00 CS FOR HOUSE BILL NO. 114(STA) 01 "An Act relating to proceedings regarding voluntary relinquishments and terminations 02 of a parent and child relationship; relating to eligibility for permanent fund dividends 03 for certain children in the custody of the state; relating to child-in-need-of-aid 04 proceedings, adoption proceedings, and juvenile delinquency proceedings; relating to 05 findings in permanency hearings in child-in-need-of-aid proceedings; amending Rules 9 06 and 13, Alaska Adoption Rules, Rules 17.2 and 18, Child in Need of Aid Rules of 07 Procedure, and Rules 14 and 15, Rules of Probate Procedure; and providing for an 08 effective date." 09 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 10  * Section 1. AS 13.26 is amended by adding a new section to read: 11 Sec. 13.26.064. Guardianship after voluntary relinquishment; procedure.  12 In addition to the applicable procedures under this chapter, a guardianship decree and 01 review of a guardianship decree are governed by the procedures established under 02 AS 25.23.180 and, for a child-in-need-of-aid, AS 47.10.089, pertaining to voluntary 03 relinquishment of parental rights and retaining of parental privileges in a guardianship 04 decree. 05  * Sec. 2. AS 25.23.180 is amended by adding new subsections to read: 06 (j) In a relinquishment of parental rights executed under (a) of this section, a 07 parent may retain privileges with respect to the child, including the ability to have 08 future contact, communication, and visitation with the child. A retained privilege 09 must be stated with specificity in writing, and, not less than 10 days after the 10 relinquishment is signed, the court may enter an order terminating parental rights if the 11 court finds that termination of parental rights under the terms of the agreement is in 12 the child's best interest. If a parent has retained one or more privileges, the court shall 13 incorporate the retained privileges into the termination order with a recommendation 14 that the retained privileges be incorporated in an adoption or legal guardianship 15 decree. 16 (k) A voluntary relinquishment may not be withdrawn and a termination order 17 may not be vacated on the ground that a retained privilege has been withheld from the 18 relinquishing parent or that the relinquishing parent has been unable, for any reason, to 19 act on a retained privilege, except as provided in Rule 60(b), Alaska Rules of Civil 20 Procedure. 21 (l) After a termination order is entered, a person who has voluntarily 22 relinquished parental rights under this section may request a review hearing, upon a 23 showing of good cause, to seek enforcement or modification of or to vacate a privilege 24 retained in the termination order. The court may modify, enforce, or vacate the 25 retained privilege if the court finds, by clear and convincing evidence, that it is in the 26 best interest of the child to do so. 27 (m) After a termination order is entered and before the entry of an adoption or 28 legal guardianship decree, a prospective adoptive parent or a guardian of the child may 29 request, after providing notice as specified under this subsection, that the court decline 30 to incorporate a privilege retained in a termination order and recommended for 31 incorporation in an adoption or guardianship decree under (j) of this section. If the 01 person who has relinquished parental rights to the child who is the subject of the 02 adoption or guardianship decree did not waive rights to notice of adoption under (b) of 03 this section, the request made under this subsection may only be considered by the 04 court after providing at least 20 days' notice by certified mail to the last known address 05 of the person who has voluntarily relinquished parental rights to the child. The notice 06 under this subsection must describe the request and explain that the recipient of the 07 notice may submit a written statement under penalty of perjury to the court that the 08 recipient either agrees with or opposes the request. The notice must also include the 09 deadline for submitting the statement and the mailing address of the court. The court 10 may decline to incorporate a retained privilege if the person who retained the privilege 11 agrees with the request or if the court finds that it is in the child's best interest. 12 (n) After a termination order is entered and before the entry of an adoption 13 decree, a person who voluntarily relinquished parental rights to a child under this 14 section may request a review hearing, upon a showing of good cause, to vacate the 15 termination order and reinstate parental rights relating to that child. A court shall 16 vacate a termination order if the person shows, by clear and convincing evidence, that 17 reinstatement of parental rights is in the best interest of the child and that the person is 18 rehabilitated and capable of providing the care and guidance that will serve the moral, 19 emotional, mental, and physical welfare of the child. 