00 HOUSE BILL NO. 53 01 "An Act relating to child-in-need-of-aid proceedings; amending the construction of 02 statutes pertaining to children in need of aid; relating to a duty and standard of care for 03 services to children and families; amending court hearing procedures to allow public 04 attendance at child-in-need-of-aid proceedings; establishing a right to a trial by jury in 05 termination of parental rights proceedings; reestablishing and relating to state and local 06 citizens' review panels for certain child custody matters; amending the duty to disclose 07 information pertaining to a child in need of aid; establishing a distribution age for 08 permanent fund dividends held in trust for a child committed to the custody of the 09 Department of Health and Social Services; mandating reporting of the medication of 10 children in state custody; prescribing the rights of grandparents related to child-in- 11 need-of-aid cases and establishing a grandparent priority for adoption in certain child- 12 in-need-of-aid cases; modifying adoption and placement procedures in certain child-in- 01 need-of-aid cases; amending treatment service requirements for parents involved in 02 child-in-need-of-aid proceedings; amending Rules 3 and 18, Alaska Child in Need of Aid 03 Rules of Procedure; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05  * Section 1. AS 25.23 is amended by adding a new section to read: 06 Sec. 25.23.127. Grandparent's preference to adopt. Notwithstanding a 07 child's stated preference under AS 25.23.125 and 25.23.040(a)(5), a grandparent who 08 has had physical custody of a child for at least two consecutive years when the 09 parental rights to the child have been terminated under AS 47.10.080(c)(3), shall be 10 permitted to adopt the child before any other person upon the filing of a petition by the 11 grandparent under AS 25.23.080 unless the court finds that the grandparent is not fit to 12 raise the child. 13  * Sec. 2. AS 47.10.005 is amended to read: 14 Sec. 47.10.005. Construction. The provisions of this chapter shall be 15 liberally construed to 16 (1) achieve the end that a child coming within the jurisdiction of the 17 court under this chapter may receive the care, guidance, treatment, and control that 18 will promote the child's welfare;  19 (2) recognize that a parent possesses inherent individual rights to  20 direct and control the education and upbringing of the parent's child;  21 (3) promote and protect the safety, welfare, health, and good of  22 children, grandparents, and relatives living in the state;  23 (4) benefit future generations;  24 (5) bring fairness and equality to biological family members and  25 children in the state; and  26 (6) recognize that a parent is held to a standard of care and that  27 the state must be held to the same standard. 28  * Sec. 3. AS 47.10 is amended by adding a new section to read: 29 Sec. 47.10.025. Biological grandparent's rights.  (a) A biological 30 grandparent of a child who has been adjudicated a child in need of aid under this 01 chapter may initiate special proceedings by filing a petition to obtain custody of the 02 child if 03 (1) one or both of the child's parents are dead; and 04 (2) the child has been abandoned by a remaining parent. 05 (b) In a proceeding initiated under (a) of this section, the court shall presume 06 that awarding custody to a biological grandparent is in the best interest of the child. A 07 presumption under this subsection may be overcome by evidence of abuse, neglect, or 08 other harm to the child attributable to the biological grandparent. 09 (c) The department shall attempt to locate all living biological grandparents of 10 a child and to investigate the biological grandparent's ability to care for the child 11 before placing the child or approving an adoption of the child under this chapter. The 12 department shall provide written notice to all identified biological grandparents of 13 their rights under this chapter and of the procedures necessary to gain custody of the 14 child. The biological grandparents shall sign a receipt of the notice and, if the 15 biological grandparent is competent, state that the biological grandparent understands 16 the biological grandparent's right to initiate proceedings to gain custody of the child 17 and either intends or declines to proceed. 18  * Sec. 4. AS 47.10 is amended by adding a new section to read: 19 Sec. 47.10.065. Right to demand jury trial in certain cases. A party has the 20 right to demand a jury trial for a hearing under this chapter on a petition to terminate 21 parental rights. If a hearing to adjudicate whether a child is a child in need of aid 22 under AS 47.10.011 is consolidated with a hearing on a petition to terminate parental 23 rights, the right to a jury trial under this section applies only to the issue of whether 24 parental rights should be terminated after the court enters a finding under 25 AS 47.10.080(a). In this section, "party" has the meaning given in Rule 2, Alaska 26 Child in Need of Aid Rules of Procedure. 