SB 45: "An Act relating to persons under 21 years of age; providing for designation of `safe homes' for runaway minors; and providing for an effective date."
00SENATE BILL NO. 45 01 "An Act relating to persons under 21 years of age; providing for designation of 02 `safe homes' for runaway minors; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. LEGISLATIVE FINDINGS; INTENT. (a) The legislature finds that licensed 05 programs for runaway minors need not be the only sources of government-encouraged 06 assistance for runaway minors. There exist many concerned citizens in the state who, with 07 appropriate oversight and certain limitations of their liability, would volunteer to assist 08 runaway minors in their private residences. It would be in the public interest to encourage 09 properly qualified private citizens to seek designation of their homes as "safe homes" where 10 runaway minors could seek temporary, short-term shelter and other care. 11 (b) It is the intent of legislature that the Department of Health and Social Services, 12 in implementing secs. 16 - 19 of this Act, adopt regulations under which interested nonprofit 13 corporations could be approved by the department for the purpose of designating "safe 14 homes." Oversight of the safe homes by the nonprofit corporations and the state should
01 involve less regulation than is required for licensed programs for runaways under 02 AS 47.10.310 while still requiring the homes to meet health and safety standards designed to 03 protect the runaway minor in the safe home. 04 * Sec. 2. AS 09.55.590(a) is amended to read: 05 (a) A minor who is a resident of this state and is at least 16 years of age, who 06 is living separate and apart from the parents or guardian of the minor, capable of 07 self-support and of managing one's own financial affairs, or the legal custodian of 08 such a minor, may petition the superior court to have the disabilities of minority 09 removed for limited or general purposes. 10 * Sec. 3. AS 09.55.590(b) is amended to read: 11 (b) A minor or the legal custodian of a minor may institute a [THIS] petition 12 under this section in the name of the minor. 13 * Sec. 4. AS 09.55.590(c) is amended to read: 14 (c) The petition for removal of disabilities of minority must state [:] 15 (1) the name, age, and residence address of the minor [PETITIONER]; 16 (2) the name and address of each living parent; 17 (3) the name and address of the guardian of the person and the 18 guardian of the estate, if any; 19 (4) the reasons why removal would be in the best interest of the minor 20 [CHILD]; and 21 (5) the purposes for which removal is sought. 22 * Sec. 5. AS 09.55.590(d) is amended to read: 23 (d) The person who institutes a petition under this section [PETITIONER] 24 must obtain the consent of each living parent or guardian having control of the person 25 or property of the minor [PETITIONER]. If the person who is to consent to the 26 petition is unavailable or the whereabouts of that person are unknown, or if a parent 27 or guardian unreasonably withholds consent, the court, acting in the best interest of the 28 minor [PETITIONER], may waive this requirement of consent as to that parent or 29 guardian. 30 * Sec. 6. AS 09.55.590(e) is amended to read: 31 (e) The court may appoint an attorney or a guardian ad litem to represent the
01 interests of the minor [PETITIONER] at the hearing. Appointment of an attorney or 02 guardian ad litem shall be made in accordance with AS 25.24.310. 03 * Sec. 7. AS 09.55.590(f) is amended to read: 04 (f) The court may remove the disabilities of minority as requested in the 05 petition if found to be in the best interest of the minor [PETITIONER], after a 06 hearing. The removal may be for general purposes or the limited purposes specified 07 in the decree. 08 * Sec. 8. AS 11.51.130(a) is amended to read: 09 (a) A person commits the crime of contributing to the delinquency of a minor 10 if, being 19 years of age or older, the person aids, induces, causes, or encourages a 11 child 12 (1) [AIDS, INDUCES, CAUSES, OR ENCOURAGES A CHILD] 13 under 18 years of age to do any act prohibited by state law; 14 (2) [REPEALED 15 (3) AIDS, INDUCES, CAUSES, OR ENCOURAGES A CHILD] under 16 18 years of age to enter or remain in the same room in a building where the unlawful 17 sale of a drug occurs; 18 (3) [OR (4) REPEALED 19 (5) AIDS, INDUCES, CAUSES, OR ENCOURAGES A CHILD] under 20 16 years of age to be [ABSENT FROM THE CUSTODY OF A PARENT, 21 GUARDIAN, OR CUSTODIAN OR TO BE] repeatedly absent from school, without 22 just cause; or 23 (4) under 18 years of age to be absent from the custody of a parent, 24 guardian, or custodian without just cause, unless the child's disabilities of 25 minority have been removed for general purposes under AS 09.55.590 or the 26 person has immunity under AS 47.10.398(a). 27 * Sec. 9. AS 11.61.220(a) is amended to read: 28 (a) A person commits the crime of misconduct involving weapons in the fifth 29 degree if the person 30 (1) knowingly possesses a deadly weapon, other than an ordinary 31 pocketknife or a defensive weapon, that is concealed on the person;