20 (o) A person who relinquished parental rights is entitled to the appointment of 21 an attorney if a hearing is requested under (l), (m), or (n) of this section to the same 22 extent as if the parent's rights had not been terminated in a child-in-need-of-aid 23 proceeding. 24  * Sec. 3. AS 43.23.005(f) is amended to read: 25 (f) The [IN A TIME OF NATIONAL MILITARY EMERGENCY, THE] 26 commissioner may waive the requirement of (a)(4) of this section for an individual 27 absent from the state 28 (1) in a time of national military emergency under military orders 29 while serving in the armed forces of the United States, or for the spouse and 30 dependents of that individual; or 31 (2) while in the custody of the Department of Health and Social  01 Services in accordance with a court order under AS 47.10 or AS 47.12 and placed  02 outside of the state by the Department of Health and Social Services for purposes  03 of medical or behavioral treatment. 04 * Sec. 4. AS 47.10.020(a) is amended to read: 05 (a) Whenever circumstances subject a child to the jurisdiction of the court 06 under AS 47.10.005 - 47.10.142, the court shall appoint a competent person or agency 07 to make a preliminary inquiry and report for the information of the court to determine 08 whether the best interests of the child require that further action be taken. The court  09 shall make the appointment on its own motion or at the request of a person or  10 agency having knowledge of the child's circumstances. If, under this subsection, 11 the court appoints a person or agency to make a preliminary inquiry and to report to it, 12 or if the department is conducting an investigation of a report of child abuse or  13 neglect, the court may issue any orders necessary to aid the person, the agency,  14 or the department in its investigation or in making the preliminary inquiry and  15 report. Upon [THEN, UPON THE] receipt of the report under this subsection, the 16 court may 17 (1) close the matter without a court hearing; 18 (2) determine whether the best interests of the child require that further 19 action be taken; or 20 (3) authorize the person or agency having knowledge of the facts of the 21 case to file with the court a petition setting out the facts. 22  * Sec. 5. AS 47.10.020 is amended by adding a new subsection to read: 23 (e) Nothing in this section requires the department to obtain authorization 24 from the court before 25 (1) conducting an investigation of a report of child abuse or neglect; or 26 (2) filing a petition. 27  * Sec. 6. AS 47.10.080(l) is amended to read: 28 (l) Within 12 months after the date a child enters foster care as calculated 29 under AS 47.10.088(f), the court shall hold a permanency hearing. The hearing and 30 permanent plan developed in the hearing are governed by the following provisions: 31 (1) the persons entitled to be heard under AS 47.10.070 or under (f) of 01 this section are also entitled to be heard at the hearing held under this subsection; 02 (2) when establishing the permanent plan for the child, the court shall 03 make appropriate written findings, including findings related to whether 04 (A) and when the child should be returned to the parent or 05 guardian; 06 (B) the child should be placed for adoption or legal 07 guardianship and whether a petition for termination of parental rights should be 08 filed by the department; and 09 (C) the child should be placed in another planned, permanent 10 living arrangement and what steps are necessary to achieve the new 11 arrangement; 12 (3) if the court is unable to make a finding required under (2) of this 13 subsection, the court shall hold another hearing within a reasonable period of time; 14 (4) in addition to the findings required by (2) of this subsection, the 15 court shall also make appropriate written findings related to 16 (A) whether the department has made the reasonable efforts 17 required under AS 47.10.086 to offer appropriate family support services to 18 remedy the parent's or guardian's conduct or conditions in the home that made 19 the child a child in need of aid under this chapter; 20 (B) whether the parent or guardian has made substantial 21 progress to remedy the parent's or guardian's conduct or conditions in the home 22 that made the child a child in need of aid under this chapter; [AND] 23 (C) if the permanent plan is for the child to remain in out-of- 24 home-care, whether the child's out-of-home placement continues to be 25 appropriate and in the best interests of the child; and  26 (D) whether the department has made reasonable efforts to  27 finalize the permanent plan for the child;  28 (5) the court shall hold a hearing to review the permanent plan at least 29 annually until successful implementation of the plan; if the plan approved by the court 30 changes after the hearing, the department shall promptly apply to the court for another 31 permanency hearing, and the court shall conduct the hearing within 30 days after 01 application by the department. 