27  * Sec. 5. AS 47.10.070(a) is amended to read: 28 (a) The court may conduct the hearing on the petition in an informal manner. 29 The court shall give notice of the hearing to the department, and it may send a 30 representative to the hearing. The court shall also transmit a copy of the petition to the 31 department. The department shall send notice of the hearing to the persons for whom 01 notice is required under AS 47.10.030(b) and to each grandparent of the child entitled 02 to notice under AS 47.10.030(d). The department and the persons to whom the 03 department must send notice of the hearing are entitled to be heard at the hearing. 04 However, the court may limit the presence of the foster parent or other out-of-home 05 care provider and of any grandparent of the child to the time during which the person's 06 testimony is being given if it is (1) in the best interest of the child; or (2) necessary to 07 protect the privacy interests of the parties and will not be detrimental to the child. The 08 [PUBLIC SHALL BE EXCLUDED FROM THE HEARING, BUT THE] court, in its 09 discretion, may exclude other [PERMIT] individuals from [TO ATTEND] a hearing 10 if their attendance is not compatible with the best interests of the child. 11  * Sec. 6. AS 47.10.070 is amended by adding new subsections to read: 12 (c) The right of a grandparent to attend hearings under (a) of this section does 13 not affect the right of a grandparent to intervene in a proceeding under this chapter. 14 (d) Nothing contained in this section limits the rights of grandparents under 15 this title. 16  * Sec. 7. AS 47.10.080(c) is amended to read: 17 (c) If the court finds that the child is a child in need of aid, the court shall 18 (1) order the child committed to the department for placement in an 19 appropriate setting for a period of time not to exceed two years or in any event not to  20 extend past the date the child becomes 19 years of age, except that the department or 21 the child's guardian ad litem may petition for and the court may grant in a hearing 22 (A) one-year extensions of commitment that do not extend 23 beyond the child's 19th birthday if the extension is in the best interests of the 24 child; and 25 (B) an additional one-year period of state custody past [AGE] 26 19 years of age if the continued state custody is in the best interests of the 27 person and the person consents to it; 28 (2) order the child released to a parent, relative, or guardian of the 29 child or to another suitable person, and, in appropriate cases, order the parent, relative, 30 guardian, or other person to provide medical or other care and treatment; if the court 31 releases the child, it shall direct the department to supervise the care and treatment 01 given to the child, but the court may dispense with the department's supervision if the 02 court finds that the adult to whom the child is released will adequately care for the 03 child without supervision; the department's supervision may not exceed two years or 04 in any event extend past the date the child reaches [AGE] 19 years of age, except that 05 the department or the child's guardian ad litem may petition for and the court may 06 grant in a hearing 07 (A) one-year extensions of supervision that do not extend 08 beyond the child's 19th birthday if the extensions are in the best interests of the 09 child; and 10 (B) an additional one-year period of supervision past age 19 if 11 the continued supervision is in the best interests of the person and the person 12 consents to it; or 13 (3) unless a jury trial has been requested by a party, order, under 14 the grounds specified in (o) of this section or AS 47.10.088, the termination of 15 parental rights and responsibilities of one or both parents and commit the child to the 16 custody of the department, and the department shall report quarterly to the court on 17 efforts being made to find a permanent placement for the child; if a jury trial has  18 been requested by a party, the court shall conduct a jury trial on the termination  19 of parental rights under this section. 20  * Sec. 8. AS 47.10.080 is amended by adding new subsections to read: 21 (t) The court may not terminate parental rights solely on the basis that the 22 parent did not complete treatment required of the parent by the department for 23 reunification with the child if the parent can show, by a preponderance of the 24 evidence, that the treatment required was unavailable to the parent and the department 25 did not provide the treatment. 26 (u) A child may not be placed in a foster home known to the department as a 27 home requesting adoption of a child before 28 (1) 30 days after the date of the first permanency hearing; 29 (2) the decision of the department is made to seek termination of 30 parental rights; and 31 (3) the court approves of the placement after a hearing. 01 (v) Within 60 days after the date a child is removed from the child's home by 02 the department, the department shall notify the appropriate local citizen out-of-home 03 care review panel established under AS 47.14.225. 