00SENATE BILL NO. 317                                                                                                     
01 "An Act directing the Department of Health and Social Services to establish child                                       
02 protection teams to review cases of child abuse and neglect; and amending Alaska                                        
03 Rule of Civil Procedure 26(d)."                                                                                         
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  AS 47.17 is amended by adding a new section to read:                                                   
06  Sec. 47.17.035.  REVIEW OF CASES BY CHILD PROTECTION TEAMS.                                                           
07 (a)  In each area served by a regional field office of the department that receives                                     
08 reports of harm under AS 47.17.020, the department shall establish one or more child                                    
09 protection teams consisting of professional persons with experience and training in                                     
10 matters relating to child abuse and neglect such as                                                                     
11   (1)  local and state law enforcement personnel;                                                                      
12   (2)  youth corrections officers;                                                                                     
13   (3)  social services providers;                                                                                      
14   (4)  school personnel whose duties include a daily direct working                                                    

01 relationship with students;                                                                                             
02   (5)  local health department personnel; and                                                                          
03   (6)  psychiatrists, counselors, social workers, nurses, and physicians.                                              
04  (b)  Each team shall select from among themselves a chair to preside over                                             
05 meetings of the team.                                                                                                   
06  (c)  Within 30 days after the department's field office receives a report of harm                                     
07 under AS 47.17.020 from a person in an area for which a team has been established                                       
08 under (a) of this section, the office shall provide the team with an oral report of the                                 
09 case.  The report must include a description of the diagnostic, assessment, and                                         
10 treatment services being offered to the child's family.                                                                 
11  (d)  A team member may submit to the team information about cases of child                                            
12 abuse or neglect.                                                                                                       
13  (e)  After receiving a report under (c) or (d) of this section, the team shall                                        
14 review the report and shall serve in an advisory and consultative role with the                                         
15 department as to case planning, case management, identification of needs relating to                                    
16 child abuse and neglect, and guidance concerning resources, solutions, and protections                                  
17 available for preventing and treating child abuse and neglect.                                                          
18  (f)  The meetings of a team under this section are restricted to team members,                                        
19 and the team's proceedings, records, and recommendations are confidential, not subject                                  
20 to discovery, and may not be introduced as evidence in any administrative or judicial                                   
21 proceeding.  However, material that is otherwise discoverable or admissible as                                          
22 evidence when obtained from another source is not made undiscoverable or                                                
23 inadmissible merely because it was included in a meeting or communication of a team.                                    
24  (g)  Team members who are not state employees are not entitled to                                                     
25 compensation from the state and are not entitled to travel expenses or per diem for                                     
26 their time spent on team matters.                                                                                       
27  (h)  In this section, "team" means a child protection team established under (a)                                      
28 of this section.                                                                                                        
29    * Sec. 2.  AS 47.17.040(b) is amended to read:                                                                       
30  (b)  Investigation reports and reports of harm filed under this chapter are                                           
31 considered confidential and are not subject to public inspection and copying under                                      

01 AS 09.25.110 and 09.25.120.  However, in accordance with department regulations,                                        
02 investigation reports may be used by appropriate governmental agencies with                                             
03 child-protection functions, inside and outside the state, in connection with                                            
04 investigations or judicial proceedings involving child abuse, neglect, or custody.                                      
05 Investigation reports may also be used by child protection teams under                                                 
06 AS 47.17.035.  A person, not acting in accordance with department regulations, who                                     
07 with criminal negligence makes public information contained in confidential reports                                     
08 is guilty of a class B misdemeanor.                                                                                     
09    * Sec. 3.  COURT RULE CHANGE.  AS 47.17.035(f), enacted by sec. 1 of this Act, has                                   
10 the effect of amending Civil Rule 26 by making certain material not obtainable through                                  
11 discovery even though it may be relevant.