00 CS FOR HOUSE BILL NO. 375(FIN) am 01 "An Act relating to children-in-need-of-aid matters and proceedings; relating to 02 child abuse and neglect; relating to kidnapping and the crime of endangering 03 the welfare of a child; relating to sentencing for certain crimes; relating to the 04 state medical examiner and reviews of child fatalities; relating to teacher 05 certification and convictions of crimes involving child victims; relating to 06 modification of child support orders by the child support enforcement agency; 07 relating to access to, confidentiality of, and release of certain information 08 concerning children, child abuse and neglect, and child fatalities; authorizing the 09 Department of Health and Social Services to enter into an interstate compact 10 concerning adoption and medical assistance for certain children with special 11 needs; relating to the review of cases involving certain children who are in the 12 custody of the state; authorizing the establishment of multidisciplinary child 13 protection teams and relating to their duties; relating to persons required to 14 report suspected child abuse or neglect; relating to foster care and foster 01 parents; relating to access to certain criminal justice information and licensure 02 of certain child care facilities; amending Rule 218, Alaska Rules of Appellate 03 Procedure; and amending Rules 3, 7, 10, 15, 18, 19, and 22, Alaska Child in 04 Need of Aid Rules." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. INTENT AND PURPOSE OF ACT. (a) The intent of this Act is to protect 07 children from abuse and neglect without prohibiting the use of reasonable methods of parental 08 discipline or prescribing a particular method of parenting. 09 (b) The purpose of this Act is to 10 (1) provide the legal mechanisms by which the state can use its resources for 11 the best interest of children in this state; and 12 (2) override the court decisions in the following cases: 13  (A) Matter of J.L.F., 912 P.2d 1255 (Alaska 1996), In Re S.A., 912 14 P.2d 1235 (Alaska 1996), and F.T. v. State, 862 P.2d 857 (Alaska 1993), concerning 15 the standards to adjudicate a child in need of aid when a parent or caregiver is willing, 16 but unable, to provide essential care for a child; 17  (B) A.M. v. State, 891 P.2d 815 (Alaska 1995), and Nada A. v. State, 18 660 P.2d 436 (Alaska App. 1983), concerning the standards to terminate parental rights 19 when a parent is incarcerated; 20  (C) R.J.M. v. State, 946 P.2d 855 (Alaska 1997), concerning the type 21 of neglect necessary to adjudicate a child in need of aid under AS 47.10. 22 * Sec. 2. AS 10.06.961(a) is amended to read: 23  (a) Notwithstanding AS 13.46.085 or the appointment of a guardian of the 24 property of the  child  [MINOR] under  AS 47.10.010  [AS 47.10.010(c)], when a  child  25 [MINOR] who is in the custody of this state under AS 47.10 or  a minor who is in the 26 custody of this state under AS 47.12 or of another state under a provision similar to 27 AS 47.10 or AS 47.12 becomes entitled to receive dividends or other distributions 28 resulting from the ownership of stock or a membership in a corporation organized 29 under this chapter and under 43 U.S.C. 1601 - 1641 (Alaska Native Claims Settlement 30 Act), the corporation paying the dividends or making the other distributions shall retain 31 the dividends and other distributions in an interest bearing account for the benefit of 01 the  child or  minor during the state custody. 02 * Sec. 3. AS 11.41.300(a) is amended to read: 03  (a) A person commits the crime of kidnapping if 04  (1) the person restrains another with intent to 05  (A) hold the restrained person for ransom, reward, or other 06 payment; 07  (B) use the restrained person as a shield or hostage; 08  (C) inflict physical injury upon or sexually assault the restrained 09 person or place the restrained person or a third person in apprehension that any 10 person will be subjected to serious physical injury or sexual assault; 11  (D) interfere with the performance of a governmental or 12 political function; 13  (E) facilitate the commission of a felony or flight after 14 commission of a felony; [OR] 15   (F) commit an offense in violation of AS 11.41.434 - 16 11.41.438 upon the restrained person or place the restrained person or a 17 third person in apprehension that a person will be subject to an offense in 18 violation of AS 11.41.434 - 11.41.438; or 19  (2) the person restrains another 20  (A) by secreting and holding the restrained person in a place 21 where the restrained person is not likely to be found; or 22  (B) under circumstances which expose the restrained person to 23 a substantial risk of serious physical injury. 24 * Sec. 4. AS 11.41.300(d) is amended to read: 25  (d) In a prosecution for kidnapping, it is an affirmative defense which reduces 26 the crime to a class A felony that the defendant voluntarily caused the release of the 27 victim alive in a safe place before arrest, or within 24 hours after arrest, without 28 having caused serious physical injury to the victim and without having engaged in 29 conduct described in AS 11.41.410(a) ,  [OR] 11.41.420 , 11.41.434, or 11.41.436 . 30 * Sec. 5. AS 11.51.100 is repealed and reenacted to read: 31  Sec. 11.51.100. Endangering the welfare of a child in the first degree. (a) 01 A person commits the crime of endangering the welfare of a child in the first degree 02 if, being a parent, guardian, or other person legally charged with the care of a child 03 under 16 years of age, the person 04  (1) intentionally deserts the child in a place under circumstances 05 creating a substantial risk of physical injury to the child; 06  (2) leaves the child with another person who is not a parent, guardian, 07 or lawful custodian of the child knowing that the person 08  (A) is registered or required to register as a sex offender under 09 AS 12.63 or a law or ordinance in another jurisdiction with similar 10 requirements; 11  (B) has been charged by complaint, information, or indictment 12 with a violation of AS 11.41.410 - 11.41.455 or a law or ordinance in another 13 jurisdiction with similar elements; or 14  (C) has been charged by complaint, information, or indictment 15 with an attempt, solicitation, or conspiracy to commit a crime described in (B) 16 of this paragraph; or 17  (3) leaves the child with another person knowing that the person has 18 previously physically mistreated or had sexual contact with any child, and the other 19 person causes physical injury or engages in sexual contact with the child. 20  (b) In this section, "physically mistreated" means 21  (1) having committed an act punishable under AS 11.41.100 - 22 11.41.250; or 23  (2) having applied force to a child that, under the circumstances in 24 which it was applied, or considering the age or physical condition of the child, 25 constitutes a gross deviation from the standard of conduct that a reasonable person 26 would observe in the situation because of the substantial and unjustifiable risk of 27  (A) death; 28  (B) serious or protracted disfigurement; 29  (C) protracted impairment of health; 30  (D) loss or impairment of the function of a body member or 31 organ; 01  (E) substantial skin bruising, burning, or other skin injury; 02  (F) internal bleeding or subdural hematoma; 03  (G) bone fracture; or 04  (H) prolonged or extreme pain, swelling, or injury to soft tissue 05  (c) Endangering the welfare of a child in the first degree under (a)(1) or (2) of 06 this section is a class C felony. 07  (d) Endangering the welfare of a child in the first degree under (a)(3) of this 08 section is a 09  (1) class B felony if the child dies; 10  (2) class C felony if the child suffers sexual contact, sexual penetration, 11 or serious physical injury; or 12  (3) class A misdemeanor if the child suffers physical injury. 13 * Sec. 6. AS 11.51 is amended by adding a new section to read: 14  Sec. 11.51.110. Endangering the welfare of a child in the second degree. 15 (a) A person commits the crime of endangering the welfare of a child in the second 16 degree if the person, while caring for a child under 10 years of age, 17  (1) causes or allows the child to enter or remain in a dwelling or vehicle 18 in which a controlled substance is stored in violation of AS 11.71; or 19  (2) is impaired by an intoxicant, whether or not prescribed for the 20 person under AS 17.30, and there is no third person who is at least 12 years of age and 21 not impaired by an intoxicant present to care for the child. 22  (b) In this section, 23  (1) "impaired" means that a person is unconscious or a person is 24 physically or mentally affected so that the person does not have the ability to care for 25 the basic safety or personal needs of a child with the caution characteristic of a sober 26 person of ordinary prudence; 27  (2) "intoxicant" has the meaning given in AS 47.10.990. 28  (c) Endangering the welfare of a child in the second degree is a violation. 29 * Sec. 7. AS 12.55.155(c)(23) is amended to read: 30  (23) the defendant is convicted of an offense specified in AS 11.71 and 31   (A) the offense involved the delivery of a controlled substance 01 under circumstances manifesting an intent to distribute the substance as part of 02 a commercial enterprise;  or 03  (B) at the time of the conduct resulting in the conviction, the 04 defendant was caring for or assisting in the care of a child under 10 years 05 of age; 06 * Sec. 8. AS 12.65.005(a) is amended to read: 07  (a) Unless the person has reasonable grounds to believe that notice has already 08 been given, a person who attends a death or has knowledge of a death, in addition to 09 notifying a peace officer, shall immediately notify the state medical examiner when the 10 death appears to have 11  (1) been caused by unknown or criminal means, during the commission 12 of a crime, or by suicide, accident, or poisoning; 13  (2) occurred under suspicious or unusual circumstances or occurred 14 suddenly when the decedent was in apparent good health; 15  (3) been unattended by a practicing physician or occurred less than 24 16 hours after the deceased was admitted to a medical facility; 17  (4) been associated with a diagnostic or therapeutic procedure; 18  (5) resulted from a disease that constitutes a threat to public health; 19  (6) been caused by a disease, injury, or toxic agent resulting from 20 employment; 21  (7) occurred in a jail or corrections facility owned or operated by the 22 state or a political subdivision of the state or in a facility for the placement of persons 23 in the custody or under the supervision of the state; 24  (8) occurred in a foster home; 25  (9) occurred in a mental institution or mental health treatment facility; 26 [OR] 27  (10) occurred while the deceased was in the custody of, or was being 28 taken into the custody of, the state or a political subdivision of the state or a public 29 officer or agent of the state or a political subdivision of the state ; or 30  (11) been of a child under 18 years of age or under the legal custody 31 of the Department of Health and Social Services, subject to the jurisdiction of 01 AS 47.10 or AS 47.12, unless the 02  (A) child's death resulted from a natural disease process and 03 was medically expected; and 04  (B) the child was under supervised medical care during the 05 24 hours before the death . 06 * Sec. 9. AS 12.65.015 is amended by adding a new subsection to read: 07  (e) The state medical examiner shall facilitate the formation of local, regional, 08 or district child fatality review teams to assist local, regional, and district medical 09 examiners in determining the cause and manner of deaths of children under 18 years 10 of age. If a team is formed under this subsection, the team shall have the same access 11 to information, confidentiality requirements, and immunity as provided to the state child 12 fatality review team under AS 12.65.140. A meeting of a team formed under this 13 subsection is closed to the public and not subject to the provisions of AS 44.62.310 and 14 44.62.312. A review by a local, regional, or district child fatality review team does not 15 relieve the state child fatality review team under AS 12.65.120 of the responsibility for 16 reviewing a death under AS 12.65.130. A person on a local, regional, or district child 17 fatality review team is not eligible to receive compensation from the state for service 18 on the team, but is eligible for travel expenses and per diem from the Department of 19 Health and Social Services under AS 39.20.180. A person on a team formed under this 20 subsection serves at the pleasure of the state medical examiner. 21 * Sec. 10. AS 12.65 is amended by adding new sections to read: 22  Sec. 12.65.120. State child fatality review team. (a) The state child fatality 23 review team is established in the Department of Health and Social Services to assist the 24 state medical examiner. The team is composed of 25  (1) the following persons, or that person's designee: 26  (A) the state medical examiner; 27  (B) a state prosecutor with experience in homicide prosecutions, 28 appointed by the attorney general; 29  (C) an investigator with the state troopers who has experience 30 in conducting investigations of homicide, child abuse, or child neglect, 31 appointed by the commissioner of public safety; 01  (D) a social worker with the Department of Health and Social 02 Services who has experience in conducting investigations of child abuse and 03 neglect, appointed by the commissioner of health and social services; 04  (2) the following persons, or that person's designee, appointed by the 05 commissioner of health and social services: 06  (A) a physician licensed under AS 08.64 who 07  (i) specializes in neonatology or perinatology; or 08  (ii) is certified by the American Board of Pediatrics; 09  (B) a municipal law enforcement officer with experience in 10 conducting investigations of homicide, child abuse, or child neglect; 11  (C) other persons, including educators, whose experience and 12 expertise would, as determined by the commissioner of health and social 13 services, contribute to the effectiveness of the team. 14  (b) A team member is not eligible to receive compensation from the state for 15 service on the team. A member appointed under (a)(2) of this section 16  (1) is eligible for travel expenses and per diem from the Department of 17 Health and Social Services under AS 39.20.180; and 18  (2) serves at the pleasure of the commissioner of health and social 19 services. 20  (c) In addition to the persons specified in (a) of this section, the team may 21 invite a person to participate as a member of the team if the person has expertise that 22 would be helpful to the team in a review of a specific death. A person participating 23 under this subsection is eligible only for travel expenses and per diem from the 24 Department of Health and Social Services under AS 39.20.180. 