04 (w) Within 60 days after a court orders a child committed to the department 05 under (c) of this section and at a review under (f) or (l) of this section, the department 06 shall inform the parties about the local citizen out-of-home care review panel 07 established under AS 47.14.225. 08 (x) If the department applies for a permanent fund dividend for a child 09 committed to the department under (c) of this section, the dividend shall be held in 10 trust for the child until the child is 18 years of age, regardless of whether the child is 11 adopted.  12  * Sec. 9. AS 47.10 is amended by adding a new section to read: 13 Sec. 47.10.089. Report of prescription drugs. (a) When a child is in the 14 custody of the department under AS 47.10.084 and the child is prescribed a 15 psychotropic or other mental health medication, the department shall prepare a report. 16 The report must include the 17 (1) child's name and date of birth; 18 (2) name and dosage of the medication; 19 (3) condition or diagnosis for which the medication is prescribed; 20 (4) name of the prescribing physician; 21 (5) assessment of the child's caseworker pertaining to the child's 22 response to the medication; and 23 (6) assessment of the child's caregiver pertaining to the child's 24 response to the medication, if available. 25 (b) A report prepared under (a) of this section shall be distributed to the 26 statewide supervisor of the caseworker of the child, the parent or guardian of the child, 27 and, to the extent allowed under applicable federal and state law, the intervening tribal 28 or tribal custodian for the child. 29 (c) A summary of the reports prepared under (a) of this section, excluding 30 identifying information of a child, shall be distributed to members of the Senate and 31 House Health and Social Service Committees by March 1 of each year. 01 (d) In this section, "caregiver" includes a parent, grandparent, foster parent, 02 relative, teacher, or child care provider. 03  * Sec. 10. AS 47.10.092 is amended by adding a new subsection to read: 04 (d) The duty imposed on the department under (a) of this section to disclose 05 information to and make copies of documents available for inspection by state 06 officials and employees upon proof that a parent has requested the assistance of the 07 state official or employee with respect to a child's case does not lapse when the 08 parent's parental rights have been terminated with respect to the child. However, the 09 duty does lapse after termination of the parent's parental rights if another parent or 10 legal guardian of the child subsequently files a notice with the department that the 11 assistance of the state official or employee is no longer requested. 12  * Sec. 11. AS 47.10.142 is amended by adding a new subsection to read: 13 (i) Within 60 days after a court orders a child committed to the department 14 under this section, the department shall inform the parties about the local citizen out- 15 of-home care review panel established under AS 47.14.225. 16  * Sec. 12. AS 47.10.960 is amended to read: 17 Sec. 47.10.960. Duty and standard of care [NOT] created. The  18 department shall adopt regulations establishing [NOTHING IN THIS TITLE 19 CREATES] a duty and [OR] standard of care for services to children and their 20 families being served under this chapter [AS 47.10]. The regulations must be  21 consistent in all relevant respects with the code of professional ethics and the  22 standards of practice for social workers adopted by the Board of Social Work  23 Examiners under AS 08.95.  24  * Sec. 13. AS 47.14.100(e) is amended to read: 25 (e) A child may not be placed in a foster home or in the care of an agency or 26 institution providing care for children if a relative by blood or marriage, family  27 friend, or neighbor requests placement of the child in the [RELATIVE'S] home of  28 the relative, family friend, or neighbor and the parent or guardian of the child  29 agrees to the placement. However, the department may retain custody of the child 30 and provide for its placement in the same manner as for other children if the 31 department 01 (1) makes a determination, supported by clear and convincing 02 evidence, that placement of the child with the relative, family friend, or neighbor 03 will result in physical or mental injury; in making that determination, poverty, 04 including inadequate or crowded housing, on the part of the [BLOOD] relative, family  05 friend, or neighbor is not considered prima facie evidence that physical or emotional 06 damage to the child will occur; this determination may be appealed to the superior 07 court to hear the matter de novo; 08 (2) determines that a member of the relative's, family friend's, or  09 neighbor's household who is 12 years of age or older was the perpetrator in a 10 substantiated report of abuse under AS 47.17; or 11 (3) determines that a member of the relative's, family friend's, or  12 neighbor's household who is 12 years of age or older is under arrest for, charged with, 13 has been convicted of, or has been found not guilty by reason of insanity of, a serious 14 offense; notwithstanding this paragraph, the department may place or continue the 15 placement of a child at the relative's, family friend's, or neighbor's home if the 16 relative, family friend, or neighbor demonstrates to the satisfaction of the department 17 that conduct described in this paragraph occurred at least five years before the 18 intended placement and the conduct 19 (A) did not involve a victim who was under 18 years of age at 20 the time of the conduct; 21 (B) was not a crime of domestic violence as defined in 22 AS 18.66.990; and 23 (C) was not a violent crime under AS 11.41.100 - 11.41.455 or 24 a law or ordinance of another jurisdiction having similar elements. 