SCS CSHB 202(JUD): "An Act relating to the participation and accountability of parents and guardians and the enforcement of restitution orders entered in juvenile delinquency proceedings; relating to claims on permanent fund dividends for certain court-ordered treatment in juvenile delinquency proceedings; and amending Alaska Delinquency Rules 3(b) and 8(b); and providing for an effective date."
00SENATE CS FOR CS FOR HOUSE BILL NO. 202(JUD) 01 "An Act relating to the participation and accountability of parents and 02 guardians and the enforcement of restitution orders entered in juvenile 03 delinquency proceedings; relating to claims on permanent fund dividends for 04 certain court-ordered treatment in juvenile delinquency proceedings; and 05 amending Alaska Delinquency Rules 3(b) and 8(b); and providing for an 06 effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 43.23 is amended by adding a new section to read: 09 Sec. 43.23.066. CLAIMS ON REIMBURSEMENT FOR COURT-ORDERED 10 TREATMENT. (a) AS 09.38 does not apply to permanent fund dividends taken under 11 AS 47.10.079(c). Notwithstanding AS 09.35, execution on a dividend claimed under 12 AS 47.10.079(c) is accomplished by delivering a certified claim to the department 13 containing the following information: 14 (1) the name and social security number of the individual whose
01 dividend is being claimed; 02 (2) the amount the individual owes on the reimbursement claim; and 03 (3) a statement that 04 (A) the Department of Health and Social Services has notified 05 the individual that future permanent fund dividends of the individual will be 06 taken to satisfy the reimbursement claim; 07 (B) the individual was notified of the right to request a hearing 08 and allowed 30 days after the date of the notice described in (A) of this 09 paragraph to request the Department of Health and Social Services to hold a 10 hearing on the reimbursement claim; 11 (C) the reimbursement claim has not been contested, or, if 12 contested, that the issue has been resolved in favor of the Department of Health 13 and Social Services; and 14 (D) if the reimbursement claim has been contested and resolved 15 in favor of the Department of Health and Social Services, no appeal is pending, 16 the time limit for filing an appeal has expired, or the appeal has been resolved 17 in favor of the Department of Health and Social Services. 18 (b) The Department of Health and Social Services shall notify the individual 19 if a dividend is claimed under (a) of this section. The notice shall be sent to the 20 address provided in the individual's permanent fund dividend application and must 21 provide the following information: 22 (1) the amount of the reimbursement claim; 23 (2) notice that the permanent fund dividend, or that portion of the 24 permanent fund dividend that does not exceed the amount of the reimbursement claim, 25 shall be paid to the Department of Health and Social Services; and 26 (3) notification that the individual has a right to request a hearing and 27 has 30 days after the date the notice is mailed in which to file with the Department of 28 Health and Social Services an objection to the dividend claim if a mistake has been 29 made. 30 (c) AS 44.62.330 - 44.62.630 apply to a hearing requested by an individual 31 under (b)(3) of this section.
01 * Sec. 2. AS 47.10 is amended by adding a new section to read: 02 Sec. 47.10.079. PARENTAL OR GUARDIAN ACCOUNTABILITY AND 03 PARTICIPATION. (a) The parent or guardian of a minor who is alleged to be a 04 delinquent under AS 47.10.010(a)(1) or found to be a delinquent under 05 AS 47.10.080(b) shall attend each hearing held during the delinquency proceedings 06 unless the court excuses the parent or guardian from attendance for good cause. 07 (b) If a minor is found to be a delinquent under AS 47.10.080(b), the court 08 may order that the minor's parent or guardian 09 (1) personally participate in treatment reasonably available in the 10 parent's or guardian's location as specified in a plan set out in the court order; 11 (2) notify the department if the minor violates a term or condition of 12 the court order; and 13 (3) comply with any other conditions set out in the court order. 14 (c) If a court orders a minor's parent or guardian to participate in treatment 15 under (b) of this section, the court also shall order the parent or guardian to use any 16 available insurance or another resource to cover the treatment, or to pay for the 17 treatment if other coverage is unavailable. If the court determines that the parent or 18 guardian is unable to pay for the treatment due to indigence and the department pays 19 for the treatment, the department may seek reimbursement only from the indigent 20 parent or guardian's permanent fund dividend. 21 (d) The permanent fund dividend of an indigent parent or guardian 22 participating in treatment ordered under (b) of this section may be taken under 23 AS 43.23.065(b)(6) and 43.23.066 to satisfy the balance due on a reimbursement claim 24 by the department under (c) of this section. 25 (e) If a parent or guardian fails to attend a hearing as required in (a) of this 26 section, the court shall hold the hearing without the attendance of the parent or 27 guardian. 28 * Sec. 3. AS 47.10.080(b) is amended to read: 29 (b) If the court finds that the minor is delinquent, it shall 30 (1) order the minor committed to the department for a period of time 31 not to exceed two years or in any event extend past the day the minor becomes 19,