25  (d) The state medical examiner serves as chair of the team. 26  Sec. 12.65.130. State child fatality review team duties. (a) The state child 27 fatality review team shall 28  (1) assist the state medical examiner in determining the cause and 29 manner of the deaths in this state of children under 18 years of age; 30  (2) unless the child's death is currently being investigated by a law 31 enforcement agency, review a report of a death of a child within 48 hours of the report 01 being received by the medical examiner if 02  (A) the death is of a child under 10 years of age; 03  (B) the deceased child, a sibling, or a member of the deceased 04 child's household 05  (i) is in the legal or physical custody of the state under 06 AS 47 or under similar custody of another state or political subdivision 07 of a state; or 08  (ii) has been the subject of a report of harm under 09 AS 47.17 or a child abuse or neglect investigation by the Department of 10 Health and Social Services or by a similar child protective service in this 11 or another state; 12  (C) a protective order under AS 18.66.100 or 18.66.110 has been 13 in effect during the previous year in which the petitioner or respondent was a 14 member of the deceased child's immediate family or household; or 15  (D) the child's death occurred in a mental health institution, 16 mental health treatment facility, foster home, or other residential or child care 17 facility, including a day care facility; 18  (3) review records concerning 19  (A) abuse or neglect of the deceased child or another child in the 20 deceased child's household; 21  (B) the criminal history or juvenile delinquency of a person who 22 may have caused the death of the child and of persons in the deceased child's 23 household; and 24  (C) a history of domestic violence involving a person who may 25 have caused the death of the child or involving persons in the deceased child's 26 household, including records in the central registry of protective orders under 27 AS 18.65.540; 28  (4) if insufficient information exists to adequately determine the cause 29 and manner of death, recommend to the state medical examiner that additional 30 information be obtained under AS 12.65.020; and 31  (5) if a local, regional, or district child fatality review team has not been 01 appointed under AS 12.65.015 or is not available, be available to provide 02 recommendations, suggestions, and advice to state or municipal law enforcement or 03 social service agencies in the investigation of deaths of children. 04  (b) The state child fatality review team may 05  (1) collect data and analyze and interpret information regarding deaths 06 of children in this state; 07  (2) develop state and local data bases on deaths of children in this state; 08  (3) develop a model protocol for the investigation of deaths of children; 09 and 10  (4) periodically issue reports to the public containing statistical data and 11 other information that does not violate federal or state law concerning confidentiality 12 of the children and their families involved in the reviews; these reports may include 13  (A) identification of trends, patterns, and risk factors in deaths 14 of the children; 15  (B) analyses of the incidence and causes of deaths of children 16 in this state; 17  (C) recommendations for improving the coordination of 18 government services and investigations; and 19  (D) recommendations for prevention of future deaths of children. 20  Sec. 12.65.140. Records; information; meetings; confidentiality; immunity. 21 (a) The state child fatality review team and its members shall have access to all 22 information and records to which the state medical examiner has access under this 23 chapter. The state child fatality review team and its members shall maintain the 24 confidentiality of information and records concerning deaths under review, except when 25 disclosures may be necessary to enable the team to carry out is duties under this 26 chapter. However, the team and its members may not disclose a record that is 27 confidential under federal or state law. 28  (b) Except for public reports issued by the team, records, and other information 29 collected by the team or a member of the team related to duties under this chapter are 30 confidential and not subject to public disclosure under AS 09.25.100 - 09.25.220. 31  (c) Meetings of the state child fatality review team are closed to the public and 01 are not subject to the provisions of AS 44.62.310 and 44.62.312. 02  (d) The determinations, conclusions, and recommendations of the state child 03 fatality review team, or its members, are not admissible in a civil or criminal 04 proceeding. Members may not be compelled to disclose their determinations, 05 conclusions, recommendations, discussions, or thought processes through discovery or 06 testimony in any civil or criminal proceeding. Records and information collected by 07 the state child fatality review team are not subject to discovery or subpoena in 08 connection with a civil or criminal proceeding. 09  (e) Notwithstanding (d) of this section, the state medical examiner may testify 10 in a civil or criminal proceeding even though the death was reviewed by the state child 11 fatality review team under AS 12.65.130 and information received from the review 12 formed a basis of the state medical examiner's testimony. 13  (f) A person who is a member or an employee of, or who furnishes services to 14 or advises, the state child fatality review team is not liable for damages or other relief 15 in an action brought by reason of the performance of a duty, a function, or an activity 16 of the review team. 17 * Sec. 11. AS 14.20.020(f) is amended to read: 18  (f)  The  [EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, 19 THE] department may not issue a teacher certificate to a person who has been 20 convicted of a crime involving a minor under AS 11.41.434 - 11.41.440, 11.41.455, or 21 11.41.460, or under a law in another jurisdiction with elements substantially similar to 22 an offense described in AS 11.41.434 - 11.41.440, 11.41.455, or 11.41.460 , or that is 23 an attempt, solicitation, or conspiracy to commit a crime described in this 24 subsection or a law or ordinance in another jurisdiction with similar elements . 25 [WHEN FIVE YEARS HAVE ELAPSED AFTER A PERSON HAS RECEIVED AN 26 UNCONDITIONAL DISCHARGE FOR A CONVICTION OF A CRIME LISTED IN 27 THIS SUBSECTION, THE PERSON MAY PETITION THE DEPARTMENT TO 28 ISSUE THE CERTIFICATE IN SPITE OF THE CONVICTION IF THE PERSON 29 OTHERWISE SATISFIES THE REQUIREMENTS FOR THE CERTIFICATE. WHEN 30 DECIDING WHETHER TO GRANT OR DENY THE PETITION, THE 31 DEPARTMENT SHALL CONSIDER THE NATURE OF THE PARTICULAR 01 CRIME, WHETHER AND TO WHAT EXTENT THE PERSON HAS BEEN 02 REHABILITATED, AND THE OTHER FACTORS THAT THE DEPARTMENT 03 DETERMINES ARE SIGNIFICANT.] 04 * Sec. 12. AS 14.20.030(b) is amended to read: 05  (b)  Upon receipt of a judgment of conviction, the department [THE 06 COMMISSIONER OR THE PROFESSIONAL TEACHING PRACTICES 07 COMMISSION] shall  permanently revoke , effective immediately, [FOR LIFE] the 08 certificate of a person who has been convicted of a crime involving a minor under 09 AS 11.41.434 - 11.41.440, 11.41.455, or 11.41.460, or under a law in another 10 jurisdiction with elements substantially similar to an offense described in AS 11.41.434 11 - 11.41.440, 11.41.455, or 11.41.460 , or that is an attempt, solicitation, or conspiracy 12 to commit a crime described in this subsection or a law or ordinance in another 13 jurisdiction with similar elements. If the judgment of conviction is reversed on 14 appeal and the person is otherwise eligible for licensure, the department shall 15 reinstate the license . [WHEN FIVE YEARS HAVE ELAPSED AFTER THE 16 PERSON HAS RECEIVED AN UNCONDITIONAL DISCHARGE FOR THE 17 CONVICTION, THE PERSON MAY PETITION THE COMMISSION FOR 18 RECERTIFICATION. WHEN DECIDING WHETHER TO GRANT OR DENY THE 19 PETITION, THE COMMISSION SHALL CONSIDER THE NATURE OF THE 20 PARTICULAR CRIME, WHETHER AND TO WHAT EXTENT THE PERSON HAS 21 BEEN REHABILITATED, AND THE OTHER FACTORS THAT THE COMMISSION 22 DETERMINES ARE SIGNIFICANT.] 23 * Sec. 13. AS 22.15.100 is amended to read: 24  Sec. 22.15.100. Functions and powers of district judge and magistrate. 25 Each district judge and magistrate has the power 26  (1) to issue writs of habeas corpus for the purpose of inquiring into the 27 cause of restraint of liberty, returnable before a judge of the superior court, and the 28 same proceedings shall be had on the writ as if it had been granted by the superior 29 court judge under the laws of the state in such cases; 30  (2) of a notary public; 31  (3) to solemnize marriages; 01  (4) to issue warrants of arrest, summons, and search warrants according 02 to manner and procedure prescribed by law and the supreme court; 03  (5) to act as an examining judge or magistrate in preliminary 04 examinations in criminal proceedings; to set, receive, and forfeit bail and to order the 05 release of defendants under bail; 06  (6) to act as a referee in matters and actions referred to the judge or 07 magistrate by the superior court, with all powers conferred upon referees by laws; 08  (7) of the superior court in all respects including but not limited to 09 contempts, attendance of witnesses, and bench warrants; 10  (8) to order the temporary detention of a minor, or take other action 11 authorized by law or rules of procedure, in cases arising under  AS 47.10 [AS 47.10.010 12 - 47.10.142] or AS 47.12, when the minor is in a condition or surrounding dangerous 13 or injurious to the welfare of the minor or others that requires immediate action; the 14 action may be continued in effect until reviewed by the superior court in accordance 15 with rules of procedure governing these cases; 16  (9) to issue a protective order in cases involving domestic violence as 17 provided in AS 18.66.100 - 18.66.180; 18  (10) to review an administrative revocation of a person's driver's license 19 or nonresident privilege to drive, and an administrative refusal to issue an original 20 license, when designated as a hearing officer by the commissioner of administration and 21 with the consent of the administrative director of the state court system; 22  (11) to establish the fact of death or inquire into the death of a person 23 in the manner prescribed under AS 09.55.020 - 09.55.069. 24 * Sec. 14. 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. 15. AS 25.27 is amended by adding a new section to read: 08  Sec. 25.27.194. Processing time for modification of support orders. The 09 agency shall use its best efforts to process modifications of support orders under 10 AS 25.27.190 and 25.27.193 in a manner that will result in the same average processing 11 time for modifications that increase obligors' responsibilities as for modifications that 12 decrease obligors' responsibilities. 13 * Sec. 16. AS 47.05 is amended by adding a new section to read: 14  Sec. 47.05.065. Legislative findings related to children. The legislature finds 15 that 16  (1) parents have the following rights and responsibilities relating to the 17 care and control of their child while the child is a minor: 18  (A) the responsibility to provide the child with food, clothing, 19 shelter, education, and medical care; 20  (B) the right and responsibility to protect, nurture, train, and 21 discipline the child, including the right to direct the child's medical care and the 22 right to exercise reasonable corporal discipline; 23  (C) the right to determine where and with whom the child shall 24 live; 25  (D) the rights and responsibility to make decisions of legal or 26 financial significance concerning the child; 27  (E) the right to obtain representation for the child in legal 28 actions; and 29  (F) the responsibility to provide special safeguards and care, 30 including appropriate prenatal and postnatal protection for the child; 31  (2) it is the policy of the state to strengthen families and to protect 01 children from child abuse and neglect; the state recognizes that, in some cases, 02 protection of a child may require removal of the child from the child's home; however, 03  (A) except in those cases involving serious risk to a child's 04 health or safety, the Department of Health and Social Services should provide 05 time-limited family support services to the child and the child's family in order 06 to offer parents the opportunity to remedy parental conduct or conditions in the 07 home that placed the child at risk of harm so that a child may return home 08 safely and permanently; and 09  (B) the state also recognizes that when a child is removed from 10 the home, visitation between the child and the child's parents or guardian and 11 family members reduces the trauma for the child and enhances the likelihood 12 that the child will be able to return home; therefore, whenever a child is 13 removed from the parental home, the Department of Health and Social Services 14 should encourage frequent, regular, and reasonable visitation of the child with 15 the child's parent or guardian and family members; 16  (3) it is the policy of the state to recognize that, when a child is a ward 17 of the state, the child is entitled to reasonable safety, adequate care, and adequate 18 treatment and that the Department of Health and Social Services as legal custodian and 19 the child's guardian ad litem as guardian of the child's best interests and their agents 20 and assignees, each should make reasonable efforts to ensure that the child is provided 21 with reasonable safety, adequate care, and adequate treatment for the duration of time 22 that the child is a ward of the state; 23  (4) it is in the best interests of a child who has been removed from the 24 child's own home for the state to apply the following principles in resolving the 25 situation: 26  (A) the child should be placed in a safe, secure, and stable 27 environment; 28  (B) the child should not be moved unnecessarily; 29  (C) a planning process should be followed to lead to permanent 30 placement of the child; 31  (D) every effort should be made to encourage psychological 01 attachment between the adult caregiver and the child; 02  (E) frequent, regular, and reasonable visitation with the parent 03 or guardian and family members should be encouraged; and 04  (F) parents and guardians must actively participate in family 05 support services so as to facilitate the child's being able to remain in the home; 06 when children are removed from the home, the parents and guardians must 07 actively participate in family support services to make return of their children 08 to the home possible; 09  (5) numerous studies establish that 10  (A) children undergo a critical attachment process before the 11 time they reach six years of age; 12  (B) a child who has not attached with an adult caregiver during 13 this critical stage will suffer significant emotional damage that frequently leads 14 to chronic psychological problems and antisocial behavior when the child 15 reaches adolescence and adulthood; and 16  (C) it is important to provide for an expedited placement 17 procedure to ensure that all children, especially those under the age of six years, 18 who have been removed from their homes are placed in permanent homes 19 expeditiously. 20 * Sec. 17. AS 47.05 is amended by adding a new section to read: 21  Sec. 47.05.090. Authorization of the Interstate Compact on Adoption and 22 Medical Assistance. (a) The Department of Health and Social Services may, on 23 behalf of the state, enter into the Interstate Compact on Adoption and Medical 24 Assistance and supplementary agreements with agencies of other states for the provision 25 of adoption and medical assistance under AS 47.07 and other provisions of this title for 26 eligible children with special needs. 