00 CS FOR HOUSE BILL NO. 180(HES) 01 "An Act relating to persons who provide services related to children; establishing a 02 legislative task force on child services; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04  * Section 1. AS 47.35.010(a) is amended to read: 05 (a) The department may 06 (1) license and supervise foster homes, residential child care facilities, 07 semi-secure residential child care facilities, secure residential psychiatric treatment 08 centers, child placement agencies, and maternity homes; 09 (2) investigate applicants, licensees, and persons that the department 10 reasonably believes are operating a facility without a license in violation of this 11 chapter; 12 (3) adopt regulations to implement the provisions of this chapter, 13 including regulations establishing licensure and renewal procedures, standards, and 14 fees; establishing requirements for operation of facilities or agencies licensed under 01 this chapter; and distinguishing between types of facilities; 02 (4) enter into agreements with private entities, municipalities, or 03 individuals to investigate and make recommendations to the department for the 04 licensing and supervision of foster homes, residential child care facilities, semi-secure 05 residential child care facilities, secure residential psychiatric treatment centers, child 06 placement agencies, and maternity homes under procedures and standards of operation 07 established by the department; 08 (5) accept licenses issued by other organizations or state agencies  09 that have licensing authority under federal or state law for the facilities listed in  10 (1) of this subsection. 11  * Sec. 2. AS 47.35.015 is amended by adding a new subsection to read: 12 (h) A person, including a school district, may not provide domiciliary services 13 to students as a charter school, state boarding school, or public school unless that 14 school is licensed as a residential child care facility under this chapter. 15  * Sec. 3. AS 47.35 is amended by adding a new section to read: 16 Sec. 47.35.019. Mandatory denial of initial license. (a) The department 17 may not issue an initial license under this chapter if the applicant for the license who is 18 a natural person or a person who is required to submit a release under 19 AS 47.35.017(b)(5) in connection with a license has been previously convicted of any 20 of the following crimes or of violating a law or ordinance of this or another 21 jurisdiction with similar elements, or of an attempt, solicitation, or conspiracy to 22 commit any of the following crimes or to violate a law or ordinance of this or another 23 jurisdiction with similar elements: 24 (1) a crime involving domestic violence, as defined in AS 18.66.990, 25 that is a felony under AS 11; 26 (2) a crime that is an offense against the person under AS 11.41 and is 27 a felony under AS 11, except for a crime committed under AS 11.41.200 - 11.41.220 28 or 11.41.260; 29 (3) a crime that is a felony and involves a victim who was a child 30 under 18 years of age at the time of the conduct, including a crime where the 31 perpetrator was a person responsible for the child's welfare; in this paragraph, "person 01 responsible for the child's welfare" has the meaning given in AS 47.17.290; 02 (4) a crime that is arson under AS 11.46.400 or 11.46.410. 03 (b) The department may not issue an initial license under this chapter if the 04 applicant for the license who is a natural person or a person who is required to submit 05 a release under AS 47.35.017(b)(5) in connection with a license has been previously 06 convicted, within the five-year period immediately preceding the application, of any of 07 the following crimes or of violating a law or ordinance of this or another jurisdiction 08 with similar elements, or of an attempt, solicitation, or conspiracy to commit any of 09 the following crimes or to violate a law or ordinance of this or another jurisdiction 10 with similar elements: 11 (1) an assault that is a felony under AS 11.41.200 - 11.41.220; 12 (2) stalking under AS 11.41.260; 13 (3) a crime of misconduct involving controlled substances under 14 AS 11.71.010 - 11.71.060; 15 (4) a crime involving imitation controlled substances under 16 AS 11.73.010 - 11.73.040. 