforcement agency established in 16 AS 25.27.010 as may be necessary to establish and collect child support for a child 17 who is a child in need of aid under this chapter . 18 * Sec. 49. AS 47.10.141(f) is amended to read: 19  (f) If a  child  [MINOR], without permission, leaves the semi-secure portion of 20 an office, program, shelter, or facility to which the  child  [MINOR] was taken by a 21 peace officer under  (b)(1)(C) [(b)(1)(c)] of this section, the office, program, shelter, or 22 facility shall immediately notify the department and the nearest law enforcement agency 23 of the identity of the  child  [MINOR] and the  child's  [MINOR'S] absence. If the same 24  child  [MINOR] is again taken into protective custody under (b) of this section and the 25 peace officer knows that the  child  [MINOR] has previously been reported under this 26 subsection as missing from a semi-secure placement, the peace officer, in addition to 27 taking the appropriate action under (b) of this section, shall report the circumstances 28 and the identity of the  child  [MINOR] to the department. Within 48 hours after 29 receiving this report, the department shall determine whether to file a petition alleging 30 that the  child  [MINOR] is a child in need of aid under  AS 47.10.011  31 [AS 47.10.010(a)(1)]. If the department decides not to file a petition alleging that the 01  child  [MINOR] is a child in need of aid, the department shall, within seven state 02 working days after receiving the report from the peace officer under this subsection, 03 send to the  child's  [MINOR'S] parents or guardian, as applicable, written notice of its 04 determination not to proceed with the petition, including the reasons on which the 05 determination was based. If the department is unable to obtain a reasonably reliable 06 address for a parent or guardian, the department shall keep a copy of the notice on file 07 and, notwithstanding AS 47.10.093, release the notice to the  child's  [MINOR'S] parent 08 or guardian on request of the parent or guardian. If the department files a petition 09 alleging that the  child  [MINOR] is a child in need of aid, the court shall proceed under 10 AS 47.10.142(d). 11 * Sec. 50. AS 47.10.141(g) is amended to read: 12  (g) If the department files a petition alleging the minor is a child in need of aid 13 under  AS 47.10.011  [AS 47.10.010(a)(1)] because the minor is habitually absent from 14 home or refuses available care, the minor's parent or guardian shall attend each hearing 15 held during the child-in-need-of-aid proceedings unless the court excuses the parent or 16 guardian from attendance for good cause. If the minor is found to be a child in need 17 of aid, the court may order that the minor's parent or guardian 18  (1) personally participate in treatment reasonably available in the parent 19 or guardian's community as specified in a plan set out in the court order; and 20  (2) comply with other conditions set out in the court order. 21 * Sec. 51. AS 47.10.142(a) is amended to read: 22  (a) The Department of Health and Social Services may take emergency custody 23 of a  child  [MINOR] upon discovering any of the following circumstances: 24  (1) the  child  [MINOR] has been abandoned  as abandonment is 25 described in AS 47.10.013 ; 26  (2) the  child  [MINOR] has been [GROSSLY] neglected by the  child's 27 [MINOR'S] parents or guardian, as "neglect" is  described [DEFINED] in  AS 47.10.014  28 [AS 47.17.290], and the department determines that immediate removal from the  child's  29 [MINOR'S] surroundings is necessary to protect the  child's  [MINOR'S] life or provide 30 immediate necessary medical attention; 31  (3) the  child  [MINOR] has been subjected to  physical harm [CHILD 01 ABUSE OR NEGLECT] by a person responsible for the  child's  [MINOR'S] welfare, 02 [AS "CHILD ABUSE OR NEGLECT" IS DEFINED IN AS 47.17.290,] and the 03 department determines that immediate removal from the  child's  [MINOR'S] 04 surroundings is necessary to protect the  child's  [MINOR'S] life or that immediate 05 medical attention is necessary; or 06  (4) the  child or a sibling  [MINOR] has been sexually abused under 07 circumstances listed in  AS 47.10.011(7)  [AS 47.10.010(a)(4)]. 