27  (b) In this section, "state" includes a state, territory, possession, or 28 commonwealth of the United States. 29 * Sec. 18. AS 47.10 is amended by adding a new section to read: 30  Sec. 47.10.005. Construction. The provisions of this chapter shall be liberally 31 construed to the end that a child coming within the jurisdiction of the court under this 01 chapter may receive the care, guidance, treatment, and control that will promote the 02 child's welfare. 03 * Sec. 19. AS 47.10.010 is repealed and reenacted to read: 04  Sec. 47.10.010. Jurisdiction. (a) Proceedings relating to a child under 18 05 years of age residing or found in the state are governed by this chapter when the child 06 is alleged to be or may be determined by the court to be a child in need of aid under 07 AS 47.10.011. 08  (b) In a controversy concerning custody of a child under this chapter, the court 09 may appoint a guardian of the person and property of a child, may appoint an attorney 10 to represent the legal interests of the child, and may order support from either or both 11 parents. Custody of a child may be given to the department and payment of support 12 money to the department may be ordered by a court. 13 * Sec. 20. AS 47.10 is amended by adding new sections to read: 14  Sec. 47.10.011. Children in need of aid. Subject to AS 47.10.019, the court 15 may find a child to be a child in need of aid if it finds by a preponderance of the 16 evidence that the child has been subjected to any of the following: 17  (1) a parent or guardian has abandoned the child as described in 18 AS 47.10.013, and the other parent is absent or has committed conduct or created 19 conditions that cause the child to be a child in need of aid under this chapter; 20  (2) a parent, guardian, or custodian is incarcerated, the other parent is 21 absent or has committed conduct or created conditions that cause the child to be a child 22 in need of aid under this chapter, and the incarcerated parent has not made adequate 23 arrangements for the child; 24  (3) a custodian with whom the child has been left is unwilling or unable 25 to provide care, supervision, or support for the child, and the whereabouts of the parent 26 or guardian is unknown; 27  (4) the child is in need of medical treatment to cure, alleviate, or 28 prevent substantial physical harm or is in need of treatment for mental injury and the 29 child's parent, guardian, or custodian has knowingly failed to provide the treatment; 30  (5) the child is habitually absent from home or refuses to accept 31 available care and the child's conduct places the child at substantial risk of physical or 01 mental injury; 02  (6) the child has suffered substantial physical harm, or there is a 03 substantial risk that the child will suffer substantial physical harm, as a result of 04 conduct by or conditions created by the child's parent, guardian, or custodian or by the 05 failure of the parent, guardian, or custodian to supervise the child adequately; 06  (7) the child has suffered sexual abuse, or there is a substantial risk that 07 the child will suffer sexual abuse, as a result of conduct by or conditions created by the 08 child's parent, guardian, or custodian or by the failure of the parent, guardian, or 09 custodian to adequately supervise the child; if a parent, guardian, or custodian has 10 actual notice that a person has been convicted of a sex offense against a minor within 11 the past 15 years, is registered or required to register as a sex offender under AS 12.63, 12 or is under investigation for a sex offense against a minor, and the parent, guardian, or 13 custodian subsequently allows a child to be left with that person, this conduct 14 constitutes prima facie evidence that the child is at substantial risk of being sexually 15 abused; 16  (8) conduct by or conditions created by the parent, guardian, or 17 custodian have 18  (A) resulted in mental injury to the child; or 19  (B) placed the child at substantial risk of mental injury as a 20 result of 21  (i) a pattern of rejecting, terrorizing, ignoring, isolating, 22 or corrupting behavior that would, if continued, result in mental injury; 23 or 24  (ii) exposure to domestic violence; in this sub- 25 subparagraph, "domestic violence" means conduct by a household member described in 26 AS 18.66.990 against another household member that is a crime against a person under 27 AS 11.41, an offense under a law or ordinance of another jurisdiction having elements similar 28 to a crime against a person under AS 11.41, an attempt to commit an offense that is a crime 29 against a person under AS 11.41 or an attempt to commit an offense under a law or ordinance 30 of another jurisdiction having elements similar to a crime against a person under AS 11.41; 31  (9) conduct by or conditions created by the parent, guardian, or 01 custodian have subjected the child or another child in the same household to neglect; 02  (10) the parent, guardian, or custodian's ability to parent has been 03 substantially impaired by the addictive or habitual use of an intoxicant, and the 04 addictive or habitual use of the intoxicant has resulted in a substantial risk of harm to 05 the child; if a court has previously found that a child is a child in need of aid under this 06 paragraph, the resumption of use of an intoxicant by a parent, guardian, or custodian 07 within one year after rehabilitation is prima facie evidence that the ability to parent is 08 substantially impaired and the addictive or habitual use of the intoxicant has resulted 09 in a substantial risk of harm to the child as described in this paragraph; 10  (11) the parent, guardian, or custodian has a mental illness, serious 11 emotional disturbance, or mental deficiency of a nature and duration that places the 12 child at substantial risk of physical harm or mental injury; 13  (12) the child has committed an illegal act as a result of pressure, 14 guidance, or approval from the child's parent, guardian, or custodian. 15  Sec. 47.10.013. Abandonment. (a) For purposes of this chapter, the court 16 may find abandonment of a child if a parent or guardian has shown a conscious 17 disregard of parental responsibilities toward the child by failing to provide reasonable 18 support, maintain regular contact, or provide normal supervision, considering the child's 19 age and need for care by an adult. Abandonment of a child also includes instances 20 when the parent or guardian, without justifiable cause, 21  (1) left the child with another person without provision for the child's 22 support and without meaningful communication with the child for a period of three 23 months; 24  (2) has made only minimal efforts to support and communicate with the 25 child; 26  (3) failed for a period of at least six months to maintain regular 27 visitation with the child; 28  (4) failed to participate in a suitable plan or program designed to reunite 29 the parent or guardian with the child; 30  (5) left the child without affording means of identifying the child and 31 the child's parent or guardian; 01  (6) was absent from the home for a period of time that created a 02 substantial risk of serious harm to a child left in the home; 03  (7) failed to respond to notice of child protective proceedings; or 04  (8) was unwilling to provide care, support, or supervision for the child. 05  (b) For purposes of (a) of this section, a parent or guardian who is a victim of 06 domestic violence, or who has a child in the parent's or guardian's care who is the 07 victim of domestic violence, is considered to have justifiable cause to take an action 08 or to fail to take an action that would otherwise be considered to be abandonment of 09 a child under (a) of this section if the action or failure to act is necessary to protect the 10 parent or guardian, or a child in the care of the parent or guardian, from further acts 11 of domestic violence. However, a parent or guardian who initially had justifiable cause 12 to act or fail to act as described in this subsection may be considered to have 13 abandoned the child without justifiable cause for purposes of (a) of this section if the 14 parent or guardian does not take reasonable steps to reunify with or provide care for 15 the abandoned child after becoming secure from further acts of domestic violence or 16 after providing that another child in the care of the parent or guardian is secure from 17 further acts of domestic violence. 18  Sec. 47.10.014. Neglect. For purposes of this chapter, the court may find 19 neglect of a child if the parent, guardian, or custodian fails to provide the child with 20 adequate food, clothing, shelter, education, medical attention, or other care and control 21 necessary for the child's physical and mental health and development, though 22 financially able to do so or offered financial or other reasonable means to do so. 23  Sec. 47.10.015. Physical harm. For the purposes of this chapter, the court may 24 find physical harm to a child or substantial risk of physical harm to a child if 25  (1) the child was the victim of an act described in AS 11.41.100 - 26 11.41.250, 11.41.300, 11.41.410 - 11.41.455, or AS 11.51.100 and the physical harm 27 occurred as a result of conduct by or conditions created by a parent, guardian, or 28 custodian; or 29  (2) a negligent act or omission by a parent, guardian, or custodian 30 creates a substantial risk of injury to the child. 31  Sec. 47.10.019. Limitations on determinations. Notwithstanding other 01 provisions of this chapter, the court may not find a minor to be a child in need of aid 02 under this chapter solely on the basis that the child's family is poor, lacks adequate 03 housing, or exhibits a lifestyle that is different from the generally accepted lifestyle 04 standard of the community where the family lives. However, this section may not be 05 construed to prevent a court from finding that a child is in need of aid if the child has 06 been subjected to conduct or conditions described in AS 47.10.011 - 47.10.015. 07 * Sec. 21. AS 47.10.020(a) is amended to read: 08  (a) Whenever circumstances subject a  child [MINOR] to the jurisdiction of  the 09 court under AS 47.10.005 - 47.10.142 [AS 47.10.010 - 47.10.142], the court shall 10 appoint a competent person or agency to make a preliminary inquiry and report for the 11 information of the court to determine whether the  best interests of the  child [MINOR] 12 require that further action be taken . If [; IF], under this subsection, the court appoints 13 a person or agency to make a preliminary inquiry and to report to it, then , upon the 14 receipt of the report, the court may 15   (1) close [INFORMALLY ADJUST] the matter without a  court hearing ; 16  (2) determine whether the best interests of the child require that 17 further action be taken; [,] or 18   (3) [IT MAY] authorize the person  or agency having knowledge of the 19 facts of the case to file with the court a petition setting out the facts[; IF THE COURT 20 INFORMALLY ADJUSTS THE MATTER, THE MINOR MAY NOT BE DETAINED 21 OR TAKEN INTO THE CUSTODY OF THE COURT AS A CONDITION OF THE 22 ADJUSTMENT, AND THE MATTER SHALL BE CLOSED BY THE COURT UPON 23 ADJUSTMENT]. 24 * Sec. 22. AS 47.10.020(b) is amended to read: 25  (b) The petition and all subsequent pleadings shall be styled as follows: "In the 26 matter of . . . . . . . . . . . . . . . . . . . . . . . ., a  child [MINOR] under 18 years of age." 27 The petition may be executed upon the petitioner's information and belief [,] and must 28 be verified. It must include the following information: 29  (1) the name, address ,  and occupation of the petitioner, together with 30 the petitioner's relationship to the  child [MINOR], and the petitioner's interest in the 31 matter; 01  (2) the name, age ,  and address of the  child [MINOR]; 02  (3) a brief statement of the facts that bring the  child [MINOR] within 03 this chapter; 04  (4) the names and addresses of the  child's [MINOR'S] parents; 05  (5)  the tribal affiliation, if known, of the child; 06  (6) the name and address of the  child's [MINOR'S] guardian [,] or of 07 the person having control or custody of the  child [MINOR]. 08 * Sec. 23. AS 47.10.030(b) is amended to read: 09  (b) In all cases under this chapter ,  the  child  [MINOR], each parent , the tribe, 10 foster parent or other out-of-home care provider,  [OF THE MINOR AND THE] 11 guardian , and guardian ad litem  of the  child  [MINOR] shall be given notice adequate 12 to give actual notice of the proceedings and the possibility of termination of parental 13 rights and responsibilities, taking into account education and language differences that 14 are known or reasonably ascertainable by the petitioner or the department. The notice 15 of the hearing must contain all names by which the  child  [MINOR] has been identified. 16 Notice shall be given in the manner appropriate under rules of civil procedure for the 17 service of process in a civil action under Alaska law or in any manner the court by 18 order directs. Proof of the giving of the notice shall be filed with the court before the 19 petition is heard. The court may also subpoena the parent of the  child  [MINOR], or 20 any other person whose testimony may be necessary at the hearing. A subpoena or 21 other process may be served by a person authorized by law to make the service, and ,  22 where personal service cannot be made, the court may direct that service of process be 23 in a manner appropriate under rules of civil procedure for the service of process in a 24 civil action under Alaska law or in any manner the court directs. 25 * Sec. 24. AS 47.10.050(a) is amended to read: 26  (a) Whenever in the course of proceedings instituted under this chapter it 27 appears to the court that the welfare of a  child [MINOR] will be promoted by the 28 appointment of an attorney to represent the  child [MINOR OR AN ATTORNEY OR 29 OTHER PERSON TO SERVE AS GUARDIAN AD LITEM], the court may make the 30 appointment.  If it appears to the court that the welfare of a child in the proceeding 31 will be promoted by the appointment of a guardian ad litem, the court shall make 01 the appointment. Appointment of a guardian ad litem or attorney shall be made under 02 the terms of AS 25.24.310. 03 * Sec. 25. AS 47.10.070(a) is amended to read: 04  (a) The court may conduct the hearing on the petition in an informal manner 05 [IN THE COURTROOM OR IN CHAMBERS]. The court shall give notice of the 06 hearing to the department , and it may send a representative to the hearing. The court 07 shall also transmit a copy of the petition to the department.  The department shall 08 send notice of the hearing to the persons for whom notice is required under 09 AS 47.10.030(b).  The  department and the persons to whom the department must 10 send notice of the hearing are entitled to [REPRESENTATIVE OF THE 11 DEPARTMENT MAY ALSO] be heard at the hearing.  However, the court may limit 12 the presence of the foster parent or other out-of-home care provider to the time 13 during which the person's testimony is being given if it is (1) in the best interest 14 of the child; or (2) necessary to protect the privacy interests of the parties and will 15 not be detrimental to the child.  