17 (c) In addition to the standards for denying an application or not issuing or 18 renewing a license under (a) and (b) of this section, the department may not issue an 19 initial license under this chapter if the applicant for the license who is a natural person 20 or a person who is required to submit a release under AS 47.35.017(b)(5) in 21 connection with the license 22 (1) has been found by a court or agency of this or another jurisdiction 23 to have neglected or abused a child as specified by the department in regulation; or 24 (2) is under investigation or arrest for, charged by information or 25 complaint with, or under indictment or presentment for a crime listed in (a) or (b) of 26 this section or is under investigation for, or is the respondent in a civil proceeding 27 related to, the neglect or abuse of a child, unless the department finds that issuing the 28 license does not pose a threat to the department's ability to ensure the health, safety, or 29 welfare of children receiving care under this chapter. 30  * Sec. 4. AS 47.35 is amended by adding a new section to read: 31 Sec. 47.35.021. Discretionary denial of initial license. Regardless of 01 whether the applicant for licensure has met all of the other requirements under this 02 chapter and regulations adopted under this chapter, the department may refuse to issue 03 an initial license under this chapter if the applicant for the license who is a natural 04 person or a person who is required to submit a release under AS 47.35.017(b)(5) in 05 connection with the license has been convicted, within the five-year period 06 immediately preceding the date of the application, of any of the following offenses or 07 of violating a law or ordinance of this or another jurisdiction with similar elements, or 08 of an attempt, solicitation, or conspiracy to commit any of the following offenses or to 09 violate a law or ordinance of this or another jurisdiction with similar elements: 10 (1) a crime involving domestic violence, as defined in AS 18.66.990, 11 that is a misdemeanor under AS 11; 12 (2) assault in the fourth degree under AS 11.41.230; 13 (3) contributing to the delinquency of a minor under AS 11.51.130; 14 (4) endangering the welfare of a child in the second degree under 15 AS 11.51.110; 16 (5) a serious offense as defined in AS 12.62.900, except for an offense 17 included in AS 47.35.019; 18 (6) a crime concerning operating certain vehicles, aircraft, or 19 watercraft while intoxicated under AS 28.33.030, 28.33.031, AS 28.35.030, 20 28.35.031, and 28.35.032. 21  * Sec. 5. AS 47.35.022(a) is repealed and reenacted to read: 22 (a) The department may not place or continue placement of a child for care for 23 placement under AS 47.10 in a foster home that is licensed under this chapter if the 24 licensee who is a natural person or a person who is required to submit a release under 25 AS 47.35.017(b)(5) in connection with a license has a conviction for an offense listed 26 in AS 47.35.019(a) or has been found by the court to have neglected or abused a child 27 under AS 47.35.019(c)(1). 28  * Sec. 6. AS 47.35.022(b) is repealed and reenacted to read: 29 (b) The department may not place or continue a placement of a child for foster 30 care if the applicant who is a natural person or a person who is required to submit a 31 release under AS 47.35.017(b)(5) has been previously convicted within a five-year 01 period immediately preceding the application for an offense described in 02 AS 47.35.019(b) or is in a situation described in AS 47.35.019(c)(2) unless the 03 applicant demonstrates to the satisfaction of the department that the placement or 04 continued placement does not pose a threat to the department's ability to ensure the 05 health, safety, or welfare of the children receiving care under this chapter. 06  * Sec. 7. AS 47.35.023(b) is amended to read: 07 (b) Notwithstanding (a) of this section, if an emergency exists and a child 08 must be immediately placed, the department [OR THE DEPARTMENT'S 09 DESIGNEE] may issue a provisional foster home license on an emergency basis for a 10 period of 90 days or less if the department [OR THE DEPARTMENT'S DESIGNEE] 11 determines that the applicant meets minimal requirements for emergency conditions 12 and the applicant agrees in writing to provide the fingerprint information described in 13 AS 47.35.017(b) within 30 days after [OF] the placement of a child in the foster 14 home. The department may extend a provisional foster home license issued under this 15 subsection for one or two additional periods of up to 90 days each in order to obtain 16 the information from the national criminal background check required under 17 AS 47.35.017(b)(6). The department may not issue a license under this subsection 18 before checking state [AND NATIONAL] criminal justice information available to the 19 department under AS 12.62 and regulations adopted under AS 12.62 about the 20 administrator or foster parent and each person who is 16 years of age or older in the 21 foster home who will have contact with the child. If the department cannot obtain 22 direct access to the state [AND FEDERAL] criminal justice information, the 