08 * Sec. 52. AS 47.10.142(c) is amended to read: 09  (c) When a child is taken into custody under (a) or (b) of this section or when 10 the department is notified of a child's presence in either a program for runaway 11  children  [MINORS] under AS 47.10.300 - 47.10.390 or a shelter for runaway  children  12 [MINORS] under AS 47.10.392 - 47.10.399, the department shall immediately, and in 13 no event more than  24  [12] hours later unless prevented by lack of communication 14 facilities, notify the parents or the person or persons having custody of the child. If the 15 department determines that continued custody is necessary to protect the child, the 16 department shall notify the court of the emergency custody by filing, within  24  [12] 17 hours after custody was assumed, a petition alleging that the child is a child in need of 18 aid. If the department releases the child within  24  [12] hours after taking the child into 19 custody and does not file a child in need of aid petition ,  the department shall, within 20  24  [12] hours after releasing the child, file with the court a report explaining why the 21 child was taken into custody , why the child was released, and to whom the child was 22 released . 23 * Sec. 53. AS 47.10.142(h) is amended to read: 24  (h) Within  12  [18] months after a minor is committed to the department under 25 this section, the court shall review the placement plan and actual placement of the 26 minor under AS 47.10.080(l). 27 * Sec. 54. AS 47.10 is amended by adding a new section to read: 28  Sec. 47.10.960. Duty and standard of care not created.  Nothing in this title 29 creates a duty or standard of care for services to children and their families being 30 served under AS 47.10. 31 * Sec. 55. AS 47.10.990(1) is amended to read: 01  (1) "care" [OR "CARING" UNDER AS 47.10.010(a)(1) AND 02 47.10.120(a)] means to provide for the physical, [EMOTIONAL,] mental, and social 03 needs of the child; 04 * Sec. 56. AS 47.10.990(2) is amended to read: 05  (2) "child in need of aid" means a  child  [MINOR] found to be within the 06 jurisdiction of the court under  AS 47.10.010 and 47.10.011  [AS 47.10.010(a)]; 07 * Sec. 57. AS 47.10.990 is amended by adding new paragraphs to read: 08  (8) "child" means a person under 18 years of age and a person 19 years 09 of age if that person was under 18 years of age at the time that a proceeding under this 10 chapter was commenced; 11  (9) "custodian" means a natural person 18 years of age or older to 12 whom a parent or guardian has transferred temporary physical care, custody, and 13 control of the child for a period of time; 14  (10) "domestic violence" has the meaning given in AS 18.66.990; 15  (11) "family support services" means the services and activities provided 16 to children and their families, including those provided by the community, a church, 17 or other service organization, both to prevent removal of a child from the parental home 18 and to facilitate the child's safe return to the family; "family support services" may 19 include counseling, substance abuse treatment, mental health services, assistance to 20 address domestic violence, visitation with family members, parenting classes, in-home 21 services, temporary child care services, and transportation; 22  (12) "foster care" means care provided by a person or household under 23 a foster home license required under AS 47.35.015; 24  (13) "guardian" means a natural person who is legally appointed 25 guardian of the child by the court; 26  (14) "intoxicant" means a substance that temporarily diminishes a 27 person's control over mental or physical powers, including alcohol, controlled 28 substances under AS 11.71, and inhalants; 29  (15) "mental injury" has the meaning given in AS 47.17.290; 30  (16) "parent" means the biological or adoptive parent of the child; 31  (17) "permanency hearing" means a hearing 01  (A) designed to reach a decision in a case concerning the 02 permanent placement of a child under AS 47.10; and 03  (B) at which the direction of the case involving the child is 04 determined; 05  (18) "reasonable efforts" means, with respect to family support services 06 required under AS 47.10.086, consistent attempts during a reasonable time period and 07 time-limited services; 08  (19) "reasonable time" means a period of time that serves the best 09 interests of the child, taking in account the affected child's age, emotional and 10 developmental needs, and ability to form and maintain lasting attachments; 11  (20) "serious physical injury" has the meaning given in 12 AS 11.81.900(b); 13  (21) "sexual abuse" means the conduct described in AS 11.41.410 - 14 11.41.460; conduct constituting "sexual exploitation" as defined in AS 47.17.290, and 15 conduct prohibited by AS 11.66.100 - 11.66.150; 16  (22) "support" has the meaning given in AS 11.51.120(b). 