00HOUSE BILL NO. 97                                                                                                       
01 "An Act clarifying the responsibilities of the Department of Health and Social                                          
02 Services and parents for children who are committed to the custody of the                                               
03 department and are placed by the department with the parents; and providing                                             
04 for an effective date."                                                                                                 
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1.  AS 47.10.084(a) is amended to read:                                                                    
07  (a)  When a child is committed under AS 47.10.080(b)(1) or (c)(1) to the                                              
08 department or released under AS 47.10.080(b)(2) or (3) or (c)(2) to the child's parents,                                
09 guardian, or other suitable person, 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                                     
13 duty to protect, train, and discipline the child, and the duty of providing the child with                            
14 food, shelter, education, and medical care. These obligations are subject to any residual                               

01 parental rights and responsibilities and rights and responsibilities of a guardian if one                               
02 has been appointed.  When a child is committed to the department and the                                               
03 department places the child with the child's parent, the parent has the                                                 
04 responsibility to provide and pay for food, shelter, education, and medical care                                        
05 for the child.  When parental rights have been terminated, or there are no living                                      
06 parents and no guardian has been appointed, the responsibilities of legal custody                                       
07 include those in (b) and (c) of this section.  The department or person having legal                                    
08 custody of the child may delegate any of the responsibilities under this section, except                                
09 authority to consent to marriage, adoption, and military enlistment may not be                                          
10 delegated.  For purposes of this chapter a person in charge of a placement setting is                                   
11 an agent of the department.                                                                                             
12    * Sec. 2.  Section 1 of this Act is retroactive to August 30, 1991.                                                  
13    * Sec. 3.  This Act takes effect immediately under AS 01.10.070(c).