23 department shall request the agency having primary law enforcement responsibility for 24 the geographic area in which the prospective foster home is located to obtain the 25 information and provide it to the department before the license is issued under this 26 section. If the criminal justice information readily available to the department shows 27 an offense about which a person would be required to notify the department under 28 AS 47.35.047(b), the department may not issue the license under this subsection. If 29 the additional criminal justice information [AVAILABLE FROM THE 30 FINGERPRINT SEARCH OR ANOTHER SOURCE AFTER THE LICENSE IS 31 ISSUED] reveals that the person has a record for an offense listed in AS 47.35.019(a)  01 or (b) or is in a situation described in AS 47.35.019(c) [ONE OR MORE OF 02 THESE OFFENSES], the department shall immediately revoke the license and move 03 the child to an appropriate placement. The department may revoke the license and  04 move the child to an appropriate placement if the criminal justice information  05 available from the fingerprint search or another source after the license is issued  06 reveals that the person has a record for an offense listed in AS 47.35.021. For 07 purposes of obtaining criminal justice information under this subsection, the 08 department is a criminal justice agency conducting a criminal justice activity under 09 AS 12.62. 10  * Sec. 8. AS 47.35.023(d) is amended to read: 11 (d) Before expiration of a provisional license, the department shall issue a 12 biennial license for the facility or agency if (1) after inspection and investigation under 13 (c) of this section, the department finds that the facility or agency is operating in 14 compliance with, and meets the licensure requirements of, this chapter and regulations 15 adopted under this chapter; (2) a [THE] ground for revocation or suspension set out 16 in AS 47.35.130(a) or (b) [AS 47.35.130(a)(2)] does not exist; and (3) all applicable 17 fees have been paid. The department shall prepare a summary report of its findings 18 and recommendations for issuance of a biennial license. 19  * Sec. 9. AS 47.35.027 is amended by adding a new subsection to read: 20 (f) Notwithstanding (a) - (e) of this section, the department may not grant a 21 variance if the criminal record review indicates that the licensee or a person required 22 to provide a release under AS 47.35.017(b)(5) has a conviction for an offense listed in 23 AS 47.35.019(a) or (b). 24  * Sec. 10. AS 47.35.045(c) is amended to read: 25 (c) The department shall renew a biennial license if the department finds that 26 (1) the licensee 27 (A) either is in compliance with this chapter and regulations 28 adopted under this chapter or is substantially in compliance and has 29 implemented a plan of correction, approved by the department, that is designed 30 to bring the facility or agency into full compliance; and 31 (B) has maintained the facility or agency in good repair and is 01 in compliance with all state fire safety and environmental health and safety 02 code requirements; 03 (2) a [THE] ground for revocation or suspension set out in 04 AS 47.35.130(a) or (b) [AS 47.35.130(a)(2)] does not exist; and 05 (3) all applicable fees have been paid. 06  * Sec. 11. AS 47.35.047(b) is repealed and reenacted to read: 07 (b) A licensee shall notify the department within 24 hours after having 08 knowledge that an administrator, foster parent, member of the licensee's household, 09 regular volunteer, or staff person has been 10 (1) convicted of, or is or has been under investigation or arrest for, has 11 been charged by information or complaint with, or is under indictment or presentment 12 for any offense listed in AS 47.35.019, 47.35.021, or a law or ordinance of this or 13 another jurisdiction with similar elements; or 14 (2) found to have neglected or abused a child as described in 15 AS 47.35.019(c)(1). 16  * Sec. 12. AS 47.35.130 is repealed and reenacted to read: 17 Sec. 47.35.130. Grounds for a license suspension, revocation, or  18 nonrenewal. (a) Except as provided in AS 47.35.140, the department shall revoke or 19 decline to renew a license issued under this chapter if the criminal record review of the 20 licensee who is a natural person or a person who is required to submit a release under 21 AS 47.35.017(b)(5) reveals a conviction for an offense listed in AS 47.35.019(a) or 22 (b). 