17 * Sec. 58. AS 47.12.310(b) is amended to read: 18  (b) A state or municipal agency or employee  shall  [MAY] disclose 19  appropriate  information regarding a case to 20  (1) a guardian ad litem appointed by the court or to a citizen review 21 board or local review panel for permanency planning authorized by AS 47.14.200 - 22 47.14.220; 23  (2) a person or an agency requested  by the department or the minor's 24 legal custodian  to provide consultation or services for a minor who is subject to the 25 jurisdiction of the court under this chapter  as necessary to enable the provision of the 26 consultation or services ; 27  (3) school officials as may be necessary to protect the safety of the 28 minor who is the subject of the case and the safety of school students and staff or to 29 enable the school to provide appropriate counseling and supportive services to meet the 30 needs of a minor about whom information is disclosed; 31  (4) a governmental agency as may be necessary to obtain that agency's 01 assistance for the department in its investigation or to obtain physical custody of a 02 minor; 03  (5) a [STATE OR MUNICIPAL] law enforcement agency  of this state 04 or another jurisdiction  as may be necessary for  the protection, rehabilitation, or 05 supervision of any minor [A SPECIFIC INVESTIGATION BEING CONDUCTED 06 BY THAT AGENCY] or for  actions [DISCLOSURES] by that agency to protect the 07 public safety; [AND] 08  (6) a victim as may be necessary to inform the victim about the 09 disposition or resolution of a case involving a minor ; 10  (7) the state medical examiner under AS 12.65 as may be necessary 11 to perform the duties of the state medical examiner; and 12  (8) foster parents or relatives with whom the child is placed by the 13 department as may be necessary to enable the foster parents or relatives to 14 provide appropriate care for the child who is the subject of the case, to protect the 15 safety of the child who is the subject of the case, and to protect the safety and 16 property of family members and visitors of the foster parents or relatives . 17 * Sec. 59. AS 47.14.100(a) is amended to read: 18  (a) Subject to  (e), (f), and (i)  [(e) AND (f)] of this section, the department shall 19 arrange for the care of every child committed to its custody by placing the child in a 20 foster home or in the care of an agency or institution providing care for children inside 21 or outside the state. The department may place a child in a suitable family home, with 22 or without compensation, and may place a child released to it, in writing verified by 23 the parent, or guardian or other person having legal custody, for adoptive purposes, in 24 a home for adoption in accordance with existing law. 25 * Sec. 60. AS 47.14.100(d) is amended to read: 26  (d) In addition to money paid for the maintenance of foster children under (b) 27 of this section, the department 28  (1) shall pay the costs of caring for physically or mentally handicapped 29 foster children, including the additional costs of medical care, habilitative and 30 rehabilitative treatment, services and equipment, special clothing, and the indirect costs 31 of medical care, including child care and transportation expenses; 01  (2) may pay for respite care; in this paragraph, "respite care" means 02 child care for the purpose of providing 03  [(A)] temporary relief from the stresses of caring for a foster 04 child [WHO HAS A PHYSICAL OR MENTAL DISABILITY OR A 05 PHYSICAL OR MENTAL IMPAIRMENT; IN THIS SUBPARAGRAPH, 06  (i) "PHYSICAL OR MENTAL DISABILITY" HAS THE 07 MEANING GIVEN IN AS 18.80.300(12)(A), (B), AND (D); AND 08  (ii) "PHYSICAL OR MENTAL IMPAIRMENT" HAS 09 THE MEANING GIVEN IN AS 18.80.300; AND 10  (B) PROTECTION FOR THE CHILD WHEN THE FOSTER 11 PARENT IS 12  (i) AWAY FROM THE HOME BECAUSE OF AN 13 EMERGENCY AND OTHER CARE IS NOT AVAILABLE FOR THE 14 CHILD; OR 15  (ii) ON VACATION AND THE CHILD, BECAUSE OF 16 AGE OR INFIRMITY, CANNOT BE PLACED IN ANY OTHER TYPE 17 OF TEMPORARY CARE FACILITY]; and 18  (3) may pay a subsidized guardianship payment under AS 25.23.210 19 when a foster child's foster parents or other persons approved by the department 20 become court-appointed legal guardians of the child. 