25  * Sec. 14. AS 47.14.100(f) is amended to read: 26 (f) If a blood relative of the child specified under (e) of this section exists and 27 agrees that the child should be placed elsewhere, before placement elsewhere, the 28 department shall fully communicate the nature of the placement proceedings to the 29 relative. Communication under this subsection shall be made in the relative's native 30 language, if necessary. [NOTHING IN THIS SUBSECTION OR IN (e) OF THIS 31 SECTION APPLIES TO CHILD PLACEMENT FOR ADOPTIVE PURPOSES.] 01  * Sec. 15. AS 47.14 is amended by adding a new section to article 3 to read: 02 Sec. 47.14.205. Citizens' Review Panel for Permanency Planning. (a) 03 There is created in the Department of Administration the Citizens' Review Panel for 04 Permanency Planning. The state panel consists of five members appointed by the 05 governor from among present members of local citizen out-of-home care review 06 panels established under AS 47.14.225. The governor shall appoint at least one state 07 panel member from each judicial district. The governor may not appoint a person who 08 has committed a felony or violated AS 11.51.130 or a law with substantially similar 09 elements. 10 (b) Members of the state panel serve at the pleasure of the governor for 11 staggered terms of three years or until their successors are appointed. 12 (c) The members of the state panel shall elect from among the members a 13 chair who shall serve for one year. Three members of the state panel constitute a 14 quorum for the transaction of business. The panel may not take official action without 15 the affirmative vote of at least three of its members. 16 (d) Members of the state panel are entitled to reimbursement for actual 17 expenses necessary to perform their duties as state panel members. The 18 reimbursement may not exceed the amount of per diem and expenses authorized for 19 boards and commissions under AS 39.20.180. 20 (e) The state panel shall meet twice annually. Meetings may take place 21 telephonically. 22 (f) The state panel may employ a program manager and two assistant 23 managers who shall serve at the pleasure of the state panel. The program manager 24 shall employ staff as necessary to carry out the program manager's duties under state 25 panel directives and to provide clerical assistance to local panels. 26  * Sec. 16. AS 47.14 is amended by adding a new section to article 3 to read: 27 Sec. 47.14.215. Duties of the state panel. The state panel shall 28 (1) by regulation adopt policies and procedures to carry out its duties 29 and to govern the performance of the duties of the local panels established under 30 AS 47.14.225; 31 (2) compile reports from the local panels; 01 (3) report annually to the governor by the 10th day of each regular 02 session, concerning the activities of the state and local panels during the previous 03 fiscal year; the report must include the number of cases reviewed by each local panel, 04 a description of the characteristics of the children whose cases were reviewed by the 05 panels, the number of children reunited with their families, the number of children 06 placed in other permanent homes, and the timeliness of each review conducted under 07 AS 47.14.245; the report may contain other information on the experience of the local 08 panels. 09  * Sec. 17. AS 47.14 is amended by adding a new section to article 3 to read: 10 Sec. 47.14.225. Appointment of local panels. (a) The governor shall appoint 11 a local citizen out-of-home care review panel for each judicial district composed of 12 five members and two alternates who are residents of the judicial district. Members 13 shall serve three-year terms, except that, when a local panel is initially appointed, two 14 members shall be appointed for three-year terms, two members for two-year terms, 15 and one member for a one-year term. Alternates shall be appointed to three-year 16 terms. 17 (b) The governor shall appoint persons to a local panel who have experience, 18 special knowledge, or a demonstrated interest in the welfare of children. An out-of- 19 home care provider or a person employed by the court system, the department, the 20 office of public advocacy, the Public Defender Agency, or the Department of Law 21 may not serve as a member or alternate member of a local panel. The governor may 22 not appoint a person who has committed a felony or violated AS 11.51.130 or a law 23 with substantially similar elements. 