02  * Sec. 7. AS 47.10 is amended by adding a new section to read: 03 Sec. 47.10.089. Voluntary relinquishment of parental rights and  04 responsibilities. (a) When a child is committed to the custody of the department 05 under AS 47.10.080(c)(1) or (3) or released under AS 47.10.080(c)(2), the rights of a 06 parent with respect to the child, including parental rights to control the child, to 07 withhold consent to an adoption, or to receive notice of a hearing on a petition for 08 adoption, may be voluntarily relinquished to the department and the relationship of 09 parent and child terminated in a proceeding as provided under this section. 10 (b) A voluntary relinquishment must be in writing and signed by a parent, 11 regardless of the age of the parent, in the presence of a representative of the 12 department or in the presence of a court of competent jurisdiction with the knowledge 13 and approval of the department. A copy of the signed relinquishment shall be given to 14 the parent. 15 (c) A voluntary relinquishment may be withdrawn within 10 days after it is 16 signed. The relinquishment is invalid unless the relinquishment contains the right of 17 withdrawal as specified under this subsection. 18 (d) A parent may retain privileges with respect to the child, including the 19 ability to have future contact, communication, and visitation with the child in a 20 voluntary relinquishment executed under this section. A retained privilege must be in 21 writing and stated with specificity. 22 (e) Not less than 10 days after a voluntary relinquishment is signed, the court 23 shall enter an order terminating parental rights if the court determines that termination 24 of parental rights under the terms of the relinquishment is in the child's best interest. 25 If a parent has retained one or more privileges under (d) of this section, the court shall 26 incorporate the retained privileges in the termination order with a recommendation 27 that the retained privileges be incorporated in an adoption or legal guardianship 28 decree. 29 (f) A voluntary relinquishment may not be withdrawn and a termination order 30 may not be vacated on the ground that a retained privilege has been withheld from the 31 relinquishing parent or that the relinquishing parent has been unable, for any reason, to 01 act on a retained privilege, except as provided in Rule 60(b), Alaska Rules of Civil 02 Procedure. 03 (g) After a termination order is entered, a person who has voluntarily 04 relinquished parental rights under this section may request a review hearing, upon a 05 showing of good cause, to seek enforcement or modification of or to vacate a privilege 06 retained in the termination order. The court may modify, enforce, or vacate the 07 retained privilege if the court finds, by clear and convincing evidence, that it is in the 08 best interest of the child to do so. 09 (h) After a termination order is entered and before the entry of an adoption or 10 legal guardianship decree, a person who voluntarily relinquished parental rights to a 11 child under this section may request a review hearing, upon a showing of good cause, 12 to vacate the termination order and reinstate parental rights relating to that child. A 13 court shall vacate a termination order if the person shows, by clear and convincing 14 evidence, that reinstatement of parental rights is in the best interest of the child and 15 that the person is rehabilitated and capable of providing the care and guidance that will 16 serve the moral, emotional, mental, and physical welfare of the child. 17 (i) A person who relinquished parental rights is entitled to the appointment of 18 an attorney if a hearing is requested under (g), (h), or (j) of this section to the same 19 extent as if the parent's rights had not been terminated in a child-in-need-of-aid 20 proceeding. 21 (j) After a termination order is entered and before the entry of an adoption or 22 legal guardianship decree, a prospective adoptive parent or a guardian of the child may 23 request, after providing notice as specified under this subsection, that the court decline 24 to incorporate a privilege retained in a termination order and recommended for 25 incorporation in an adoption or guardianship decree under (e) of this section. If the 26 person who has relinquished parental rights to the child who is the subject of the 27 adoption or guardianship decree did not waive rights to notice of adoption under (a) of 28 this section, the request made under this subsection may only be considered by the 29 court after providing at least 20 days' notice by certified mail to the last known address 30 of the person who has voluntarily relinquished parental rights to the child. The notice 31 under this subsection must describe the request and explain that the recipient of the 01 notice may submit a written statement under penalty of perjury to the court that the 02 recipient either agrees with or opposes the request. The notice must also include the 03 deadline for submitting the statement and the mailing address of the court. The court 04 may decline to incorporate a retained privilege if the person who retained the privilege 05 agrees with the request or if the court finds that it is in the child's best interest. 