21 * Sec. 61. AS 47.14.100(e) is amended to read: 22  (e) A child may not be placed in a foster home or in the care of an agency or 23 institution providing care for children if a [BLOOD] relative  by blood or marriage  24 [EXISTS WHO] requests custody of the child  and is not disqualified under this 25 subsection. The  [. HOWEVER, THE] department may retain custody of the child and 26 provide for its placement in the same manner as for other children if  each relative who 27 has requested custody is disqualified because the department 28  (1)  [IT] makes a determination, supported by clear and convincing 29 evidence  obtained from a home study or other source , that the custody of the child 30 by the [BLOOD] relative will result in physical or emotional damage ; in  [. IN] making 31 that determination, poverty, including inadequate or crowded housing, on the part of the 01 blood relative, is not considered prima facie evidence that physical or emotional 02 damage to the child will occur ; this  [. THIS] determination may be appealed to the 03 superior court to hear the matter de novo ; or 04  (2) determines that there is a member of the relative's household 05 who is 16 years of age or older who has a criminal record or was the perpetrator 06 in a substantiated report of abuse under AS 47.17; a relative who requests custody 07 of the child shall submit to the department two sets of fingerprints and the social 08 security number of each person in the household who is 16 years of age or older; 09 the department shall submit the information to the Department of Public Safety 10 to conduct a state and national criminal background check from criminal justice 11 information received under AS 12.62 and regulations adopted under AS 12.62; the 12 department may not place the child with a relative until the results of the 13 background check are received by the department . 14 * Sec. 62. AS 47.14.100 is amended by adding a new subsection to read: 15  (i) A child may not be placed with an out-of-home care provider, as defined 16 in AS 47.14.299, if the department determines that the child can remain safely at home 17 with one parent, conditioned on the other parent or caretaker being out of the home. 18 If the department determines that the child can remain safely at home, conditioned on 19 the other parent or caretaker being out of the home, the department shall apply for an 20 appropriate protective order from the court. The court shall issue a protective order 21 enjoining a parent, caretaker, or other person from residing in the home with the child 22 if the department establishes, by a preponderance of the evidence, that the continued 23 presence of the person in the home presents a substantial risk of harm to the child and 24 that it is in the child's best interest that the order be issued. If the court does not issue 25 the protective order, the department shall place the child outside the home. 26 * Sec. 63. AS 47.14.240(d) is amended to read: 27  (d) In reviewing a case, the local review panel shall consider the case plan and 28 any progress report of the department or the child's guardian ad litem, court records, 29 and other relevant information about the child and the child's family. The local  review  30 panel shall provide to the following persons an opportunity to be interviewed by the 31 local review panel in person or by telephone or to provide written material to the local 01 review panel: 02  (1) the child whose case is being reviewed if the child is 10 years of age 03 or older; 04  (2) the parents, custodians, or other relatives of the child; 05  (3) the child's out-of-home care provider; 06  (4) the child's guardian; 07  (5) the child's guardian ad litem; 08  (6) the case worker or social worker assigned to the case; 09  (7)  the child's health care providers; 10  (8)  if the case is governed by 25 U.S.C. 1901 - 1963 (Indian Child 11 Welfare Act), 12  (A) the child's Indian custodian; and 13  (B) the designated representative of the child's Indian tribe if the 14 tribe has intervened in the court case; and 15   (9)  [(8)] other persons with a close personal knowledge of the case. 16 * Sec. 64. AS 47.14.240(h) is amended to read: 17  (h) The report required under (g) of this section must make advisory 18 recommendations based on the best interests of the child in accordance with 19 AS 47.10.082 and must include notification of the right to request court review under 20 AS 47.10.080(f). If the court has scheduled the case for review, the local review panel 21 shall submit its report at least 20 days before the hearing , and the department shall 22 present to the court the recommendations that are made in the report . 23 * Sec. 65. AS 47.14 is amended by adding a new section to read: 24 Article 3A. Multidisciplinary Child Protection Teams. 25  Sec. 47.14.300. Multidisciplinary child protection teams. (a) The 26 department shall create multidisciplinary child protection teams to assist in the 27 evaluation and investigation of reports made under AS 47.17 and to provide 28 consultation and coordination for agencies involved in child protection cases under 29 AS 47.10. 