24 (c) The composition of a local panel must be reasonably representative of the 25 various social, economic, racial, ethnic, and cultural groups of the district from which 26 the members are appointed. 27 (d) If the state panel determines that additional local panels are necessary in a 28 judicial district because of excessively large or complex caseloads for review or 29 because of the demographics of cases, or determines that a local panel is not necessary 30 because of a reduced caseload, the governor may create or dissolve a local panel. The 31 governor may not reduce the number of panels in a judicial district to fewer than one. 01 Appointments to a panel established under this subsection are governed by (a) - (c) of 02 this section. 03 (e) When a person is appointed to serve on a local panel, the person shall 04 swear or affirm to keep confidential all information that comes before the local panel 05 except for nonidentifying case information included in a report to the state panel, 06 information for reports required under AS 47.17, or as required by court order for 07 good cause shown. A local panel member may also share confidential information 08 with other members of the local panel and staff who serve the local panel. 09  * Sec. 18. AS 47.14 is amended by adding a new section to article 3 to read: 10 Sec. 47.14.235. Meetings; expenses. (a) A local panel shall conduct its 11 meetings in the judicial district in which its members reside. 12 (b) The local panel shall elect one of its members to serve as chair for a term 13 of one year. 14 (c) A majority of the members of a local panel constitutes a quorum. A panel 15 may not take official action without the affirmative vote of at least three of its 16 members. 17 (d) A local panel member is not eligible for travel expenses, per diem, or other 18 expenses for service on the local panel unless the state panel requires a local panel 19 member to travel to attend a meeting. If the state panel requires a local panel member 20 to travel to attend a meeting, the local panel member is entitled to reimbursement for 21 actual expenses incurred by the member in attending the meeting, except that the 22 reimbursement may not exceed the amount of per diem and expenses authorized for 23 boards and commissions under AS 39.20.180. 24  * Sec. 19. AS 47.14 is amended by adding a new section to article 3 to read: 25 Sec. 47.14.245. Duties of local panel. (a) A local panel shall review the case 26 plan of each child in the custody of the department who is in a placement other than 27 the child's own home under AS 47.10.080(c)(1) or (3), 47.10.142, or AS 47.14.100(c) 28 if the case is under the jurisdiction of a court in the judicial district served by the 29 panel. A local panel may request a local panel in another judicial district to conduct a 30 review and make a report if that local panel is more convenient for the child and other 31 persons involved. 01 (b) The local panel shall review a case as required under 42 U.S.C. 671 - 675 02 (P.L. 96-272) within 180 days after the day the child is initially removed from the 03 child's home and every six months thereafter. A court review may be substituted for a 04 review required under this subsection if the court review meets the requirements of 05 this subsection. 06 (c) At least 30 days before it begins a review, the local panel shall provide 07 written notice to the following persons that a review will be conducted and that each 08 person notified may participate in the review: 09 (1) the department; 10 (2) the child or the child's legal representative; 11 (3) the child's parents; 12 (4) the child's guardian; 13 (5) the child's guardian ad litem; 14 (6) the child's out-of-home care provider; and 15 (7) if the case is governed by 25 U.S.C. 1901 - 1963 (Indian Child 16 Welfare Act of 1978), 17 (A) the child's Indian custodian; and 18 (B) the designated representative of the child's Indian tribe if 19 the tribe has intervened in the case. 20 (d) In reviewing a case, the local panel shall consider the case plan and any 21 progress report of the department or the child's guardian ad litem, court records, and 22 other relevant information about the child and the child's family. The local panel shall 23 also provide to the following persons an opportunity to be interviewed by the panel in 24 person or by telephone or to provide written material to the panel: 25 (1) the child whose case is being reviewed if the child is 10 years of 26 age or older; 27 (2) the parents, custodians, or other relatives of the child; 28 (3) the child's out-of-home care provider; 29 (4) the child's guardian; 30 (5) the child's guardian ad litem; 31 (6) the case worker or social worker assigned to the case; 01 (7) if the case is governed by 25 U.S.C. 1901 - 1963 (Indian Child 02 Welfare Act of 1978), 03 (A) the child's Indian custodian; and 04 (B) the designated representative of the child's Indian tribe if 05 the tribe has intervened in the case; and 06 (8) other persons with a close personal knowledge of the case. 07 (e) At the discretion of the child's guardian ad litem, if the child whose case is 08 being reviewed is under 10 years of age, the child may be present at interviews 09 conducted under (d) of this section and during review by the panel, or may be 10 interviewed. At the child's request, a child who is 10 years of age or older shall be 11 allowed to be present at interviews or a review of the local panel that concerns the 12 child's case unless the panel determines that, for good cause, the child's presence 13 would be contrary to the best interests of the child or there is other good cause for 14 denying the child's request. 