The public shall be excluded from the hearing, but 16 the court, in its discretion, may permit individuals to attend a hearing if their attendance 17 is compatible with the best interests of the  child  [MINOR]. 18 * Sec. 26. AS 47.10.080(a) is amended to read: 19  (a)  An adjudication hearing shall be completed within 120 days after a 20 finding of probable cause is entered unless the court finds good cause to continue 21 the hearing. When determining whether to grant a continuance for good cause, 22 the court shall take into consideration the age of the child and the potential 23 adverse effect that the delay may have on the child.  The court, at the conclusion of 24 the hearing, [OR THEREAFTER] as the circumstances of the case may require, shall 25 find and enter a judgment that the  child [MINOR] is or is not a child in need of aid. 26 * Sec. 27. AS 47.10.080(c) is amended to read: 27  (c) If the court finds that the  child [MINOR] is a child in need of aid,  the 28 court [IT] shall 29  (1) order the  child [MINOR] committed to the department for placement 30 in an appropriate setting for a period of time not to exceed two years or in any event 31 past the date the  child [MINOR] becomes 19 years of age, except that the department 01  or the child's guardian ad litem may petition for and the court may grant in a hearing 02 (A)  one-year [TWO-YEAR] extensions of commitment that do not extend beyond the 03  child's [MINOR'S] 19th birthday if the extension is in the best interests of the  child 04 [MINOR]; and (B) an additional one-year period of  state custody [SUPERVISION] 05 past age 19 if the continued  state custody [SUPERVISION] is in the best interests of 06 the person and the person consents to it; [THE DEPARTMENT MAY TRANSFER 07 THE MINOR, IN THE MINOR'S BEST INTERESTS, FROM ONE PLACEMENT 08 SETTING TO ANOTHER, AND THE MINOR, THE MINOR'S PARENTS OR 09 GUARDIAN, AND THE MINOR'S ATTORNEY ARE ENTITLED TO 10 REASONABLE NOTICE OF THE TRANSFER;] 11  (2) order the  child  [MINOR] released to  a parent, relative, or 12 guardian of the child  [THE MINOR'S PARENTS, GUARDIAN,] or  to another  13 [SOME OTHER] suitable person, and, in appropriate cases, order the  parent, relative  14 [PARENTS], guardian, or other person to provide medical or other care and treatment; 15 if the court releases the  child  [MINOR], it shall direct the department to supervise the 16 care and treatment given to the  child  [MINOR], but the court may dispense with the 17 department's supervision if the court finds that the adult to whom the  child  [MINOR] 18 is released will adequately care for the  child  [MINOR] without supervision; the 19 department's supervision may not exceed two years or in any event extend past the date 20 the  child  [MINOR] reaches age 19, except that the department  or the child's guardian 21 ad litem may petition for and the court may grant in a hearing 22  (A)  one-year  [TWO-YEAR] extensions of supervision that do 23 not extend beyond the  child's  [MINOR'S] 19th birthday if the  extensions are 24 [EXTENSION IS] in the best interests of the  child  [MINOR]; and 25  (B) an additional one-year period of supervision past age 19 if 26 the continued supervision is in the best interests of the person and the person 27 consents to it; or 28  (3) by order,  under the grounds specified in (o) of this section or 29 AS 47.10.088, the termination of [UPON A SHOWING IN THE ADJUDICATION 30 BY CLEAR AND CONVINCING EVIDENCE THAT THERE IS A CHILD IN NEED 31 OF AID UNDER AS 47.10.010(a) AS A RESULT OF PARENTAL CONDUCT AND 01 UPON A SHOWING IN THE DISPOSITION BY CLEAR AND CONVINCING 02 EVIDENCE THAT THE PARENTAL CONDUCT IS LIKELY TO CONTINUE TO 03 EXIST IF THERE IS NO TERMINATION OF PARENTAL RIGHTS, TERMINATE] 04 parental rights and responsibilities of one or both parents [,] and commit the child to 05 the  custody of the department [OR TO A LEGALLY APPOINTED GUARDIAN OF 06 THE PERSON OF THE CHILD], and the department [OR GUARDIAN] shall report 07  quarterly  [ANNUALLY] to the court on efforts being made to find a permanent 08 placement for the child. 09 * Sec. 28. AS 47.10.080(f) is amended to read: 10  (f) A  child  [MINOR] found to be a child in need of aid is a ward of the state 11 while committed to the department or the department has the power to supervise the 12  child's  [MINOR'S] actions.  For an order made under (c)(1) of this section, the 13 [THE] court shall  hold a permanency hearing as required by (l) of this section and 14 at least annually thereafter during the continuation of foster care  [REVIEW AN 15 ORDER MADE UNDER (c)(1) OR (2) OF THIS SECTION ANNUALLY, AND MAY 16 REVIEW THE ORDER MORE FREQUENTLY] to determine if continued placement 17 [OR SUPERVISION], as it is being provided, is in the best interest of the  child  18 [MINOR. IF ANNUAL REVIEW UNDER THIS SUBSECTION WOULD ARISE 19 WITHIN 90 DAYS OF THE HEARING REQUIRED UNDER (l) OF THIS SECTION, 20 THE COURT MAY POSTPONE REVIEW UNDER THIS SUBSECTION UNTIL THE 21 TIME SET FOR THE HEARING]. The department, the  child, and  [MINOR,] the 22  child's  [MINOR'S] parents, guardian,  and guardian ad litem [OR CUSTODIAN] are 23 entitled, when good cause is shown, to a  permanency hearing  [REVIEW] on 24 application. If the application is granted, the court shall afford these  persons  25 [PARTIES] and their counsel reasonable  advance  notice [IN ADVANCE OF THE 26 REVIEW] and hold a  permanency  hearing where these  persons  [PARTIES] and their 27 counsel shall be afforded an opportunity to be heard.  The persons entitled to notice 28 under AS 47.10.030(b) are entitled to notice of a permanency hearing under this 29 subsection and are also entitled to be heard at the hearing.  The  child  [MINOR] 30 shall be afforded the opportunity to be present  and to be heard  at the  permanency 31 hearing. After the permanency hearing, the court shall make the written findings 01 that are required under (l) of this section. The court shall review an order made 02 under (c)(2) of this section at least annually to determine if continued supervision, 03 as it is being provided, is in the best interest of the child; this review is not 04 considered to be a permanency hearing and is not governed by the provisions of 05 this subsection that relate to permanency hearings  [REVIEW]. 06 * Sec. 29. AS 47.10.080(i) is amended to read: 07  (i) A  child or  [MINOR,] the  child's  [MINOR'S] parents ,  [OR] guardian,  or 08 guardian ad litem, or attorney , acting on the  child's  [MINOR'S] behalf, or the 09 department may appeal a judgment or order, or the stay, modification, setting aside, 10 revocation, or enlargement of a judgment or order issued by the court under this 11 chapter.  Absent extraordinary circumstances, a decision on the appeal shall be 12 issued no later than 90 days after the latest of the following: 13  (1) the date oral argument, if any, is heard on the appeal; or 14  (2) 45 days after the last date oral argument could have been timely 15 requested if oral argument was not requested. 16  * Sec. 30. AS 47.10.080(l) is repealed and reenacted to read: 17  (l) Within 12 months after the date a child enters foster care as calculated under 18 AS 47.10.088(f), the court shall hold a permanency hearing. The hearing and 19 permanent plan developed in the hearing are governed by the following provisions: 20  (1) the persons entitled to be heard under AS 47.10.070 or under (f) of 21 this section are also entitled to be heard at the hearing held under this subsection; 22  (2) when establishing the permanent plan for the child, the court shall 23 make appropriate written findings, including findings related to whether 24  (A) and when the child should be returned to the parent or 25 guardian; 26  (B) the child should be placed for adoption or legal guardianship 27 and whether a petition for termination of parental rights should be filed by the 28 department; and 29  (C) the child should be placed in another planned, permanent 30 living arrangement and what steps are necessary to achieve the new 31 arrangement; 01  (3) if the court is unable to make a finding required under (2) of this 02 subsection, the court shall hold another hearing within a reasonable period of time; 03  (4) in addition to the findings required by (2) of this subsection, the 04 court shall also make appropriate written findings related to 05  (A) whether the department has made the reasonable efforts 06 required under AS 47.10.086 to offer appropriate family support services to 07 remedy the parent's or guardian's conduct or conditions in the home that made 08 the child a child in need of aid under this chapter; 09  (B) whether the parent or guardian has made substantial progress 10 to remedy the parent's or guardian's conduct or conditions in the home that 11 made the child a child in need of aid under this chapter; and 12  (C) if the permanent plan is for the child to remain in out-of- 13 home-care, whether the child's out-of-home placement continues to be appropriate and in the 14 best interests of the child; 15  (5) the court shall hold a hearing to review the permanent plan at least 16 annually until successful implementation of the plan; if the plan approved by the court 17 changes after the hearing, the department shall promptly apply to the court for another 18 permanency hearing, and the court shall conduct the hearing within 30 days after 19 application by the department. 20 * Sec. 31. AS 47.10.080(o) is amended to read: 21  (o) For purposes of terminating a parent's parental rights under the standards 22 in (c)(3) of this section, the court may determine that incarceration of the parent is 23 sufficient grounds for determining that a  child [MINOR] is a child in need of aid under 24  AS 47.10.011 [AS 47.10.010(a)(1)] as a result of parental conduct and that the  parental 25 rights of the incarcerated parent should be terminated  [CONDUCT IS LIKELY TO 26 CONTINUE] if the court finds, based on clear and convincing evidence, that [THE] 27  (1)  the  period of incarceration that the parent is scheduled to serve 28 during the child's minority is significant considering the child's age and the child's need 29 for an adult's care and supervision; [AND] 30  (2)  there is not another parent willing and able to care for the child; 31 and 01  (3) the incarcerated  parent has failed to make adequate provisions for 02 care of the child during the period of incarceration that will be during the child's 03 minority. 04 * Sec. 32. AS 47.10.080 is amended by adding new subsections to read: 05  (p) If a child is removed from the parental home, the department shall provide 06 reasonable visitation between the child and the child's parents, guardian, and family. 07 When determining what constitutes reasonable visitation with a family member, the 08 department shall consider the nature and quality of the relationship that existed between 09 the child and the family member before the child was committed to the custody of the 10 department. The court may require the department to file a visitation plan with the 11 court. The department may deny visitation to the parents, guardian, or family members 12 if there is clear and convincing evidence that visits are not in the child's best interests. 13 A parent or guardian who is denied visitation may request a review hearing. 14  (q) If the court orders a child committed to the department under (c) of this 15 section and the department places the child in licensed foster care, the department shall 16  (1) provide the foster parent with a copy of 17  (A) appropriate information held by the department regarding the 18 child to the extent required by AS 47.12.310(b)(8); 19  (B) all initial, updated, and revised case service plans for the 20 child, court orders relating to the child, and the child's medical, mental, and 21 education reports prepared by or for the department, including reports compiled 22 before the child was placed with the foster parent; and 23  (C) supplements to the plans, orders, and reports described in (B) 24 of this paragraph; 25  (2) require the foster parent to 26  (A) maintain and update records regarding medical, mental, 27 educational, and behavioral services provided to the child; 28  (B) provide all records described in (A) of this paragraph to the 29 department when the child leaves the foster home placement; and 30  (C) maintain the confidentiality of records regarding a child 31 placed in the foster home except when disclosure of the records is allowed 01 under regulations of the department or when disclosure is reasonably necessary 02 to ensure continuation of care for the child through appropriate medical, mental, 03 educational, and behavioral services. 04  (r) If the court orders a child committed to the department under (c) of this 05 section, the court shall order the child's parent or guardian to provide the department 06 with 07  (1) the names, addresses, and telephone numbers of all of the child's 08 medical providers; 09  (2) the names, addresses, and telephone numbers of mental health 10 providers that have provided services to the child; 11  (3) the names, addresses, and telephone numbers of schools, preschools, 12 or day care facilities that the child was attending before the child was committed to the 13 department; 14  (4) a description of special needs of the child, if any; and 15  (5) the names and locations of relatives who may be willing to have the 16 child placed in their home. 17  (s) The department may transfer a child, in the child's best interests, from one 18 placement setting to another, and the child, the child's parents or guardian, the child's 19 foster parents or out-of-home caregiver, the child's guardian ad litem, the child's 20 attorney, and the child's tribe are entitled to advance notice of a nonemergency transfer. 21 A party opposed to the proposed transfer may request a hearing and must prove by 22 clear and convincing evidence that the transfer would be contrary to the best interests 23 of the child for the court to deny the transfer. A foster parent or out-of-home caregiver 24 who requests a nonemergency change in placement of the child shall provide the 25 department with reasonable advance notice of the requested change. 26 * Sec. 33. AS 47.10.082 is amended to read: 27  Sec. 47.10.082. Health and safety [BEST INTERESTS] of child and other 28 considerations. In making its dispositional order under AS 47.10.080(c), the court 29 shall  keep the health and safety of the child as the court's paramount concern and 30 consider 31  (1) the best interests of the child; [AND] 01  (2) the ability of the state to take custody and to care for the child to 02 protect the child's best interests under  AS 47.10.005 - 47.10.142; and 03  (3) the potential harm to the child caused by removal of the child 04 from the home and family environment [AS 47.10.010 - 47.10.142]. 