30  (b) If a team is created under (a) of this section, the team may invite other 31 persons to serve on the team who have knowledge of and experience in child abuse and 01 neglect matters. These persons may include 02  (1) mental and physical health practitioners licensed under AS 08; 03  (2) child development specialists; 04  (3) educators; 05  (4) peace officers as defined in AS 11.81.900; 06  (5) victim counselors as defined in AS 18.66.250; 07  (6) experts in the assessment and treatment of substance abuse; 08  (7) representatives of the district attorney's office and the attorney 09 general's office; 10  (8) persons familiar with 25 U.S.C. 1901 - 1963 (Indian Child Welfare 11 Act); 12  (9) guardians ad litem; and 13  (10) staff members of a child advocacy center if a center is located in 14 the relevant area. 15  (c) A team created under (a) and (b) of this section shall review records on a 16 case referred to the team by the department. The department shall make available to 17 the team its records on the case and other records compiled for planning on the case 18 by other agencies at the request of the department. The team may make 19 recommendations to the department on appropriate planning for the case. 20  (d) Except for a public report issued by a team that does not contain 21 confidential information, records or other information collected by the team or a 22 member of the team related to duties under this section are confidential and not subject 23 to public disclosure under AS 09.25.100 and 09.25.110. 24  (e) Meetings of a team are closed to the public and are not subject to the 25 provisions of AS 44.62.310 and 44.62.312. 26  (f) The determinations, conclusions, and recommendations of a team or its 27 members are not admissible in a civil or criminal proceeding. A member may not be 28 compelled to disclose a determination, conclusion, recommendation, discussion, or 29 thought process through discovery or testimony in a civil or criminal proceeding. 30 Records and information collected by the team are not subject to discovery or subpoena 31 in connection with a civil or criminal proceeding. 01  (g) Notwithstanding (f) of this section, an employee of the department may 02 testify in a civil or criminal proceeding concerning cases reviewed by a team even 03 though the department's records were reviewed by a team and formed the basis of that 04 employee's testimony and the team's report. 05  (h) A person who serves on a multidisciplinary child protection team is not 06 liable for damage or other relief in an action brought by the reason of the performance 07 of a duty, a function, or an activity of the team. 08  (i) In this section, "team" means a multidisciplinary child protection team 09 created under (a) and (b) of this section. 10 * Sec. 66. AS 47.14.990(2) is amended to read: 11  (2) "child in need of aid" means a  child  [MINOR] found to be within 12 the jurisdiction of the court under  AS 47.10.010 and 47.10.011  [AS 47.10.010(a)]; 13 * Sec. 67. AS 47.17.020(a) is amended to read: 14  (a) The following persons who, in the performance of their occupational duties, 15  or with respect to (9) of this subsection, in the performance of their appointed 16 duties, have reasonable cause to suspect that a child has suffered harm as a result of 17 child abuse or neglect shall immediately report the harm to the nearest office of the 18 department: 19  (1) practitioners of the healing arts; 20  (2) school teachers and school administrative staff members of public 21 and private schools; 22  (3) social workers; 23  (4) peace officers [,] and officers of the Department of Corrections; 24  (5) administrative officers of institutions; 25  (6) child care providers; 26  (7) paid employees of domestic violence and sexual assault programs, 27 and crisis intervention and prevention programs as defined in AS 18.66.990; 28  (8) paid employees of an organization that provides counseling or 29 treatment to individuals seeking to control their use of drugs or alcohol ; 30  (9) members of a child fatality review team established under 31 AS 12.65.015(e) or 12.65.120 or the multidisciplinary child protection team created 01 under AS 47.14.300 . 02 * Sec. 68. AS 47.17.020 is amended by adding new subsections to read: 03  (h) This section does not require a person required to report child abuse or 04 neglect under (a)(7) of this section to report mental injury to a child as a result of 05 exposure to domestic violence so long as the person has reasonable cause to believe 06 that the child is in safe and appropriate care and not presently in danger of mental 07 injury as a result of exposure to domestic violence. 