15 (f) During a review under (a) of this section, a local panel shall 16 (1) determine whether the child has a case plan designed to achieve 17 placement in the least restrictive, most family-like setting available in close proximity 18 to the home of the child's parents that is consistent with the best interests of and 19 special needs and circumstances of the child; 20 (2) evaluate the continuing necessity and appropriateness of the child's 21 placement, the extent of the compliance with the child's case plan, and the extent of 22 progress that has been made toward mitigating the causes that necessitated placement 23 away from the child's parents; 24 (3) ascertain the date by which it is likely the child may be returned to 25 the home or placed for adoption or legal guardianship; 26 (4) determine whether there has been compliance with applicable 27 provisions of 25 U.S.C. 1901 - 1963 (Indian Child Welfare Act of 1978) and other 28 applicable state and federal laws; and 29 (5) determine whether there has been compliance with court review 30 requirements of AS 47.10.080(f) and (l) and 47.10.142(h). 31 (g) The local panel shall, within 30 days after reviewing the case, submit a 01 written report to the persons listed in (c) of this section. 02 (h) In drafting the report required under (g) of this section, the local panel 03 shall make advisory recommendations based on the best interests of the child in 04 accordance with AS 47.10.082 and include notification of the right to request court 05 review under AS 47.10.080(f). If the court has scheduled the case for review, the local 06 panel shall submit its report at least 20 days before the hearing. 07 (i) The local panel shall report to the state panel information needed by the 08 state panel to prepare the report required under AS 47.14.215. 09  * Sec. 20. AS 47.14 is amended by adding a new section to article 3 to read: 10 Sec. 47.14.255. Cooperation with state and local panels. The department, 11 the Department of Law, the Public Defender Agency, the office of public advocacy, 12 and the court system shall cooperate with the state panel and the local panels to 13 facilitate timely review of plans for children whose cases are under the jurisdiction of 14 the panels and to facilitate access to records required under AS 47.14.265. If a timely 15 review is not made under this section, the local panel shall report to the state panel for 16 inclusion in the report made under AS 47.14.215(3). 17  * Sec. 21. AS 47.14 is amended by adding a new section to article 3 to read: 18 Sec. 47.14.265. Records; communications. (a) Notwithstanding 19 AS 47.10.090, at the request of a local panel, the department, the child's guardian ad 20 litem, and the court shall furnish to the local panel relevant records concerning a child 21 and the child's family who are the subjects of a local panel review. At the conclusion 22 of a review, all copies of records provided to a local panel under this section shall be 23 returned to the staff that serves the local panel or to the agency from which the 24 original copy was obtained, unless the panel members need the copies to prepare the 25 reports required under AS 47.14.245(g) - (i). Copies retained for preparation of the 26 reports shall be returned to the staff that serves the local panel or to the originating 27 agency upon completion of the reports. Notwithstanding AS 44.62.310, records and 28 reports of the local panel, testimony before the local panel, and deliberations of the 29 local panel are confidential under AS 47.10.090. 30 (b) A local panel member may not reveal to another person, other than another 31 member of the local panel or the staff serving the local panel, a communication made 01 to the member while performing the member's duties under AS 47.14.205 - 47.14.295, 02 except as required under AS 47.17 or as required by court order for good cause shown. 03 A local panel member may share with the state panel communications made during the 04 local panel member's performance of official duties if the local panel member omits 05 identifying information. 06 (c) A local panel proceeding is not governed by AS 44.62.310. 07  * Sec. 22. AS 47.14 is amended by adding a new section to article 3 to read:  08 Sec. 47.14.275. Court review of report. (a) When a report is admissible 09 under court rules, the court may consider the report of the local panel in its review 10 under AS 47.10.080(f) and at other disposition hearings other than hearings related to 11 delinquency proceedings. 