05 * Sec. 34. AS 47.10.084(a) is amended to read: 06  (a) When a child is committed under AS 47.10.080(c)(1) to the department, 07 released under AS 47.10.080(c)(2) to the child's parents, guardian, or other suitable 08 person, or committed to the department or to a legally appointed guardian of the person 09 of the child under AS 47.10.080(c)(3), a relationship of legal custody exists. This 10 relationship imposes on the department and its authorized agents or the parents, 11 guardian, or other suitable person the responsibility of physical care and control of the 12 child, the determination of where and with whom the child shall live, the right and duty 13 to protect,  nurture,  train, and discipline the child, [AND] the duty of providing the 14 child with food, shelter, education, and medical care , and the right and responsibility 15 to make decisions of financial significance concerning the child . These obligations 16 are subject to any residual parental rights and responsibilities and rights and 17 responsibilities of a guardian if one has been appointed. When a child is committed 18 to the department and the department places the child with the child's parent, the parent 19 has the responsibility to provide and pay for food, shelter, education, and medical care 20 for the child. When parental rights have been terminated, or there are no living parents 21 and no guardian has been appointed, the responsibilities of legal custody include those 22 in (b) and (c) of this section. The department or person having legal custody of the 23 child may delegate any of the responsibilities under this section, except authority to 24 consent to marriage, adoption, and military enlistment may not be delegated. For 25 purposes of this chapter a person in charge of a placement setting is an agent of the 26 department. 27  * Sec. 35. AS 47.10 is amended by adding new sections to read: 28  Sec. 47.10.086. Reasonable efforts. (a) Except as provided in (b) and (c) of 29 this section, the department shall make timely, reasonable efforts to provide family 30 support services to the child and to the parents or guardian of the child that are 31 designed to prevent out-of-home placement of the child or to enable the safe return of 01 the child to the family home, when appropriate, if the child is in an out-of-home 02 placement. The department's duty to make reasonable efforts under this subsection 03 includes the duty to 04  (1) identify family support services that will assist the parent or 05 guardian in remedying the conduct or conditions in the home that made the child a 06 child in need of aid; 07  (2) actively offer the parent or guardian, and refer the parent or guardian 08 to, the services identified under (1) of this subsection; the department shall refer the 09 parent or guardian to community-based family support services whenever community- 10 based services are available and desired by the parent or guardian; and 11  (3) document the department's actions that are taken under (1) and (2) 12 of this subsection. 13  (b) If the court makes a finding at a hearing conducted under AS 47.10.080(l) 14 that a parent or guardian has not sufficiently remedied the parent's or guardian's 15 conduct or the conditions in the home despite reasonable efforts made by the 16 department in accordance with this section, the court may conclude that continuation 17 of reasonable efforts of the type described in (a) of this section are not in the best 18 interests of the child. The department shall then make reasonable efforts to place the 19 child in a timely manner in accordance with the permanent plan and to complete 20 whatever steps are necessary to finalize the permanent placement of the child. 21  (c) The court may determine that reasonable efforts of the type described in (a) 22 of this section are not required if the court has found by a preponderance of the 23 evidence that 24  (1) the parent or guardian has subjected the child to circumstances that 25 pose a substantial risk to the child's health or safety; these circumstances include 26 abandonment, sexual abuse, torture, chronic mental injury, or chronic physical harm; 27  (2) the parent or guardian has 28  (A) committed homicide under AS 11.41.100 - 11.41.130 of a 29 parent of the child or of a child; 30  (B) aided or abetted, attempted, conspired, or solicited under 31 AS 11.16 or AS 11.31 to commit a homicide described in (A) of this paragraph; 01  (C) committed an assault that is a felony under AS 11.41.200 - 02 11.41.220 and results in serious physical injury to a child; or 03  (D) committed the conduct described in (A) - (C) of this 04 paragraph that violated a law or ordinance of another jurisdiction having 05 elements similar to an offense described in (A) - (C) of this paragraph; 06  (3) the parent or guardian has, during the 12 months preceding the 07 permanency hearing, failed to comply with a court order to participate in family support 08 services; 09  (4) the department has conducted a reasonably diligent search over a 10 time period of at least three months for an unidentified or absent parent and has failed 11 to identify and locate the parent; 12  (5) the parent or guardian is the sole caregiver of the child and the 13 parent or guardian has a mental illness or mental deficiency of such nature and duration 14 that, according to the statement of a psychologist or physician, the parent or guardian 15 will be incapable of caring for the child without placing the child at substantial risk of 16 physical or mental injury even if the department were to provide family support 17 services to the parent or guardian for 12 months; 18  (6) the parent or guardian has previously been convicted of a crime 19 involving a child in this state or in another jurisdiction and, after the conviction, the 20 child was returned to the custody of the parent or guardian and later removed because 21 of an additional substantiated report of physical or sexual abuse by the parent or 22 guardian; 23  (7) a child has suffered substantial physical harm as the result of abusive 24 or neglectful conduct by the parent or guardian or by a person known by the parent or 25 guardian and the parent or guardian knew or reasonably should have known that the 26 person was abusing the child; 27  (8) the parental rights of the parent have been terminated with respect 28 to another child because of child abuse or neglect, the parent has not remedied the 29 conditions or conduct that led to the termination of parental rights, and the parent has 30 demonstrated an inability to protect the child from substantial harm or the risk of 31 substantial harm; 01  (9) the child has been removed from the child's home on at least two 02 previous occasions, family support services were offered or provided to the parent or 03 guardian at those times, and the parent or guardian has demonstrated an inability to 04 protect the child from substantial harm or the risk of substantial harm; or 05  (10) the parent or guardian is incarcerated and is unavailable to care for 06 the child during a significant period of the child's minority, considering the child's age 07 and need for care by an adult. 08  (d) If the court determines under (b) or (c) of this section that reasonable 09 efforts under (a) of this section are not required to be provided, 10  (1) the court shall hold a permanency hearing for the child within 30 11 days after the determination; and 12  (2) the department shall make reasonable efforts to place the child in 13 a timely manner in accordance with the permanency plan, and complete whatever steps 14 are necessary to finalize the permanent placement of the child. 15  (e) The department may develop and implement an alternative permanency plan 16 for the child while the department is also making reasonable efforts to return the child 17 to the child's family under (a) of this section. 18  (f) In making determinations and reasonable efforts under this section, the 19 primary consideration is the child's best interests. 20  Sec. 47.10.088. Termination of parental rights and responsibilities. (a) 21 Except as provided in AS 47.10.080(o), the rights and responsibilities of the parent 22 regarding the child may be terminated for purposes of freeing a child for adoption or 23 other permanent placement if the court finds 24  (1) by clear and convincing evidence that 25  (A) the child has been subjected to conduct or conditions 26 described in AS 47.10.011; and 27  (B) the parent 28  (i) has not remedied the conduct or conditions in the 29 home that place the child at substantial risk of harm; or 30  (ii) has failed, within a reasonable time, to remedy the 31 conduct or conditions in the home that place the child in substantial risk 01 so that returning the child to the parent would place the child at 02 substantial risk of physical or mental injury; and 03  (2) by preponderance of the evidence that the department has complied 04 with the provisions of AS 47.10.086 concerning reasonable efforts. 05  (b) In making a determination under (a)(1)(B) of this section, the court may 06 consider any fact relating to the best interests of the child, including 07  (1) the likelihood of returning the child to the parent within a reasonable 08 time based on the child's age or needs; 09  (2) the amount of effort by the parent to remedy the conduct or the 10 conditions in the home; 11  (3) the harm caused to the child; 12  (4) the likelihood that the harmful conduct will continue; and 13  (5) the history of conduct by or conditions created by the parent. 14  (c) In a proceeding under this chapter involving termination of the parental 15 right of a parent, the court shall consider the best interests of the child. 16  (d) Except as provided in (e) of this section, the department shall petition for 17 termination of a parent's rights to a child, without making further reasonable efforts, 18 when a child is under the jurisdiction of the court under AS 47.10.010 and 47.10.011, 19 and 20  (1) the child has been in foster care for at least 15 of the most recent 21 22 months; 22  (2) the court has determined that the child is abandoned under 23 AS 47.10.013 and the child is younger than six years of age; 24  (3) the court has made a finding under AS 47.10.086(b) or a 25 determination under AS 47.10.086(c) that the best interests of the child do not require 26 further reasonable efforts by the department; 27  (4) a parent has made three or more attempts within a 15-month period 28 to remedy the parent's conduct or conditions in the home without lasting change; or 29  (5) a parent has made no effort to remedy the parent's conduct or the 30 conditions in the home by the time of the permanency hearing under AS 47.10.080(l). 31  (e) If one or more of the conditions listed in (d) of this section are present, the 01 department shall petition for termination of the parental rights to a child unless the 02 department 03  (1) has documented a compelling reason for determining that filing the 04 petition would not be in the best interests of the child; a compelling reason under this 05 paragraph may include care by a relative for the child; or 06  (2) is required to make reasonable efforts under AS 47.10.086 and the 07 department has not provided to the parent, consistent with the time period in the 08 department's case plan, the family support services that the department has determined 09 are necessary for the safe return of the child to the home. 10  (f) A child is considered to have entered foster care under this chapter on the 11 earlier of 12  (1) the date of the first judicial finding of child abuse or neglect; or 13  (2) 60 days after the date of removal of the child from the child's home 14 under this chapter. 15  (g) This section does not preclude the department from filing a petition to 16 terminate the parental rights and responsibilities to a child for other reasons, or at an 17 earlier time than those specified in (d) of this section, if the department determines that 18 filing a petition is in the best interests of the child. 19  (h) The court may order the termination of parental rights and responsibilities 20 of one or both parents under AS 47.10.080(c)(3) and commit the child to the custody 21 of the department. The rights of one parent may be terminated without affecting the 22 rights of the other parent. 23  (i) The department shall concurrently identify, recruit, process, and approve a 24 qualified person or family for an adoption whenever a petition to terminate a parent's 25 rights to a child is filed. If the court issues an order to terminate under (j) of this 26 section, the department shall report within 30 days on the efforts being made to recruit 27 a permanent placement for the child if a permanent placement was not approved at the 28 time of the trial under (j) of this section. The report must document recruitment efforts 29 made for the child. 30  (j) No later than six months after the date on which the petition to terminate 31 parental rights is filed, the court before which the petition is pending shall hold a trial 01 on the petition unless the court finds that good cause is shown for a continuance. 02 When determining whether to grant a continuance for good cause, the court shall take 03 into consideration the age of the child and the potential adverse effect that the delay 04 may have on the child. The court shall make written findings when granting a 05 continuance. 06  (k) The court shall issue an order on the petition to terminate within 90 days 07 after the last day of the trial on the petition to terminate parental rights. 08 * Sec. 36. AS 47.10.090(e) is amended to read: 09  (e) The court's official records under this chapter may be inspected only with 10 the court's permission and only by persons having a legitimate interest in them.  A 11 foster parent is considered to have a legitimate interest in those portions of the 12 court's records relating to a child who is placed by the department with the foster 13 parent or who the department proposes for placement with the foster parent.  