01 (2) knowingly possesses a loaded firearm on the person in any place 02 where intoxicating liquor is sold for consumption on the premises; 03 (3) being a person [AN UNEMANCIPATED MINOR] under 21 [16] 04 years of age, possesses a firearm without the written consent of a parent or guardian 05 of the person [MINOR]; 06 (4) knowingly possesses a firearm 07 (A) or a defensive weapon within the grounds of or on a 08 parking lot immediately adjacent to a public or private preschool, elementary, 09 junior high, or secondary school without the permission of the chief 10 administrative officer of the school or district or the designee of the chief 11 administrative officer, except that a person 21 years of age or older may 12 possess 13 (i) an unloaded firearm in the trunk of a motor vehicle 14 or encased in a closed container in a motor vehicle; 15 (ii) a defensive weapon; or 16 (B) within the grounds of or on a parking lot immediately 17 adjacent to a center, other than a private residence, licensed under 18 AS 47.35.010 - 47.35.075 or recognized by the federal government for the care 19 of children; [OR] 20 (5) possesses or transports a switchblade or a gravity knife; or 21 (6) with criminal negligence sells or delivers or offers to sell or 22 deliver a firearm to a person under 21 years of age without the written consent 23 of a parent or guardian of the person. 24 * Sec. 10. AS 12.62.035(f)(1) is amended to read: 25 (1) "contributing to the delinquency of a minor" means a conviction for 26 a violation or attempted violations of AS 11.51.130(a) [AS 11.51.130(a)(1), (3), OR 27 (5)]; former AS 11.40.130; or the laws of another jurisdiction if the offense would 28 have been a crime in this state under AS 11.51.130(a) [AS 11.51.130(a)(1), (3), OR 29 (5)] or former AS 11.40.130 if committed in the state; 30 * Sec. 11. AS 23.10.350 is amended by adding a new subsection to read: 31 (f) A minor for whom the disabilities of minority have not been removed for
01 general purposes under AS 09.55.590 may not be employed or allowed to work 02 (1) without the written permission of the minor's legal custodian; or 03 (2) after 10:00 p.m. on the night before school is in session unless the 04 minor has graduated from secondary school or its equivalent; however, a minor under 05 16 years of age may not be employed to work after 9:00 o'clock in the evening, as 06 provided in AS 23.10.340. 07 * Sec. 12. AS 34.50.020(b) is amended to read: 08 (b) A state agency or its agents, including a person working in or responsible 09 for the operation of a foster, receiving, or detention home, or children's institution, is 10 not liable for the acts of unemancipated minors in its charge or custody. A state 11 agency or an agent of a state agency, including a nonprofit corporation that 12 designates safe homes under AS 47.10.392 - 47.10.399 and employees of or 13 volunteers with that corporation, is not liable for the acts of a minor sheltered in 14 a safe home, as defined in AS 47.10.399. 15 * Sec. 13. AS 47.10 is amended by adding new sections to read: 16 ARTICLE 4A. SAFE HOMES FOR RUNAWAY MINORS. 17 Sec. 47.10.392. CERTIFICATE REQUIRED. A private residence may not be 18 held out publicly as a safe home for runaway minors unless the residence 19 (1) is designated a safe home by a nonprofit corporation that is licensed 20 to make the designation under AS 47.35.085; and 21 (2) has a valid permit from the department signifying that designation. 22 Sec. 47.10.394. OPERATION OF SAFE HOME. (a) A safe home may not 23 shelter a runaway minor for more than seven days unless the department determines 24 that 25 (1) the minor is the subject of exceptional circumstances; or 26 (2) another appropriate setting is not available for the minor. 27 (b) The provider of a safe home shall promptly inform the department of a 28 runaway minor in the home who claims to be the victim of child abuse or neglect, as 29 defined in AS 47.17.290, or whom the provider has reasonable cause to suspect has 30 been a victim of child abuse or neglect. 31 (c) The provider of a safe home shall make good faith efforts to ensure that