12 (b) The court may refer to the local panel a case called for a special review 13 under AS 47.10.080(f). 14  * Sec. 23. AS 47.14 is amended by adding a new section to article 3 to read:  15 Sec. 47.14.285. Indemnification of panel members. A state panel member 16 and a local panel member shall be indemnified by the state for civil liability for a 17 negligent act or omission of the panel member that occurs in the performance of the 18 member's duties under AS 47.14.205 - 47.14.295, unless the civil liability results from 19 the panel member's violation of 20 (1) AS 47.14.265(b); or 21 (2) the oath or affirmation required under AS 47.14.225(e). 22  * Sec. 24. AS 47.14 is amended by adding a new section to article 3 to read:  23 Sec. 47.14.295. Definitions. In AS 47.14.205 - 47.14.295, 24 (1) "local panel" means a local citizen out-of-home care review panel 25 appointed under AS 47.14.225; 26 (2) "out-of-home care provider" means an agency or a person, other 27 than the child's legal parents, with whom the child is currently placed and who is in 28 the custody of the state under AS 47.10.080(c)(1) or (3), 47.10.142, or 29 AS 47.14.100(c), including a foster parent, a relative other than a parent, a person who 30 has petitioned for adoption of the child, or a residential child care facility; 31 (3) "state panel" means the Citizens' Review Panel for Permanency 01 Planning established under AS 47.14.205. 02  * Sec. 25. AS 47.17.027(a) is amended to read: 03 (a) If the department or a law enforcement agency provides written 04 certification to the child's school officials that (1) there is reasonable cause to suspect 05 that the child has been abused or neglected by a person responsible for the child's 06 welfare or as a result of conditions created by a person responsible for the child's 07 welfare; (2) an interview at school is a necessary part of an investigation to determine 08 whether the child has been abused or neglected; and (3) the interview at school is in 09 the best interests of the child, school officials shall permit the child to be interviewed 10 at school by the department or a law enforcement agency before notification of, or 11 receiving permission from, the child's parent, guardian, or custodian. A school official 12 shall be present during an interview at the school unless the child objects or the 13 department or law enforcement agency determines that the presence of the school 14 official will interfere with the investigation. The interview shall be conducted as  15 required under AS 47.17.033. Immediately after conducting an interview authorized 16 under this section, and after informing the child of the intention to notify the child's 17 parent, guardian, or custodian, the department or agency shall make every reasonable 18 effort to notify the child's parent, guardian, or custodian that the interview occurred 19 unless it appears to the department or agency that notifying the child's parent, 20 guardian, or custodian would endanger the child. 21  * Sec. 26. AS 47.17.033 is amended by adding a new subsection to read: 22 (c) An investigation by the department of child abuse or neglect 23 reported under this chapter shall be conducted by a person trained to conduct a child 24 abuse and neglect investigation and without subjecting a child to more than one 25 interview about the abuse or neglect except when new information is obtained that 26 requires further information from the child. 27  * Sec. 27. The uncodified law of the State of Alaska is amended by adding a new section to 28 read: 29 DIRECT COURT RULE AMENDMENT. Rule 3(f), Alaska Child in Need of 30 Aid Rules of Procedure, is amended to read: 31 (f) General Public Included [EXCLUDED]. Hearings are [NOT] open to 01 the public. However, the court may, after due consideration for the welfare of the 02 child and the family, exclude [ADMIT] specific individuals from [TO] a hearing.  03  * Sec. 28. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 DIRECT COURT RULE AMENDMENT. Rule 3, Alaska Child in Need of 06 Aid Rules of Procedure, is amended by adding a new subsection to read: 07 (j) Use of Child's Name and Identifying Information Prohibited.  08 References to a child shall be made using the child's first name only. All identifying 09 information of the child, including the child's last name, address, and the names of the 10 child's immediate family members, shall be protected during the hearing so that only 11 the confidential record contains that information. If a child appears at the hearing, the 12 child shall be located away from view of the public. 13  * Sec. 29. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 DIRECT COURT RULE AMENDMENT. Rule 18(e), Alaska Child in Need 16 of Aid Rules of Procedure, is amended to read: 17 (e) Trial. A trial on the petition to terminate parental rights 18 (1) shall be held within six months after the date on which the petition 19 to terminate parental rights is filed, unless the court finds that good cause is shown for 20 a continuance; when [. WHEN] determining whether to grant a continuance for good 21 cause, the court shall take into consideration the age of the child and the potential 22 adverse effect that the delay may have on the child; the [. THE] court shall make 23 written findings when granting a continuance;  24 (2) shall be by jury when a jury trial has been demanded and not  25 waived by a party as provided in Rules 38 and 39, Alaska Rules of Civil  26 Procedure. 27  * Sec. 30. The uncodified law of the State of Alaska is amended by adding a new section to 28 read: 29 DIRECT COURT RULE AMENDMENT. Rule 18(g), Alaska Child in Need 30 of Aid Rules of Procedure, is amended to read: 31 (g) Judgment. The court shall make findings of fact for matters tried to the  01 court and shall enter an order within 90 days after the last day of trial on the petition 02 to terminate parental rights. The court shall commit the child to the custody of the 03 Department if parental rights are terminated. 04  * Sec. 31. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 INDIRECT COURT RULE AMENDMENT. AS 47.10.070(a), as amended by sec. 5 07 of this Act, has the effect of changing Rule 3, Alaska Child in Need of Aid Rules of 08 Procedure, by allowing members of the public to attend court hearings except in certain 09 circumstances. 10  * Sec. 32. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 INDIRECT COURT RULE AMENDMENT. AS 47.10.065, enacted by sec. 4 of this 13 Act, and AS 47.10.080(c), as amended by sec. 7 of this Act, have the effect of changing Rule 14 18, Alaska Child in Need of Aid Rules of Procedure, by providing for a right to a jury trial on 15 a petition to terminate parental rights. 16  * Sec. 33. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 TWO-THIRDS VOTE NOT REQUIRED FOR CERTAIN AMENDMENTS. 19 Because the enactment of AS 47.10.065 and the amendments to AS 47.10.080(c) and Rules 20 18(e) and 18(g), Alaska Child in Need of Aid Rules of Procedure, to the extent that the 21 enactment and amendments provide a right to a jury trial on a petition to terminate parental 22 rights, affect a substantive right, secs. 4, 7, 29, and 30 of this Act do not require a two-thirds 23 vote of the legislature to confer the right to a jury trial on a petition to terminate parental 24 rights. 25  * Sec. 34. The uncodified law of the State of Alaska is amended by adding a new section to 26 read: 27 INITIAL MEMBERS OF STATE PANEL. Notwithstanding AS 47.14.205, enacted 28 by sec. 15 of this Act, the governor shall appoint the initial public members of the Citizens' 29 Review Panel for Permanency Planning so that one serves a one-year term, two serve two- 30 year terms, and two serve three-year terms. The initial public members must be persons who 31 have experience, special knowledge, or a demonstrated interest in the welfare of children. 01  * Sec. 35. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 APPLICABILITY. (a) AS 47.10.065, enacted by sec. 4 of this Act, 47.10.080(c), as 04 amended by sec. 7 of this Act, and Rules 18(e) and 18(g), Alaska Child in Need of Aid Rules 05 of Procedure, as amended by secs. 29 and 30 of this Act, apply to petitions to terminate 06 parental rights that are filed on or after the effective date of secs. 4, 7, 29, and 30 of this Act. 07 (b) AS 47.10.070(a), as amended by sec. 5 of this Act, and Rule 3, Alaska Child in 08 Need of Aid Rules of Procedure, as amended by secs. 27 and 28 of this Act, apply to hearings 09 that are conducted on or after the effective date of secs. 5, 27, and 28 of this Act. 10  * Sec. 36. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 TRANSITION: REGULATIONS. The Department of Health and Social Services 13 may proceed to adopt regulations necessary to implement AS 47.10.960 as amended by sec. 14 12 of this Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), 15 but not before the effective date of sec. 12 of this Act. 16  * Sec. 37. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 CONDITIONAL EFFECT. (a) Rules 18(e) and 18(g), Alaska Child in Need of Aid 19 Rules of Procedure, as amended by secs. 29 and 30 of this Act, respectively, to the extent that 20 the amendments require adherence to the Alaska Rules of Civil Procedure or otherwise 21 modify procedure, take effect only if secs. 29 and 30 of this Act receive the two-thirds 22 majority vote of each house required by art. IV, sec. 15, Constitution of the State of Alaska. 23 (b) The amendment of AS 47.10.070(a) made by sec. 5 of this Act and Rule 3, Alaska 24 Child in Need of Aid Rules of Procedure, as amended by secs. 27 and 28 of this Act, take 25 effect only if secs. 27 and 28 of this Act receive the two-thirds majority vote of each house 26 required by art. IV, sec. 15, Constitution of the State of Alaska. 27  * Sec. 38. AS 47.10.960, as amended by sec. 12 of this Act, takes effect 180 days after the 28 effective date of secs. 1 - 11 of this Act. 29  * Sec. 39. Except as provided in sec. 38 of this Act, this Act takes effect immediately under 30 AS 01.10.070(c).