14 * Sec. 37. AS 47.10.092(a) is amended to read: 15  (a) Notwithstanding AS 47.10.090 and 47.10.093, a parent or legal guardian of 16 a  child  [MINOR] subject to a proceeding under  AS 47.10.005 - 47.10.142 17 [AS 47.10.010 - 47.10.142] may disclose confidential or privileged information about 18 the  child or the child's family [MINOR], including information that has been lawfully 19 obtained from agency or court files, to the governor, the lieutenant governor, a 20 legislator, the ombudsman appointed under AS 24.55, the attorney general, and the 21 commissioners of health and social services, administration, or public safety, or an 22 employee of these persons, for review or use in their official capacities. The 23 department  shall  [MAY] disclose additional confidential or privileged information and 24 make  copies of documents available for inspection [DOCUMENTS] about the  child 25 or the child's family [MINOR] to these state officials or employees for review or use 26 in their official capacities  upon request of the official or employee and submission 27 of satisfactory evidence that a parent or legal guardian of the child has requested 28 the state official's assistance in the case as part of the official's duties . A person 29 to whom disclosure is made under this section may not disclose confidential or 30 privileged information about the  child or the child's family [MINOR] to a person not 31 authorized to receive it. 01 * Sec. 38. AS 47.10.093(b) is amended to read: 02  (b) A state or municipal agency or employee  shall  [MAY] disclose 03  appropriate  information regarding a case to 04  (1) a guardian ad litem appointed by the court or to a citizen review 05 board or local review panel for permanency planning authorized by AS 47.14.200 or 06 47.14.220; 07  (2) a person or an agency requested  by the department or the child's 08 legal custodian  to provide consultation or services for a  child  [MINOR] who is subject 09 to the jurisdiction of the court under AS 47.10.010  as necessary to enable the 10 provision of the consultation or services ; 11  (3) foster parents or relatives with whom the child is placed by the 12 department as may be necessary to enable the foster parents or relatives to 13 provide appropriate care for the child who is the subject of the case, to protect the 14 safety of the child who is the subject of the case, and to protect the safety and 15 property of family members and visitors of the foster parents or relatives; 16   (4)  school officials as may be necessary to enable the school to provide 17 appropriate counseling and support services to the  child  [MINOR] who is the subject 18 of the case, to protect the safety of the  child  [MINOR] who is the subject of the case, 19 and to protect the safety of school students and staff; 20   (5) [(4)] a governmental agency as may be necessary to obtain that 21 agency's assistance for the department in its investigation or to obtain physical custody 22 of a child; 23   (6) [AND (5)] a [STATE OR MUNICIPAL] law enforcement agency 24  of this state or another jurisdiction  as may be necessary for  the protection of any 25 child [A SPECIFIC INVESTIGATION BEING CONDUCTED BY THAT AGENCY] 26 or for  actions  [DISCLOSURES] by that agency to protect the public safety ; 27  (7) members of a multidisciplinary child protection team created 28 under AS 47.14.300 as may be necessary for the performance of their duties; 29  (8) the state medical examiner under AS 12.65 as may be necessary 30 for the performance of the duties of the state medical examiner; 31   (9) a person who has made a report of harm as required by 01 AS 47.17.020 to inform the person that the investigation was completed and of 02 action taken to protect the child who was the subject of the report; and 03   (10) the child support enforcement agency established in 04 AS 25.27.010 as may be necessary to establish and collect child support for a child 05 who is a child in need of aid under this chapter . 06 * Sec. 39. AS 47.10.141(f) is amended to read: 07  (f) If a  child  [MINOR], without permission, leaves the semi-secure portion of 08 an office, program, shelter, or facility to which the  child  [MINOR] was taken by a 09 peace officer under  (b)(1)(C) [(b)(1)(c)] of this section, the office, program, shelter, or 10 facility shall immediately notify the department and the nearest law enforcement agency 11 of the identity of the  child  [MINOR] and the  child's  [MINOR'S] absence. If the same 12  child  [MINOR] is again taken into protective custody under (b) of this section and the 13 peace officer knows that the  child  [MINOR] has previously been reported under this 14 subsection as missing from a semi-secure placement, the peace officer, in addition to 15 taking the appropriate action under (b) of this section, shall report the circumstances 16 and the identity of the  child  [MINOR] to the department. Within 48 hours after 17 receiving this report, the department shall determine whether to file a petition alleging 18 that the  child  [MINOR] is a child in need of aid under  AS 47.10.011  19 [AS 47.10.010(a)(1)]. If the department decides not to file a petition alleging that the 20  child  [MINOR] is a child in need of aid, the department shall, within seven state 21 working days after receiving the report from the peace officer under this subsection, 22 send to the  child's  [MINOR'S] parents or guardian, as applicable, written notice of its 23 determination not to proceed with the petition, including the reasons on which the 24 determination was based. If the department is unable to obtain a reasonably reliable 25 address for a parent or guardian, the department shall keep a copy of the notice on file 26 and, notwithstanding AS 47.10.093, release the notice to the  child's  [MINOR'S] parent 27 or guardian on request of the parent or guardian. If the department files a petition 28 alleging that the  child  [MINOR] is a child in need of aid, the court shall proceed under 29 AS 47.10.142(d). 30 * Sec. 40. AS 47.10.141(g) is amended to read: 31  (g) If the department files a petition alleging the  child  [MINOR] is a child in 01 need of aid under  AS 47.10.011(5)  [AS 47.10.010(a)(1)] because the  child  [MINOR] 02 is habitually absent from home or refuses available care, the  child's [MINOR'S] parent 03 or guardian shall attend each hearing held during the child-in-need-of-aid proceedings 04 unless the court excuses the parent or guardian from attendance for good cause. If the 05  child [MINOR] is found to be a child in need of aid, the court may order that the  06   (1) child participate in treatment; 07  (2)  [MINOR'S] parent or guardian [(1)] personally participate in 08 treatment reasonably available in the parent or guardian's community as specified in a 09 plan set out in the court order; and 10   (3) child and the parent or guardian [(2)] comply with other 11 conditions set out in the court order. 12  * Sec. 41. AS 47.10.142(a) is amended to read: 13  (a) The Department of Health and Social Services may take emergency custody 14 of a  child  [MINOR] upon discovering any of the following circumstances: 15  (1) the  child  [MINOR] has been abandoned  as abandonment is 16 described in AS 47.10.013 ; 17  (2) the  child  [MINOR] has been [GROSSLY] neglected by the  child's 18 [MINOR'S] parents or guardian, as "neglect" is  described [DEFINED] in  AS 47.10.014  19 [AS 47.17.290], and the department determines that immediate removal from the  child's  20 [MINOR'S] surroundings is necessary to protect the  child's  [MINOR'S] life or provide 21 immediate necessary medical attention; 22  (3) the  child  [MINOR] has been subjected to  physical harm [CHILD 23 ABUSE OR NEGLECT] by a person responsible for the  child's  [MINOR'S] welfare, 24 [AS "CHILD ABUSE OR NEGLECT" IS DEFINED IN AS 47.17.290,] and the 25 department determines that immediate removal from the  child's  [MINOR'S] 26 surroundings is necessary to protect the  child's  [MINOR'S] life or that immediate 27 medical attention is necessary; or 28  (4) the  child or a sibling  [MINOR] has been sexually abused under 29 circumstances listed in  AS 47.10.011(7)  [AS 47.10.010(a)(4)]. 30 * Sec. 42. AS 47.10.142(c) is amended to read: 31  (c) When a child is taken into custody under (a) or (b) of this section or when 01 the department is notified of a child's presence in either a program for runaway 02  children  [MINORS] under AS 47.10.300 - 47.10.390 or a shelter for runaway  children  03 [MINORS] under AS 47.10.392 - 47.10.399, the department shall immediately, and in 04 no event more than  24  [12] hours later unless prevented by lack of communication 05 facilities, notify the parents or the person or persons having custody of the child. If the 06 department determines that continued custody is necessary to protect the child, the 07 department shall notify the court of the emergency custody by filing, within  24  [12] 08 hours after custody was assumed, a petition alleging that the child is a child in need of 09 aid. If the department releases the child within  24  [12] hours after taking the child into 10 custody and does not file a child in need of aid petition ,  the department shall, within 11  24  [12] hours after releasing the child, file with the court a report explaining why the 12 child was taken into custody , why the child was released, and to whom the child was 13 released . 14 * Sec. 43. AS 47.10.142(h) is amended to read: 15  (h) Within  12  [18] months after a  child [MINOR] is committed to the 16 department under this section, the court shall review the placement plan and actual 17 placement of the  child [MINOR] under AS 47.10.080(l). 18 * Sec. 44. AS 47.10 is amended by adding a new section to read: 19  Sec. 47.10.960. Duty and standard of care not created.  Nothing in this title 20 creates a duty or standard of care for services to children and their families being 21 served under AS 47.10. 22 * Sec. 45. AS 47.10.990(1) is amended to read: 23  (1) "care" [OR "CARING" UNDER AS 47.10.010(a)(1) AND 24 47.10.120(a)] means to provide for the physical, [EMOTIONAL,] mental, and social 25 needs of the child; 26 * Sec. 46. AS 47.10.990(2) is amended to read: 27  (2) "child in need of aid" means a  child  [MINOR] found to be within 28 the jurisdiction of the court under  AS 47.10.010 and 47.10.011  [AS 47.10.010(a)]; 29 * Sec. 47. AS 47.10.990 is amended by adding new paragraphs to read: 30  (8) "child" means a person under 18 years of age and a person 19 years 31 of age if that person was under 18 years of age at the time that a proceeding under this 01 chapter was commenced; 02  (9) "custodian" means a natural person 18 years of age or older to 03 whom a parent or guardian has transferred temporary physical care, custody, and 04 control of the child for a period of time; 05  (10) "domestic violence" has the meaning given in AS 18.66.990; 06  (11) "family support services" means the services and activities provided 07 to children and their families, including those provided by the community, a church, 08 or other service organization, both to prevent removal of a child from the parental home 09 and to facilitate the child's safe return to the family; "family support services" may 10 include counseling, substance abuse treatment, mental health services, assistance to 11 address domestic violence, visitation with family members, parenting classes, in-home 12 services, temporary child care services, and transportation; 13  (12) "foster care" means care provided by a person or household under 14 a foster home license required under AS 47.35.015; 15  (13) "guardian" means a natural person who is legally appointed 16 guardian of the child by the court; 17  (14) "hazardous volatile material or substances" has the meaning given 18 in AS 47.37.270; 19  (15) "intoxicant" means a substance that temporarily diminishes a 20 person's control over mental or physical powers, including alcohol, controlled 21 substances under AS 11.71, and a hazardous volatile material or substance misused by 22 inhaling its vapors; 23  (16) "mental injury" has the meaning given in AS 47.17.290; 24  (17) "parent" means the biological or adoptive parent of the child; 25  (18) "permanency hearing" means a hearing 26  (A) designed to reach a decision in a case concerning the 27 permanent placement of a child under AS 47.10; and 28  (B) at which the direction of the case involving the child is 29 determined; 30  (19) "physical injury" has the meaning given in AS 11.81.900(b); 31  (20) "reasonable efforts" means, with respect to family support services 01 required under AS 47.10.086, consistent attempts made during a reasonable time period 02 and time-limited services; 03  (21) "reasonable time" means a period of time that serves the best 04 interests of the child, taking in account the affected child's age, emotional and 05 developmental needs, and ability to form and maintain lasting attachments; 06  (22) "serious physical injury" has the meaning given in 07 AS 11.81.900(b); 08  (23) "sexual abuse" means the conduct described in AS 11.41.410 - 09 11.41.460; conduct constituting "sexual exploitation" as defined in AS 47.17.290, and 10 conduct prohibited by AS 11.66.100 - 11.66.150; 11  (24) "support" has the meaning given in AS 11.51.120(b). 12 * Sec. 48. AS 47.12.310(b) is amended to read: 13  (b) A state or municipal agency or employee  shall  [MAY] disclose 14  appropriate  information regarding a case to 15  (1) a guardian ad litem appointed by the court [OR TO A CITIZEN 16 REVIEW BOARD OR LOCAL REVIEW PANEL FOR PERMANENCY PLANNING 17 AUTHORIZED BY AS 47.14.200 - 47.14.220]; 18  (2) a person or an agency requested  by the department or the minor's 19 legal custodian  to provide consultation or services for a minor who is subject to the 20 jurisdiction of the court under this chapter  as necessary to enable the provision of the 21 consultation or services ; 22  (3) school officials as may be necessary to protect the safety of the 23 minor who is the subject of the case and the safety of school students and staff or to 24 enable the school to provide appropriate counseling and supportive services to meet the 25 needs of a minor about whom information is disclosed; 26  (4) a governmental agency as may be necessary to obtain that agency's 27 assistance for the department in its investigation or to obtain physical custody of a 28 minor; 29  (5) a [STATE OR MUNICIPAL] law enforcement agency  of this state 30 or another jurisdiction  as may be necessary for  the protection, rehabilitation, or 31 supervision of any minor [A SPECIFIC INVESTIGATION BEING CONDUCTED 01 BY THAT AGENCY] or for  actions [DISCLOSURES] by that agency to protect the 02 public safety; [AND] 03  (6) a victim as may be necessary to inform the victim about the 04 disposition or resolution of a case involving a minor ; 05  (7) the state medical examiner under AS 12.65 as may be necessary 06 to perform the duties of the state medical examiner; and 07  (8) foster parents or relatives with whom the child is placed by the 08 department as may be necessary to enable the foster parents or relatives to 09 provide appropriate care for the child who is the subject of the case, to protect the 10 safety of the child who is the subject of the case, and to protect the safety and 11 property of family members and visitors of the foster parents or relatives . 12 * Sec. 49. AS 47.14.100(a) is amended to read: 13  (a) Subject to  (e), (f), (i), and (j)  [(e) AND (f)] of this section, the department 14 shall arrange for the care of every child committed to its custody by placing the child 15 in a foster home or in the care of an agency or institution providing care for children 16 inside or outside the state. The department may place a child in a suitable family 17 home, with or without compensation, and may place a child released to it, in writing 18 verified by the parent, or guardian or other person having legal custody, for adoptive 19 purposes, in a home for adoption in accordance with existing law. 20 * Sec. 50. AS 47.14.100(d) is amended to read: 21  (d) In addition to money paid for the maintenance of foster children under (b) 22 of this section, the department 23  (1) shall pay the costs of caring for physically or mentally handicapped 24 foster children, including the additional costs of medical care, habilitative and 25 rehabilitative treatment, services and equipment, special clothing, and the indirect costs 26 of medical care, including child care and transportation expenses; 27  (2) may pay for respite care; in this paragraph, "respite care" means 28 child care for the purpose of providing 29  [(A)] temporary relief from the stresses of caring for a foster 30 child [WHO HAS A PHYSICAL OR MENTAL DISABILITY OR A 31 PHYSICAL OR MENTAL IMPAIRMENT; IN THIS SUBPARAGRAPH, 01  (i) "PHYSICAL OR MENTAL DISABILITY" HAS THE 02 MEANING GIVEN IN AS 18.80.300(12)(A), (B), AND (D); AND 03  (ii) "PHYSICAL OR MENTAL IMPAIRMENT" HAS 04 THE MEANING GIVEN IN AS 18.80.300; AND 05  (B) PROTECTION FOR THE CHILD WHEN THE FOSTER 06 PARENT IS 07  (i) AWAY FROM THE HOME BECAUSE OF AN 08 EMERGENCY AND OTHER CARE IS NOT AVAILABLE FOR THE 09 CHILD; OR 10  (ii) ON VACATION AND THE CHILD, BECAUSE OF 11 AGE OR INFIRMITY, CANNOT BE PLACED IN ANY OTHER TYPE 12 OF TEMPORARY CARE FACILITY]; and 13  (3) may pay a subsidized guardianship payment under AS 25.23.210 14 when a foster child's foster parents or other persons approved by the department 15 become court-appointed legal guardians of the child. 