01 notice of the minor's presence in a safe home is given to the minor's legal custodian 02 as soon as possible after the minor is admitted to the home. The notice need not 03 specify the location of the safe home. The provider may give the notice, or the 04 provider may request the appropriate law enforcement agency to give the notice. If 05 requested by the provider, the law enforcement agency shall make good faith efforts 06 to give the notice required under this subsection. 07 Sec. 47.10.396. CONFIDENTIALITY. If the department requires record 08 keeping by a safe home or by a nonprofit corporation that is licensed to designate safe 09 homes, records of the home and the nonprofit corporation that identify a runaway 10 minor who has been sheltered in a safe home or has sought assistance from a safe 11 home are confidential and are not subject to inspection or copying under 12 AS 09.25.110 - 09.25.120 unless 13 (1) after being informed of the minor's right to privacy, the minor 14 consents in writing to the disclosure of the records; 15 (2) the records are relevant to an investigation or proceeding involving 16 child abuse or neglect or a child in need of aid petition; or 17 (3) disclosure of the records is necessary to protect the life or health 18 of the minor. 19 Sec. 47.10.398. IMMUNITY FROM LIABILITY. (a) A person in a safe 20 home, or in a home for which an application to be designated a safe home is being 21 considered by a nonprofit corporation licensed for that purpose by the department, that 22 is operated in a manner that is consistent with AS 47.10.392 - 47.10.399 and 23 regulations adopted under those sections is not criminally liable under 24 AS 11.51.130(a)(4). 25 (b) Except as provided in (c) of this section, the provider of a safe home, or 26 of a home for which an application to be designated a safe home is being considered 27 by a nonprofit corporation approved for that purpose by the department, and the 28 members of the provider's household, other than a runaway minor, are not liable for 29 civil damages as a result of an act or omission 30 (1) in admitting or refusing to admit a runaway minor to the home; or 31 (2) by a runaway minor who is sheltered in the home.
01 (c) The provisions of (b) of this section do not preclude liability for civil 02 damages as a result of recklessness or intentional misconduct. 03 Sec. 47.10.399. DEFINITIONS. In AS 47.10.392 - 47.10.399, 04 (1) "runaway minor" has the meaning given in AS 47.10.390; 05 (2) "safe home" means a private residence whose legal occupant agrees 06 to shelter, without compensation, a runaway minor accepted into the residence by the 07 legal occupant and that 08 (A) is not simultaneously licensed under AS 47.10.310 as a 09 program for runaway minors; 10 (B) has been designated a safe home by a nonprofit corporation 11 licensed for that purpose under AS 47.35.085; and 12 (C) has a permit issued by the department under AS 47.35.085. 13 * Sec. 14. AS 47.10.141(b) is amended to read: 14 (b) A peace officer shall take into protective custody a minor described in (a) 15 of this section if the minor is not otherwise subject to arrest or detention. The peace 16 officer shall honor the minor's preference to (1) return the minor to the legal custodian 17 if the legal custodian consents to the return; (2) take the minor to a nearby location 18 agreed to by the minor and the legal custodian; or (3) take the minor to an office 19 specified by the Department of Health and Social Services, a program for runaway 20 minors licensed by the department under AS 47.10.310, a safe home that has a 21 permit from the department under AS 47.35.085 that agrees to shelter the minor, 22 or a facility or contract agency of the department. If an office specified by the 23 department, a licensed program for runaway minors, a safe home that will accept the 24 minor, or a facility or contract agency of the department does not exist in the 25 community, the officer shall take the minor to another suitable location and promptly 26 notify the department. A minor under protective custody may not be housed in a jail 27 or other detention facility. Immediately upon taking a minor into protective custody, 28 the officer shall advise the minor orally and in writing of the right to social services 29 under AS 47.10.142(b), and, if known, the officer shall advise the legal custodian that 30 the minor has been taken into protective custody and that counseling services for the 31 custodian and the minor's household are available under AS 47.10.142(b).