06  * Sec. 8. AS 47.10.990(16) is amended to read: 07 (16) "mental health professional" has the meaning given in 08 AS 47.30.915, except that, if the child is placed in another state by the  09 department, "mental health professional" also includes a professional listed in  10 the definition of "mental health professional" in AS 47.30.915 who is not licensed  11 to practice by a board of this state but is licensed by a corresponding licensing  12 authority to practice in the state in which the child is placed; 13  * Sec. 9. AS 47.12.990(10) is amended to read: 14 (10) "mental health professional" has the meaning given in 15 AS 47.30.915, except that, if the minor is placed in another state by the  16 department, "mental health professional" also includes a professional listed in  17 the definition of "mental health professional" in AS 47.30.915 who is not licensed  18 to practice by a board of this state but is licensed by a corresponding licensing  19 authority to practice in the state in which the minor is placed; 20  * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 DIRECT COURT RULE AMENDMENT. Rule 9(a), Alaska Adoption Rules, 23 is amended to read: 24 (a) Form. A consent or relinquishment must be in writing and must include: 25 (1) notice of the person's right to withdraw the consent or 26 relinquishment as provided by paragraphs (g) and (h) of this rule; 27 (2) the address and telephone number of the court in which the 28 adoption or relinquishment proceeding has or is expected to be filed; 29 (3) a statement of the right to counsel as stated in Rule 8; 30 (4) a statement concerning whether or not any visitation rights or  31 other parental privileges are sought to be retained after the adoption; 01 (5) if a consent, the information required in AS 25.23.060; and 02 (6) if signed by a parent, a statement of whether the parent is a minor. 03  * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 DIRECT COURT RULE AMENDMENT. Rule 9(g), Alaska Adoption Rules, 06 is amended to read: 07 (g) Withdrawal of Consent or Relinquishment of a Non-Indian Child. 08 The parent of a non-Indian child may withdraw a consent or relinquishment by 09 notifying in writing the court, or the person or agency obtaining the consent or 10 relinquishment, within 10 days of the birth or signing of the consent or 11 relinquishment, whichever is later. Notification is timely if received or postmarked on 12 or before the last day of this time period. The parent may move the court to permit 13 withdrawal of the consent or relinquishment after the 10 day period pursuant to 14 AS 25.23.070 for a consent or AS 25.23.180(g) or AS 47.10.089(h) for a 15 relinquishment. 16  * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 DIRECT COURT RULE AMENDMENT. Rule 13(a), Alaska Adoption 19 Rules, is amended to read: 20 (a) Voluntary Relinquishment. A decree terminating parental rights may be 21 entered after a voluntary relinquishment pursuant to AS 25.23.180 or AS 47.10.089. 22 The court shall enter findings of fact which must include a statement concerning 23 whether visitation rights are being allowed under AS 25.23.130(c) or other privileges  24 are being retained under AS 25.23.180 or AS 47.10.089, and whether the time limit 25 for withdrawal of the relinquishment has elapsed. If the relinquishment was signed in 26 the presence of the court, findings also must be entered as to whether the parent 27 understood the consequences of the relinquishment, and whether the relinquishment 28 was voluntarily signed. 29 In the case of a voluntary relinquishment of parental rights to an Indian child, 30 the court shall make additional findings concerning whether any notice required by 31 Rule 10(e) was timely given; whether the relinquishment was voluntary and in 01 compliance with the requirements of 25 U.S.C. Section 1913; and whether the child's 02 placement complies with the preferences set out in 25 U.S.C. Section 1915 or good 03 cause exists for deviation from the placement preference. 