16 * Sec. 51. AS 47.14.100(e) is amended to read: 17  (e) A child may not be placed in a foster home or in the care of an agency or 18 institution providing care for children if a [BLOOD] relative  by blood or marriage  19 [EXISTS WHO] requests  placement [CUSTODY] of the child  in the relative's home . 20 However, the department may retain custody of the child and provide for its placement 21 in the same manner as for other children if  the department 22  (1)  [IT] makes a determination, supported by clear and convincing 23 evidence, that  placement  [THE CUSTODY] of the child  with  [BY] the [BLOOD] 24 relative will result in physical or  mental injury; in  [EMOTIONAL DAMAGE. IN] 25 making that determination, poverty, including inadequate or crowded housing, on the 26 part of the blood relative, is not considered prima facie evidence that physical or 27 emotional damage to the child will occur ; this  [. THIS] determination may be appealed 28 to the superior court to hear the matter de novo ; 29   (2) determines that a member of the relative's household who is 12 30 years of age or older was the perpetrator in a substantiated report of abuse under 31 AS 47.17; or 01  (3) determines that a member of the relative's household who is 12 02 years of age or older is under arrest for, charged with, has been convicted of, or 03 has been found not guilty by reason of insanity of, a serious offense; 04 notwithstanding this paragraph, the department may place or continue the 05 placement of a child at the relative's home if the relative demonstrates to the 06 satisfaction of the department that conduct described in this paragraph occurred 07 at least five years before the intended placement and the conduct 08  (A) did not involve a victim who was under 18 year of age 09 at the time of the conduct; 10  (B) was not a crime of domestic violence as defined in 11 AS 18.66.990; and 12  (C) was not a violent crime under AS 11.41.100 - 11.41.455 13 or a law or ordinance of another jurisdiction having similar elements . 14 * Sec. 52. AS 47.14.100 is amended by adding new subsections 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 or guardian. 18  (j) For the purpose of determining whether the home of a relative meets the 19 requirements for placement of a child, the department shall conduct a criminal 20 background check from state and national criminal justice information available under 21 AS 12.62. The department may conduct a fingerprint background check on any 22 member of the relative's household who is 12 years of age or older when the relative 23 requests placement of the child. For the purposes of obtaining criminal justice 24 information under this subsection, the department is a criminal justice agency 25 conducting a criminal justice activity under AS 12.62. 26 * Sec. 53. AS 47.14 is amended by adding a new section to read: 27  Sec. 47.14.115. Training of foster parents. If the department has placed a 28 child in a foster home, the department shall, no less often than once quarterly, make 29 available training that will assist the foster parent or parents in providing care that will 30 meet the needs of the child placed in the home and the requirements established by the 31 department in regulation. 01 * Sec. 54. AS 47.14.240(d) is amended to read: 02  (d) In reviewing a case, the local review panel shall consider the case plan and 03 any progress report of the department or the child's guardian ad litem, court records, 04 and other relevant information about the child and the child's family. The local  review  05 panel shall provide to the following persons an opportunity to be interviewed by the 06 local review panel in person or by telephone or to provide written material to the local 07 review panel: 08  (1) the child whose case is being reviewed if the child is 10 years of age 09 or older; 10  (2) the parents, custodians, or other relatives of the child; 11  (3) the child's out-of-home care provider; 12  (4) the child's guardian; 13  (5) the child's guardian ad litem; 14  (6) the case worker or social worker assigned to the case; 15  (7)  the child's health care providers; 16  (8)  if the case is governed by 25 U.S.C. 1901 - 1963 (Indian Child 17 Welfare Act), 18  (A) the child's Indian custodian; and 19  (B) the designated representative of the child's Indian tribe if the 20 tribe has intervened in the court case; and 21   (9)  [(8)] other persons with a close personal knowledge of the case. 22 * Sec. 55. AS 47.14.240(h) is amended to read: 23  (h) The report required under (g) of this section must make advisory 24 recommendations based on the best interests of the child in accordance with 25 AS 47.10.082 and must include notification of the right to request court review under 26 AS 47.10.080(f). If the court has scheduled the case for review, the local review panel 27 shall submit its report at least 20 days before the hearing , and the department shall 28 present to the court the recommendations that are made in the report . 29 * Sec. 56. AS 47.14 is amended by adding a new section to read: 30 Article 3A. Multidisciplinary Child Protection Teams. 31  Sec. 47.14.300. Multidisciplinary child protection teams. (a) The 01 department shall create multidisciplinary child protection teams to assist in the 02 evaluation and investigation of reports made under AS 47.17 and to provide 03 consultation and coordination for agencies involved in child protection cases under 04 AS 47.10. 05  (b) A team created under (a) of this section may invite other persons to serve 06 on the team who have knowledge of and experience in child abuse and neglect matters. 07 These persons may include 08  (1) mental and physical health practitioners licensed under AS 08; 09  (2) child development specialists; 10  (3) educators; 11  (4) peace officers as defined in AS 11.81.900; 12  (5) victim counselors as defined in AS 18.66.250; 13  (6) experts in the assessment and treatment of substance abuse; 14  (7) representatives of the district attorney's office and the attorney 15 general's office; 16  (8) persons familiar with 25 U.S.C. 1901 - 1963 (Indian Child Welfare 17 Act); 18  (9) guardians ad litem; and 19  (10) staff members of a child advocacy center if a center is located in 20 the relevant area. 21  (c) A team created under (a) and (b) of this section shall review records on a 22 case referred to the team by the department. The department shall make available to 23 the team its records on the case and other records compiled for planning on the case 24 by other agencies at the request of the department. The team may make 25 recommendations to the department on appropriate planning for the case. 26  (d) Except for a public report issued by a team that does not contain 27 confidential information, records or other information collected by the team or a 28 member of the team related to duties under this section are confidential and not subject 29 to public disclosure under AS 09.25.100 and 09.25.110. 30  (e) Meetings of a team are closed to the public and are not subject to the 31 provisions of AS 44.62.310 and 44.62.312. 01  (f) The determinations, conclusions, and recommendations of a team or its 02 members are not admissible in a civil or criminal proceeding. A member may not be 03 compelled to disclose a determination, conclusion, recommendation, discussion, or 04 thought process through discovery or testimony in a civil or criminal proceeding. 05 Records and information collected by the team are not subject to discovery or subpoena 06 in connection with a civil or criminal proceeding. 07  (g) Notwithstanding (f) of this section, an employee of the department may 08 testify in a civil or criminal proceeding concerning cases reviewed by a team even 09 though the department's records were reviewed by a team and formed the basis of that 10 employee's testimony and the team's report. 11  (h) A person who serves on a multidisciplinary child protection team is not 12 liable for damage or other relief in an action brought by the reason of the performance 13 of a duty, a function, or an activity of the team. 14  (i) In this section, "team" means a multidisciplinary child protection team 15 created under (a) and (b) of this section. 16 * Sec. 57. AS 47.14.990(2) is amended to read: 17  (2) "child in need of aid" means a  child  [MINOR] found to be within 18 the jurisdiction of the court under  AS 47.10.010 and 47.10.011  [AS 47.10.010(a)]; 19 * Sec. 58. AS 47.14.990 is amended by adding new paragraphs to read: 20  (11) "criminal justice information" has the meaning given in 21 AS 12.62.900; 22  (12) "serious offense" has the meaning given in AS 12.62.900. 23 * Sec. 59. AS 47.17.020(a) is amended to read: 24  (a) The following persons who, in the performance of their occupational duties, 25  or with respect to (9) of this subsection, in the performance of their appointed 26 duties, have reasonable cause to suspect that a child has suffered harm as a result of 27 child abuse or neglect shall immediately report the harm to the nearest office of the 28 department: 29  (1) practitioners of the healing arts; 30  (2) school teachers and school administrative staff members of public 31 and private schools; 01  (3) social workers; 02  (4) peace officers [,] and officers of the Department of Corrections; 03  (5) administrative officers of institutions; 04  (6) child care providers; 05  (7) paid employees of domestic violence and sexual assault programs, 06 and crisis intervention and prevention programs as defined in AS 18.66.990; 07  (8) paid employees of an organization that provides counseling or 08 treatment to individuals seeking to control their use of drugs or alcohol ; 09  (9) members of a child fatality review team established under 10 AS 12.65.015(e) or 12.65.120 or the multidisciplinary child protection team created 11 under AS 47.14.300 . 12 * Sec. 60. AS 47.17.020 is amended by adding new subsections to read: 13  (h) This section does not require a person required to report child abuse or 14 neglect under (a)(7) of this section to report mental injury to a child as a result of 15 exposure to domestic violence so long as the person has reasonable cause to believe 16 that the child is in safe and appropriate care and not presently in danger of mental 17 injury as a result of exposure to domestic violence. 18  (i) This section does not require a person required to report child abuse or 19 neglect under (a)(8) of this section to report the resumption of use of an intoxicant as 20 described in AS 47.10.011(10) so long as the person does not have reasonable cause 21 to suspect that a child has suffered harm as a result of the resumption. 22 * Sec. 61. AS 47.17.030(d) is amended to read: 23  (d) Before the department or a local government health or social services 24 agency may seek the termination of parental rights under  AS 47.10  25 [AS 47.10.080(c)(3)], it shall offer protective social services and pursue all other 26 reasonable means of protecting the child. 27 * Sec. 62. AS 47.17 is amended by adding a new section to read: 28  Sec. 47.17.033. Investigations. (a) In investigating child abuse and neglect 29 reports under this chapter, the department may make necessary inquiries about the 30 criminal records of the parents or of the alleged abusive or neglectful person, including 31 inquiries about the existence of a criminal history record involving a serious offense as 01 defined in AS 12.62.900. 02  (b) For purposes of obtaining access to information needed to conduct the 03 inquiries required by (a) of this section, the department is a criminal justice agency 04 conducting a criminal justice activity. 05 * Sec. 63. AS 47.17.035(b) is amended to read: 06  (b) If the department determines in an investigation of abuse or neglect of a 07 child that 08  (1) the child is in danger because of domestic violence or that the child 09 needs protection as a result of the presence of domestic violence in the family, the 10 department shall take appropriate steps for the protection of the child;  in this 11 paragraph, "appropriate steps" includes 12  (A) reasonable efforts to protect the child and prevent the 13 removal of the child from the parent or guardian who is not a domestic 14 violence offender; 15  (B) reasonable efforts to remove the alleged domestic violence 16 offender from the child's residence if it is determined that the child or 17 another family or household member is in danger of domestic violence; and 18  (C) services to help protect the child from being placed or 19 having unsupervised visitation with the domestic violence offender until the 20 department determines that the offender has met conditions considered 21 necessary by the department to protect the safety of the domestic violence 22 victim and household members;  23  (2) a person is the victim of domestic violence, the department shall 24 provide the victim with a written notice of the rights of and services available to 25 victims of domestic violence that is substantially similar to the notice provided to 26 victims of domestic violence under AS 18.65.520. 