08  (i) This section does not require a person required to report child abuse or 09 neglect under (a)(8) of this section to report the resumption of use of an intoxicant as 10 described in AS 47.10.011(10) so long as the person does not have reasonable cause 11 to suspect that a child has suffered harm as a result of the resumption. 12 * Sec. 69. AS 47.17.030(d) is amended to read: 13  (d) Before the department or a local government health or social services 14 agency may seek the termination of parental rights under  AS 47.10  15 [AS 47.10.080(c)(3)], it shall offer protective social services and pursue all other 16 reasonable means of protecting the child. 17 * Sec. 70. AS 47.17.030 is amended by adding a new subsection to read: 18  (g) Before removing a child from the home based on a report of harm, the 19 department shall request the attorney general to seek a protective injunction under 20 AS 47.17.069 if limiting a person's contact with the child would allow the child to 21 remain safely at home with another caretaker. 22 * Sec. 71. AS 47.17 is amended by adding a new section to read: 23  Sec. 47.17.033. Investigations. (a) In investigating child abuse and neglect 24 reports under this chapter, the department may make necessary inquiries about the 25 criminal records of the parents or of the alleged abusive or neglectful person, including 26 inquiries about the existence of a criminal history record involving a serious offense as 27 defined in AS 12.62.900. 28  (b) For purposes of obtaining access to information needed to conduct the 29 inquiries required by (a) of this section, the department is a criminal justice agency 30 conducting a criminal justice activity. 31 * Sec. 72. AS 47.17.035(b) is amended to read: 01  (b) If the department determines in an investigation of abuse or neglect of a 02 child that 03  (1) the child is in danger because of domestic violence or that the child 04 needs protection as a result of the presence of domestic violence in the family, the 05 department shall take appropriate steps for the protection of the child;  in this 06 paragraph, "appropriate steps" includes 07  (A) reasonable efforts to protect the child and prevent the 08 removal of the child from the parent or guardian who is not a domestic 09 violence offender; 10  (B) reasonable efforts to remove the alleged domestic violence 11 offender from the child's residence if it is determined that the child or 12 another family or household member is in danger of domestic violence; and 13  (C) services to help protect the child from being placed or 14 having unsupervised visitation with the domestic violence offender until the 15 department determines that the offender has met conditions considered 16 necessary by the department to protect the safety of the domestic violence 17 victim and household members;  18  (2) a person is the victim of domestic violence, the department shall 19 provide the victim with a written notice of the rights of and services available to 20 victims of domestic violence that is substantially similar to the notice provided to 21 victims of domestic violence under AS 18.65.520. 22 * Sec. 73. AS 47.17.290(8) is amended to read: 23  (8) "maltreatment" means an act or omission that results in 24 circumstances in which there is reasonable cause to suspect that a child may be a child 25 in need of aid, as described in  AS 47.10.011 [AS 47.10.010(a)], except that, for 26 purposes of this chapter, the act or omission need not have been committed by the 27 child's parent, custodian, or guardian; 28 * Sec. 74. AS 47.35.017(b) is amended to read: 29  (b) An application submitted under this section must contain at least the 30 following information: 31  (1) the name and address of the applicant [,] and ,  if the applicant is an 01 agency, corporation, partnership, association, or any other form of organization, the 02 name, address, and title of  each individual  [ALL INDIVIDUALS] who  has  [HAVE] 03 an ownership or management interest in the facility;  if the applicant is an individual, 04 the application must include the name, age, and driver's license number, if any, 05 of each member of the individual's household;  06  (2) the name, physical location, and mailing address of the facility or 07 agency for which the license is sought; 08  (3) the name and address of the administrator of the facility or agency, 09 if any; 10  (4) evidence that the administrator or foster parent is an adult with 11 sufficient experience, training, or education to fulfill the duties of an administrator or 12 foster parent; 13  (5) a release for the administrator or foster parent and for each other 14 person  who