04 * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 DIRECT COURT RULE AMENDMENT. Rule 17.2(f), Alaska Child in Need 07 of Aid Rules, is amended to read: 08 (f) Additional Findings. In addition to the findings required under paragraph 09 (e), the court shall also make written findings related to 10 (1) whether the Department has made reasonable efforts required 11 under AS 47.10.086 or, in the case of an Indian child, whether the Department has 12 made active efforts to provide remedial services and rehabilitative programs as 13 required by 25 U.S.C. Sec. 1912(d); 14 (2) whether the parent or guardian has made substantial progress to 15 remedy the parent's or guardian's conduct or conditions in the home that made the 16 child a child in need of aid; [AND] 17 (3) if the permanent plan is for the child to remain in out-of-home care, 18 whether the child's out-of-home placement continues to be appropriate and in the best 19 interests of the child; and  20 (4) whether the Department has made reasonable efforts to finalize  21 the permanent plan for the child. 22  * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 DIRECT COURT RULE AMENDMENT. Rule 18(d)(1), Alaska Child in 25 Need of Aid Rules, is amended to read: 26 (d) Relinquishment.  27 (1) Notwithstanding other provisions of this rule, the court may 28 terminate parental rights after a voluntary relinquishment pursuant to AS 47.10.089 29 [AS 25.23.180]. In the case of an Indian child, the relinquishment must meet the 30 requirements set forth in 25 U.S.C. ยง 1913(c). 31  * Sec. 15. The uncodified law of the State of Alaska is amended by adding a new section to 01 read: 02 INDIRECT COURT RULE AMENDMENT. (a) AS 13.26.064, added by sec. 1 of 03 this Act, amends Rules 14 and 15, Rules of Probate Procedure, by providing that retained 04 privileges be set out in the guardianship decree and by providing additional procedures related 05 to a voluntary relinquishment of parental rights. 06 (b) AS 25.23.180(j) - (o) and AS 47.10.089, added by secs. 2 and 7 of this Act, amend 07 Rules 9 and 13, Alaska Adoption Rules, by requiring retained privileges to be set out in the 08 relinquishment form and order and by providing additional procedures related to the 09 relinquishment. 10 (c) AS 25.23.180(k) - (o) and AS 47.10.089(g), (h), and (j), added by secs. 2 and 7 of 11 this Act, amend Rule 13, Alaska Adoption Rules, by authorizing review hearings for 12 voluntary relinquishments. 13 (d) AS 47.10.089, added by sec. 7 of this Act, amends Rule 18(d)(1), Alaska Child in 14 Need of Aid Rules, by providing that a relinquishment be in writing, allowing for the 15 withdrawal of the relinquishment, allowing for the retention of certain privileges, and 16 authorizing a review hearing before the entry of an adoption or legal guardianship decree. 17 (e) AS 47.10.089, added by sec. 7 of this Act, amends Rule 18, Alaska Child in Need 18 of Aid Rules, by authorizing a review hearing for a termination before entry of an adoption or 19 legal guardianship decree. 20  * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 REVISOR'S INSTRUCTION. The revisor of statutes is instructed to change the 23 heading of AS 47.10.088 from "Termination of parental rights and responsibilities" to 24 "Involuntary termination of parental rights and responsibilities." 25  * Sec. 17. The uncodified law of the State of Alaska is amended by adding a new section to 26 read: 27 CONDITIONAL EFFECT. (a) Rule 9(a), Alaska Adoption Rules, as amended by 28 sec. 10 of this Act, takes effect only if sec. 10 of this Act receives the two-thirds majority vote 29 of each house required by art. IV, sec. 15, Constitution of the State of Alaska. 30 (b) Rule 9(g), Alaska Adoption Rules, as amended by sec. 11 of this Act, takes effect 31 only is sec. 11 of this Act receives the two-thirds majority vote of each house required by art. 01 IV, sec. 15, Constitution of the State of Alaska. 02 (c) Rule 13(a), Alaska Adoption Rules, as amended by sec. 12 of this Act, takes effect 03 only if sec. 12 of this Act receives the two-thirds majority vote of each house required by art. 04 IV, sec. 15, Constitution of the State of Alaska. 05 (d) Section 5 of this Act and Rule 17.2(f), Alaska Child in Need of Aid Rules, as 06 amended by sec. 13 of this Act, take effect only if sec. 13 of this Act receives the two-thirds 07 majority vote of each house required by art. IV, sec. 15, Constitution of the State of Alaska. 08 (e) Rule 18(d)(1), Alaska Child in Need of Aid Rules, as amended by sec. 14 of this 09 Act, takes effect only if sec. 14 of this Act receives the two-thirds majority vote of each house 10 required by art. IV, sec. 15, Constitution of the State of Alaska. 11 (f) AS 13.26.064, added by sec. 1 of this Act, AS 25.23.180(j) - (o), added by sec. 2 12 of this Act, and AS 47.10.089, added by sec. 7 of this Act, take effect only if sec. 15 of this 13 Act receives the two-thirds majority vote of each house required by art. IV, sec. 15, 14 Constitution of the State of Alaska. 15  * Sec. 18. This Act takes effect immediately under AS 01.10.070(c).