27 * Sec. 64. AS 47.17.290(8) is amended to read: 28  (8) "maltreatment" means an act or omission that results in 29 circumstances in which there is reasonable cause to suspect that a child may be a child 30 in need of aid, as described in  AS 47.10.011 [AS 47.10.010(a)], except that, for 31 purposes of this chapter, the act or omission need not have been committed by the 01 child's parent, custodian, or guardian; 02 * Sec. 65. AS 47.17.290(9) is amended to read: 03  (9) "mental injury" means  a serious [AN] injury to the [EMOTIONAL 04 WELL-BEING, OR INTELLECTUAL OR PSYCHOLOGICAL CAPACITY OF A] 05 child [,] as evidenced by an observable and substantial impairment in the child's ability 06 to function in a developmentally appropriate manner  and the existence of that 07 impairment is supported by the opinion of a qualified expert witness ; 08 * Sec. 66. AS 47.35.017(b) is amended to read: 09  (b) An application submitted under this section must contain at least the 10 following information: 11  (1) the name and address of the applicant [,] and ,  if the applicant is an 12 agency, corporation, partnership, association, or any other form of organization, the 13 name, address, and title of  each individual  [ALL INDIVIDUALS] who  has  [HAVE] 14 an ownership or management interest in the facility;  if the applicant is an individual, 15 the application must include the name, age, and driver's license number, if any, 16 of each member of the individual's household;  17  (2) the name, physical location, and mailing address of the facility or 18 agency for which the license is sought; 19  (3) the name and address of the administrator of the facility or agency, 20 if any; 21  (4) evidence that the administrator or foster parent is an adult with 22 sufficient experience, training, or education to fulfill the duties of an administrator or 23 foster parent; 24  (5) a release for the administrator or foster parent and for each other 25 person  who is 16 years of age or older , as specified by the department by regulation, 26 who will have contact with individuals served by the facility or agency, authorizing the 27 department to review all federal, state, and municipal  criminal justice information, 28 whether of this state, of a municipality of this state, or of another jurisdiction 29 [LAW ENFORCEMENT], medical  records , licensing  records , and protective services 30 records, identified in regulations adopted under this chapter, that are relevant to the 31 person who is the subject of the release and to the type of license for which the 01 application has been submitted; 02  (6)  two sets of fingerprints and the social security number of each 03 person required to provide a release under (5) of this subsection in order for the 04 department to submit the fingerprints to the Department of Public Safety for the 05 purpose of conducting state and national criminal background checks from 06 criminal justice information received under AS 12.62 and regulations adopted 07 under AS 12.62; the department may not approve an application under this section 08 until the results of the criminal background check have been submitted to the 09 department; 10  (7) for a facility, the number of individuals that will be served in the 11 facility; 12   (8)  [(7)] the type of facility or agency for which the license is sought; 13   (9)  [(8)] copies of all inspection reports and approvals required by state 14 fire prevention and environmental health and safety authorities for operation of the 15 facility or agency, including any variances granted by these authorities; 16   (10)  [(9)] a plan of operation, as required by the department by 17 regulation; 18   (11)  [(10)] a staffing plan that describes the number of people who will 19 work at the facility or agency, staff qualifications, a description of each person's 20 responsibilities, and, for a facility other than a maternity home, a supervision schedule 21 for the children in care that meets the requirements established by the department by 22 regulation; 23   (12) evidence that the applicant is capable of meeting the minimum 24 standards of care established by the department under AS 47.14.120; 25  (13)  [(11)] evidence that the applicant has completed orientation or 26 training required by the department, by regulation, for holders of the type of license for 27 which the application was submitted; and 28   (14)  [(12)] other information required by the department, by regulation, 29 in order to monitor compliance with this chapter and regulations adopted under this 30 chapter. 31 * Sec. 67. AS 47.35 is amended by adding a new section to read: 01  Sec. 47.35.022. Foster care placement. (a) Except as provided in (b) of this 02 section, the department may not place or continue placement of a child for care for 03 payment under AS 47.10 in a foster home that is licensed under this chapter if the 04 department finds that a person for whom fingerprints are required to be submitted for 05 licensure of the foster home is currently under arrest for, charged with, or has been 06 convicted of, or found not guilty by reason of insanity of, a serious offense. 07  (b) Notwithstanding (a) of this section, the department may place or continue 08 a placement for foster care if the applicant or licensee demonstrates to the satisfaction 09 of the department that the applicant, licensee, or other person committed the conduct 10 described in (a) of this section at least five years before the placement, and the conduct 11  (1) did not involve a victim who was under 18 years of age at the time 12 the conduct occurred; 13  (2) was not a crime of domestic violence as defined in AS 18.66.990; 14 and 15  (3) was not a violent crime under AS 11.41.100 - 11.41.455 or a law 16 or an ordinance of another jurisdiction having similar elements. 17  (c) The department shall develop procedures for rechecking criminal justice 18 information records for the information described in (a) of this section for persons who 19 are 16 years of age or older who are living in a licensed foster home with access to 20 children placed by the department. 21 * Sec. 68. AS 47.35.023(b) is repealed and reenacted to read: 22  (b) Notwithstanding (a) of this section, if an emergency exists and a child must 23 be immediately placed, the department or the department's designee may issue a 24 provisional foster home license on an emergency basis for a period of 90 days or less 25 if the department or the department's designee determines that the applicant meets 26 minimal requirements for emergency conditions and the applicant agrees in writing to 27 provide the fingerprint information described in AS 47.35.017(b) within 30 days of the 28 placement of a child in the foster home. The department may extend a provisional 29 foster home license issued under this subsection for one or two additional periods of 30 up to 90 days each in order to obtain the information from the national criminal 31 background check required under AS 47.35.017(b)(6). The department may not issue 01 a license under this subsection before checking state and national criminal justice 02 information available to the department under AS 12.62 and regulations adopted under 03 AS 12.62 about the administrator or foster parent and each person who is 16 years of 04 age or older in the foster home who will have contact with the child. If the department 05 cannot obtain direct access to the state and federal criminal justice information, the 06 department shall request the agency having primary law enforcement responsibility for 07 the geographic area in which the prospective foster home is located to obtain the 08 information and provide it to the department before the license is issued under this 09 section. If the criminal justice information readily available to the department shows 10 an offense which a person would be required to notify the department under 11 AS 47.35.047(b), the department may not issue the license under this subsection. If the 12 additional criminal justice information available from the fingerprint search or another 13 source after the license is issued reveals that the person has a record for one or more 14 of these offenses, the department shall immediately revoke the license and move the 15 child to an appropriate placement. For purposes of obtaining criminal justice 16 information under this subsection, the department is a criminal justice agency 17 conducting a criminal justice activity under AS 12.62. 18 * Sec. 69. AS 47.35.047(b) is amended to read: 19  (b) A licensee shall notify the department within 24 hours after having 20 knowledge of a conviction or indictment, presentment, or charging by information or 21 complaint of an administrator, foster parent, member of the licensee's household, regular 22 volunteer, or staff person for a  violation of the following laws or the laws of another 23 jurisdiction with similar elements: 24  (1) offenses against the family and vulnerable adults under 25 AS 11.51; 26  (2) perjury under AS 11.56.200; 27  (3) offenses included in the definition of "serious offense" under 28 AS 12.62.900 [FELONY, FOR A MISDEMEANOR CRIME OF ASSAULT, 29 RECKLESS ENDANGERMENT, CONTRIBUTING TO THE DELINQUENCY OF A 30 MINOR, OR MISCONDUCT INVOLVING A CONTROLLED SUBSTANCE, FOR 31 THE CRIME OF PERJURY, AS DEFINED IN AS 11 OR THE LAWS OF ANOTHER 01 JURISDICTION, OR FOR A SEX CRIME AS DEFINED IN AS 12.62.035]. 02 * Sec. 70. AS 47.35.900 is amended by adding new paragraphs to read: 03  (20) "criminal justice information" has the meaning given in 04 AS 12.62.900; 05  (21) "domestic violence" has the meaning given in AS 18.66.990; 06  (22) "serious offense" has the meaning given in AS 12.62.900. 07 * Sec. 71. AS 47.10.080(k) and 47.10.990(7) are repealed. 08 * Sec. 72. COURT RULE CHANGE. (a) AS 47.10.030(b) and 47.10.070(a), as amended 09 by secs. 23 and 25 of this Act, have the effect of amending Rules 3, 7, 10, 15, and 19, Alaska 10 Child in Need of Aid Rules, by requiring foster parents and other specified persons to have 11 notice and allowing them an opportunity to be heard in child-in-need-of-aid proceedings. 12 (b) Sections 23 and 25 of this Act take effect only if this section receives the two- 13 thirds majority vote of each house required by art. IV, sec. 15, Constitution of the State of 14 Alaska. 15 * Sec. 73. COURT RULE CHANGE. (a) AS 47.10.080(a), as amended by sec. 26 of this 16 Act, has the effect of amending Rule 15, Alaska Child in Need of Aid Rules, by establishing 17 a timeframe for an adjudication hearing under AS 47.10. 18 (b) Section 26 of this Act takes effect only if this section receives the two-thirds 19 majority vote of each house required by art. IV, sec. 15, Constitution of the State of Alaska. 20 * Sec. 74. COURT RULE CHANGE. (a) AS 47.10.080(c)(3), as amended by sec. 27 of 21 this Act, has the effect of amending 22 (1) Rule 18(c), Alaska Child in Need of Aid Rules, by changing the burden of 23 proof for termination of parental rights; and 24 (2) Rule 18(e), Alaska Child in Need of Aid Rules, by requiring the Department 25 of Health and Social Services to report quarterly, instead of annually, on its efforts to find a 26 permanent placement for a child. 27 (b) The amendments made to AS 47.10.080(c)(3) by sec. 27 of this Act that change 28 the burden of proof for termination of parental rights and require quarterly reports take effect 29 only if this section receives the two-thirds majority vote of each house required by art. IV, 30 sec. 15, Constitution of the State of Alaska. 31 * Sec. 75. COURT RULE CHANGE. (a) To the extent that AS 47.10.080(c)(1) and (2) 01 are amended by sec. 27 of this Act to allow a child's guardian ad litem to petition for an 02 extension of the child's commitment or supervision, those provisions amend Rule 19(e), Alaska 03 Child in Need of Aid Rules, relating to petitions for extensions of commitment or supervision 04 of a child. 05 (b) The amendments described in (a) of this section take effect only if this section 06 receives the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution 07 of the State of Alaska. 08 * Sec. 76. COURT RULE CHANGE; EXPEDITED APPEALS. (a) AS 47.10.080(i), as 09 amended by sec. 29 of this Act, has the effect of amending Rule 218, Alaska Rules of 10 Appellate Procedure, by requiring that expedited appeals from a judgment or an order under 11 AS 47.10 be decided within a fixed timeframe. 12 (b) Section 29 of this Act takes effect only if this section receives the two-thirds 13 majority vote of each house required by art. IV, sec. 15, Constitution of the State of Alaska. 14 * Sec. 77. COURT RULE CHANGE. (a) AS 47.10.080(f), as amended by sec. 28 of this 15 Act, and AS 47.10.080(l), as amended by sec. 30 of this Act, have the effect of amending Rule 16 19, Alaska Child in Need of Aid Rules, regarding reviews and hearings by the court in child- 17 in-need-of-aid proceedings. 18 (b) Sections 28 and 30 of this Act take effect only if this section receives the two- 19 thirds majority vote of each house required by art. IV, sec. 15, Constitution of the State of 20 Alaska. 21 * Sec. 78. COURT RULE CHANGE. (a) AS 47.10.086, enacted in sec. 35 of this Act, 22 has the effect of amending 23 (1) Rule 15, Alaska Child in Need of Aid Rules, regarding timing of hearings; 24 and 25 (2) Rule 15(g), Alaska Child in Need of Aid Rules, regarding the standards for 26 reasonable efforts to be made in child-in-need-of-aid proceedings. 27 (b) AS 47.10.086, enacted in sec. 35 of this Act, takes effect only if this section 28 receives the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution 29 of the State of Alaska. 30 * Sec. 79. COURT RULE CHANGE. (a) AS 47.10.088(j) and (k), enacted in sec. 35 of 31 this Act, have the effect of changing Rule 18, Alaska Child in Need of Aid Rules, by requiring 01 the court to 02 (1) hold a termination of parental rights trial no later than six months from the 03 date the petition is filed unless good cause is shown; and 04 (2) issue an order on the petition to terminate parental rights and responsibilities 05 within a specified timeframe. 06 (b) AS 47.10.088(j) and (k), enacted in sec. 35 of this Act, take effect only if this 07 section receives the two-thirds majority vote of each house required by art. IV, sec. 15, 08 Constitution of the State of Alaska. 09 * Sec. 80. COURT RULE CHANGE. (a) AS 47.10.090(e), as amended by sec. 36 of this 10 Act, and AS 47.10.092(a), as amended by sec. 37 of this Act, amend Rule 22, Alaska Child 11 in Need of Aid Rules, regarding access to, and disclosure of, confidential information 12 pertaining to child-in-need-of-aid proceedings. 13 (b) Sections 36 and 37 of this Act take effect only if this section receives the two- 14 thirds majority vote of each house required by art. IV, sec. 15, Constitution of the State of 15 Alaska. 16  * Sec. 81. APPLICABILITY. (a) The amendments made in secs. 3 - 7 of this Act apply 17 to offenses committed on or after the effective date of this Act, except that references in secs. 18 3 - 7 of this Act to previous convictions include convictions occurring before, on, or after the 19 effective date of this Act. 20 (b) Except as provided in secs. 82 and 83 of this Act and (a) of this section, this Act 21 applies to 22 (1) a case or proceeding that is filed with the court on or after the effective date 23 of this Act; 24 (2) an action taken under AS 47.10, AS 47.12, AS 47.17, or AS 47.35 on or 25 after the effective date of this Act; and 26 (3) a motion that is filed with the court on or after the effective date of this Act 27 in a case or proceeding that was pending in the court before the effective date of this Act. 28 (c) The provisions of (b) of this section do not preclude consideration of evidence of 29 conduct or omission of a person that brings a child under the jurisdiction of AS 47.10 or 30 AS 47.12.  31 * Sec. 82. TRANSITIONAL PROVISION; FOSTER CARE LICENSING. (a) Unless the 01 information has been previously submitted to the Department of Health and Social Services, 02 an application for biennial renewal of a foster care license under AS 47.35 must include the 03 information required under AS 47.35.017(b), as amended by sec. 66 of this Act. 04 (b) The Department of Health and Social Services may require, as a condition of 05 continued licensure, that a foster care licensee under AS 47.35 submit the additional 06 information required under AS 47.35.017(b), as amended by sec. 66 of this Act, before the 07 licensee is required to submit the additional information under (a) of this section. 08 * Sec. 83. TRANSITIONAL PROVISION; DISCLOSURE OF AGENCY RECORDS. (a) 09 The Department of Health and Social Services may disclose information and make copies of 10 documents available to state officials or employees as authorized under AS 47.10.092(a), as 11 amended by sec. 37 of this Act, based on an appropriate request that was received before, on, 12 or after the effective date of this Act. 13 (b) The Department of Health and Social Services, a parent, or a legal guardian may 14 disclose information as authorized under AS 47.10.092(a), as amended by sec. 37 of this Act, 15 regardless of when the information came into the possession or knowledge of the department, 16 parent, or legal guardian and regardless of when the conduct or situation described in the 17 information occurred.