is 16 years of age or older , as specified by the department by regulation, 15 who will have contact with individuals served by the facility or agency, authorizing the 16 department to review all federal, state, and municipal  criminal justice information, 17 whether of this state, of a municipality of this state, or of another jurisdiction 18 [LAW ENFORCEMENT], medical  records , licensing  records , and protective services 19 records, identified in regulations adopted under this chapter, that are relevant to the 20 person who is the subject of the release and to the type of license for which the 21 application has been submitted; 22  (6)  two sets of fingerprints and the social security number of each 23 person required to provide a release under (5) of this subsection in order for the 24 department to submit the fingerprints to the Department of Public Safety for the 25 purpose of conducting state and national criminal background checks from 26 criminal justice information received under AS 12.62 and regulations adopted 27 under AS 12.62; the department may not approve an application under this section 28 until the results of the criminal background check have been submitted to the 29 department; 30  (7) for a facility, the number of individuals that will be served in the 31 facility; 01   (8)  [(7)] the type of facility or agency for which the license is sought; 02   (9)  [(8)] copies of all inspection reports and approvals required by state 03 fire prevention and environmental health and safety authorities for operation of the 04 facility or agency, including any variances granted by these authorities; 05   (10)  [(9)] a plan of operation, as required by the department by 06 regulation; 07   (11)  [(10)] a staffing plan that describes the number of people who will 08 work at the facility or agency, staff qualifications, a description of each person's 09 responsibilities, and, for a facility other than a maternity home, a supervision schedule 10 for the children in care that meets the requirements established by the department by 11 regulation; 12   (12) evidence that the applicant is capable of meeting the minimum 13 standards of care established by the department under AS 47.14.120; 14  (13)  [(11)] evidence that the applicant has completed orientation or 15 training required by the department, by regulation, for holders of the type of license for 16 which the application was submitted; and 17   (14)  [(12)] other information required by the department, by regulation, 18 in order to monitor compliance with this chapter and regulations adopted under this 19 chapter. 20 * Sec. 75. AS 47.35 is amended by adding a new section to read: 21  Sec. 47.35.022. Foster care placement. (a) Except as provided in (b) of this 22 section, the department may not place or continue placement of a child for care for 23 payment under AS 47.10 in a foster home that is licensed under this chapter if the 24 department finds that a person for whom fingerprints are required to be submitted for 25 licensure of the foster home is currently under arrest for, charged with, or has been 26 convicted of, or found not guilty by reason of insanity of, a serious offense. 27  (b) Notwithstanding (a) of this section, the department may place or continue 28 a placement for foster care if the applicant or licensee demonstrates to the satisfaction 29 of the department that the applicant, licensee, or other person committed the conduct 30 described in (a) of this section at least five years before the placement, and the conduct 31  (1) did not involve a victim who was under 18 years of age at the time 01 the conduct occurred; 02  (2) was not a crime of domestic violence as defined in AS 18.66.990; 03 and 04  (3) was not a violent crime under AS 11.41.100 - 11.41.455 or a law 05 or an ordinance of another jurisdiction having similar elements. 06  (c) The department shall develop procedures for rechecking criminal justice 07 information records for the information described in (a) of this section for persons who 08 are 16 years of age or older who are living in a licensed foster home with access to 09 children placed by the department. 