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HB 391: "An Act authorizing disclosure of information to a prospective out-of-home care provider about a minor who has a history of inflicting personal injury or property damage or committing acts that, if committed by an adult, would have been felonies."

00HOUSE BILL NO. 391 01 "An Act authorizing disclosure of information to a prospective out-of-home care 02 provider about a minor who has a history of inflicting personal injury or 03 property damage or committing acts that, if committed by an adult, would have 04 been felonies." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 47.10.090 is amended by adding a new subsection to read: 07  (d) Notwithstanding (a) of this section, the department shall, without court 08 order, disclose information and social records of a minor to a prospective out-of-home 09 care provider for the minor that are reasonably necessary to inform the prospective out-of-home care provider of the 10 history of the minor with respect to previous property 11 damage by the minor exceeding $100, personal injury caused by the minor, or behavior 12 of the minor that, if committed by an adult, would have been a felony. An out-of-home care provider to whom 13 information and records are disclosed under this 14 subsection may not further disclose the information or records to another person

01 outside the household or institution in which the minor is placed, or proposed to be 02 placed, without a court order. The department's disclosure under this subsection must 03 be in writing and describe the previous personal injury, property damage, or other 04 behavior with sufficient detail so that a reasonable person would be able to appreciate 05 the risk of accepting placement of the minor. In this subsection, "out-of-home care 06 provider" means an agency or a person, other than the child's legal parents, with whom 07 the child is currently placed and who is in the custody of the state under 08 AS 47.10.080(b)(3), (c)(1), or (c)(3), 47.10.142, or 47.10.230(c), including a foster 09 parent, a relative other than a parent, a person who has petitioned for adoption of the 10 child, or a residential child care facility.