01 * Sec. 15. AS 47.10.142(b) is amended to read: 02 (b) A minor who has left home and is evading the person having legal custody 03 of the minor may obtain the services of the department. The department shall assess 04 the situation and furnish the minor with the social services it considers appropriate to 05 protect the well-being of the minor and to preserve the minor's family life if 06 preserving it is considered desirable under the circumstances. The department shall 07 also offer counseling services to the person having legal custody of the minor and 08 to the members of the minor's household if it determines that counseling services 09 would be appropriate in the situation. If, after assessing the situation, considering 10 the wishes of the minor, offering counseling services to the legal custodian and the 11 minor's household, and furnishing appropriate social services to the minor, the 12 department considers it necessary, the department may take emergency custody of the 13 minor. 14 * Sec. 16. AS 47.35.020 is amended to read: 15 Sec. 47.35.020. LICENSE OR PERMIT REQUIRED FOR CERTAIN CARE 16 FACILITIES. A person may not, without a license or permit to do so, 17 (1) maintain or conduct, for more than 90 days, a boarding home, foster 18 home, group home, institution, or other place for the regular reception or care of 19 children under 16 years of age, or a foster home, group home, or institution for the 20 care of dependent adults; [OR] 21 (2) engage in the business of receiving or caring for children under 14 22 years of age, with or without compensation, in a nursery in which five or more 23 children not related by blood or marriage, or legal adoption, to the owner, operator, or 24 manager of the business are lodged; or 25 (3) hold out publicly that the person's residence is a safe home for 26 runaway minors. 27 * Sec. 17. AS 47.35 is amended by adding a new section to read: 28 Sec. 47.35.085. SAFE HOMES FOR RUNAWAY MINORS. (a) The 29 department shall adopt regulations under which a nonprofit corporation may apply for 30 a license to designate and supervise safe homes for runaway minors. 31 (b) The department shall also adopt regulations setting health and safety
01 standards for safe homes. The regulations adopted under this subsection must 02 (1) involve less regulation than is required for programs for runaways 03 licensed under AS 47.10.310 and foster homes licensed under this chapter; 04 (2) provide that they will be enforced by persons licensed under (a) of 05 this section except as provided in (d) of this section; and 06 (3) require that a nonprofit corporation licensed under (a) of this section 07 inspect the safe homes, perform criminal background checks of its residents, keep 08 records, and meet other requirements only to the extent that they are necessary to 09 ensure the health and safety of a runaway minor in the home. 10 (c) If a person licensed under (a) of this section certifies to the department that 11 a home meets the standards set under (b) of this section, the department shall issue the 12 home a permit authorizing it to be a safe home for runaway minors. The permit may 13 not be transferred to a different facility or owner. 14 (d) Upon notice from a person licensed under (a) of this section that a safe 15 home is not in compliance with AS 47.10.392 - 47.10.399 or the regulations of the 16 department adopted under (b) of this section, the department may revoke a permit 17 issued under this subsection or modify it to provisional status. The department shall 18 give written notice of revocation or modification under this subsection at least 30 days 19 before the effective date of the action. However, if the health or well-being of a child 20 is in jeopardy, the revocation or modification action is effective immediately upon the 21 issuance of written notice by the department. 22 * Sec. 18. AS 47.35.100(a) is amended to read: 23 (a) Without a license issued by the department in accordance with its 24 regulations a person may not operate an agency providing any of the following 25 services: 26 (1) the placement of children for foster home care; 27 (2) the placement of children for adoption; [OR] 28 (3) individual and family counseling; or 29 (4) designation and supervision of safe homes for runaway minors 30 under AS 47.35.085. 31 * Sec. 19. AS 47.35.900 is amended by adding new paragraphs to read:
01 (7) "runaway minor" has the meaning given in AS 47.10.390; 02 (8) "safe home for runaway minors" or "safe home" means a private 03 residence whose legal occupant agrees to shelter, without compensation, a runaway 04 minor accepted into the residence, subject to the limitations imposed under this chapter 05 and AS 47.10.392 - 47.10.399. 06 * Sec. 20. This Act takes effect immediately under AS 01.10.070(c).