23 (b) The department shall suspend a license issued under this chapter during 24 any period of time that the licensee who is a natural person or a person who is required 25 to submit a release under AS 47.35.017(b)(5) in connection with the license is under 26 investigation or arrest for, charged by information or complaint with, or under 27 indictment or presentment for a crime listed in AS 47.35.019(a) or (b) or is under 28 investigation for, or the respondent in a civil proceeding related to, the neglect or 29 abuse of a child, unless the department finds that not suspending the license does not 30 pose a threat to the department's ability to ensure the health, safety, or welfare of the 31 children receiving care under this chapter. 01 (c) The department may revoke, or decline to renew, a license issued under 02 this chapter on one or more of the following grounds: 03 (1) failure to submit a timely and complete renewal application; 04 (2) obtaining or attempting to obtain or retain a license under this 05 chapter by fraudulent means, by misrepresentation, or by submitting false information; 06 (3) failure to correct a violation noted in a report of investigation 07 provided under AS 47.35.105(c) or 47.35.110(b); 08 (4) failure to comply with a final administrative order issued by the 09 department under AS 47.35.120. 10 (5) if the licensee who is a natural person or a person required to 11 submit a release under AS 47.35.017(b)(5) has been the subject of, is under 12 investigation for, or is the respondent in a civil proceeding regarding the abuse or 13 neglect of a child; 14 (6) violation of this chapter or a regulation adopted under this chapter. 15 (d) A licensee may voluntarily relinquish the license or withdraw an 16 application for renewal. 17  * Sec. 13. AS 47.35 is amended by adding a new section to read: 18 Sec. 47.35.140. Exception for continued operation. Notwithstanding any 19 other provision of this chapter, the department may allow a person licensed under this 20 chapter, other than as a provisional licensee under AS 47.35.023, to continue operating 21 if an employee of that facility or other agency who is required to submit a release 22 under AS 47.35.017(b)(5) discloses an offense under AS 47.35.019 or 47.35.021 if the 23 facility or agency takes immediate action to ensure the health, safety, and welfare of 24 the children residing at that facility or other agency, including notice to the department 25 and removing the person with the conviction described in AS 47.35.019 or 47.35.021 26 from contact with children at the facility or other agency. 27  * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 28 read: 29 TASK FORCE ON CHILD SERVICES. (a) There is established in the legislative 30 branch the Task Force on Child Services to focus on public and governmental concerns about 31 whether there are sufficient criminal background checks conducted before individuals are 01 allowed to perform services relating to children. 02 (b) The task force shall be chaired by the chair of the Administrative Regulation 03 Review Committee, who shall be a voting member of the task force. The Speaker of the 04 House of Representatives shall appoint two additional members of the House as voting 05 members. The President of the Senate shall appoint two members of the Senate as voting 06 members. The chair shall appoint four members of the public who are child service providers 07 to be the other voting members of the task force. The commissioners of public safety, health 08 and social services, community and economic development, and education and early 09 development, or their designees, may serve on the task force as nonvoting members. The 10 public members of the task force shall serve without compensation but are entitled to per diem 11 and travel expenses authorized for boards and commissions under AS 39.20.180. 12 (c) The task force 13 (1) may begin work immediately upon the appointment of its full voting 14 membership and shall meet as frequently as the task force determines necessary to perform its 15 work; 16 (2) shall hold public hearings and may perform research related to its work; 17 (3) may meet during the interim and vote by teleconference; 18 (4) shall report its written findings and give a copy of its proposed legislation 19 and other recommendations to the legislature by January 21, 2003; and 20 (5) is terminated upon the convening of the First Regular Session of the 21 Twenty-Third Alaska State Legislature. 22  * Sec. 15. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 TRANSITIONAL PROVISION; REGULATIONS. The Department of Health and 25 Social Services may begin the process of developing and adopting regulations to implement 26 this Act. A regulation adopted under this section takes effect under AS 44.62 (Administrative 27 Procedure Act) but not before July 1, 2002. 28  * Sec. 16. Sections 1 - 13 of this Act take effect July 1, 2002. 29  * Sec. 17.  Sections 14 and 15 of this Act take effect immediately under AS 01.10.070(c).