10 * Sec. 76. AS 47.35.023(b) is repealed and reenacted to read: 11  (b) Notwithstanding (a) of this section, if an emergency exists and a child must 12 be immediately placed, the department or the department's designee may issue a 13 provisional foster home license on an emergency basis for a period of 90 days or less 14 if the department or the department's designee determines that the applicant meets 15 minimal requirements for emergency conditions and the applicant agrees in writing to 16 provide the fingerprint information described in AS 47.35.017(b) within 30 days of the 17 placement of a child in the foster home. The department may extend a provisional 18 foster home license issued under this subsection for an additional period of up to 90 19 days in order to obtain the information from the national criminal background check 20 required under AS 47.35.017(b)(6). The department may not issue a license under this 21 subsection before checking state and national criminal justice information available to 22 the department under AS 12.62 and regulations adopted under AS 12.62 about the 23 administrator or foster parent and each person who is 16 years of age or older in the 24 foster home who will have contact with the child. If the department cannot obtain 25 direct access to the state and federal criminal justice information, the department shall 26 request the agency having primary law enforcement responsibility for the geographic 27 area in which the prospective foster home is located to obtain the information and 28 provide it to the department before the license is issued under this section. If the 29 criminal justice information readily available to the department shows an offense which 30 a person would be required to notify the department under AS 47.35.047(b), the 31 department may not issue the license under this subsection. If the additional criminal 01 justice information available from the fingerprint search or another source after the 02 license is issued reveals that the person has a record for one or more of these offenses, 03 the department shall immediately revoke the license and move the child to an 04 appropriate placement. For purposes of obtaining criminal justice information under 05 this subsection, the department is a criminal justice agency conducting a criminal justice 06 activity under AS 12.62. 07 * Sec. 77. AS 47.35.047(b) is amended to read: 08  (b) A licensee shall notify the department within 24 hours after having 09 knowledge of a conviction or indictment, presentment, or charging by information or 10 complaint of an administrator, foster parent, member of the licensee's household, regular 11 volunteer, or staff person for a  violation of the following laws or the laws of another 12 jurisdiction with similar elements: 13  (1) offenses against the family and vulnerable adults under 14 AS 11.51; 15  (2) perjury under AS 11.56.200; 16  (3) offenses included in the definition of "serious offense" under 17 AS 12.62.900 [FELONY, FOR A MISDEMEANOR CRIME OF ASSAULT, 18 RECKLESS ENDANGERMENT, CONTRIBUTING TO THE DELINQUENCY OF A 19 MINOR, OR MISCONDUCT INVOLVING A CONTROLLED SUBSTANCE, FOR 20 THE CRIME OF PERJURY, AS DEFINED IN AS 11 OR THE LAWS OF ANOTHER 21 JURISDICTION, OR FOR A SEX CRIME AS DEFINED IN AS 12.62.035]. 22 * Sec. 78. AS 47.35.900 is amended by adding new paragraphs to read: 23  (20) "criminal justice information" has the meaning given in 24 AS 12.62.900; 25  (21) "domestic violence" has the meaning given in AS 18.66.990; 26  (22) "serious offense" has the meaning given in AS 12.62.900. 27 * Sec. 79. AS 47.10.080(k), and 47.10.990(7) are repealed. 28 * Sec. 80. COURT RULE CHANGE; EXPEDITED APPEALS. (a) AS 47.10.080(i), as 29 amended in sec. 40 of this Act, has the effect of amending Rule 218, Alaska Rules of 30 Appellate Procedure, by requiring that expedited appeals from a judgment or an order under 31 AS 47.10 be decided within a fixed timeframe. 01 (b) Section 40 of this Act takes effect only if this section receives the two-thirds 02 majority vote of each house required by art. IV, sec. 15, Constitution of the State of Alaska. 03 * Sec. 81. COURT RULE CHANGES; CINA RULES. (a) Many provisions enacted or 04 amended by secs. 29 - 57 of this Act have the effect of amending the Alaska Child in Need 05 of Aid Rules, including rules regarding notice, parties, hearings, filing of petitions or reports, 06 court review of orders, termination of parental rights, and duties of the Department of Health 07 and Social Services. 08 (b) Sections 29 - 57 of this Act take effect only if this section receives the two-thirds 09 majority vote of each house required by art. IV, sec. 15, Constitution of the State of Alaska. 10 * Sec. 82. APPLICABILITY. This Act applies to all new cases or proceedings filed with 11 the court on or after the effective date of this Act and to motions filed with the court on or 12 after the effective date of this Act in cases or proceedings pending before a court on the day 13 before the effective date of this Act. 14 * Sec. 83. This Act takes effect immediately under AS 01.10.070(c).