01 except that the department may petition for and the court may grant in a hearing (A) 02 two-year extensions of commitment that do not extend beyond the child's 19th 03 birthday if the extension is in the best interests of the minor and the public; and (B) 04 an additional one-year period of supervision past age 19 if continued supervision is in 05 the best interests of the person and the person consents to it; the department shall place 06 the minor in the juvenile facility that the department considers appropriate and that 07 may include a juvenile correctional school, juvenile work camp, treatment facility, 08 detention home, or detention facility; the minor may be released from placement or 09 detention and placed on probation on order of the court and may also be released by 10 the department, in its discretion, under AS 47.10.200; 11 (2) order the minor placed on probation, to be supervised by the 12 department, and released to the minor's parents, guardian, or a suitable person; if the 13 court orders the minor placed on probation, it may specify the terms and conditions 14 of probation; the probation may be for a period of time, not to exceed two years and 15 in no event extend past the day the minor becomes 19, except that the department may 16 petition for and the court may grant in a hearing 17 (A) two-year extensions of supervision that do not extend 18 beyond the child's 19th birthday if the extension is in the best interests of the 19 minor and the public; and 20 (B) an additional one-year period of supervision past age 19 if 21 the continued supervision is in the best interests of the person and the person 22 consents to it; 23 (3) order the minor committed to the department and placed on 24 probation, to be supervised by the department, and released to the minor's parents, 25 guardian, other suitable person, or suitable nondetention setting such as a family home, 26 group care facility, or child care facility, whichever the department considers 27 appropriate to implement the treatment plan of the predisposition report; if the court 28 orders the minor placed on probation, it may specify the terms and conditions of 29 probation; the department may transfer the minor, in the minor's best interests, from 30 one of the probationary placement settings listed in this paragraph to another, and the 31 minor, the minor's parents or guardian, and the minor's attorney are entitled to
01 reasonable notice of the transfer; the probation may be for a period of time, not to 02 exceed two years and in no event extend past the day the minor becomes 19, except 03 that the department may petition for and the court may grant in a hearing 04 (A) two-year extensions of commitment that do not extend 05 beyond the child's 19th birthday if the extension is in the best interests of the 06 minor and the public; and 07 (B) an additional one-year period of supervision past age 19 if 08 the continued supervision is in the best interests of the person and the person 09 consents to it; 10 (4) order the minor and the minor's parent to make suitable 11 restitution in lieu of or in addition to the court's order under (1), (2), or (3) of this 12 subsection; under this paragraph, 13 (A) except as provided in (B) of this paragraph, the court 14 may not refuse to make an order of restitution [UNDER THIS PARAGRAPH] 15 to benefit the victim of the act of the minor that is the basis of the delinquency 16 adjudication; and 17 (B) the court may not order payment of restitution by the 18 parent of a minor who is a runaway or missing minor for an act of the 19 minor that was committed by the minor after the parent has made a 20 report to a law enforcement agency, as authorized by AS 47.10.141(a), that 21 the minor has run away or is missing; for purposes of this subparagraph, 22 "runaway or missing minor" means a minor who a parent reasonably 23 believes is absent from the minor's residence for the purpose of evading 24 the parent or who is otherwise missing from the minor's usual place of 25 abode without the consent of the parent; 26 (5) order the minor committed to the department for placement in an 27 adventure based education program established under AS 47.21.020 with conditions 28 the court considers appropriate concerning release upon satisfactory completion of the 29 program or commitment under (1) of this subsection if the program is not satisfactorily 30 completed; [OR] 31 (6) in addition to an order under (1) - (5) of this subsection, if the
01 delinquency finding is based on the minor's violation of AS 11.71.030(a)(3) or 02 11.71.040(a)(4), order the minor to perform 50 hours of community service; for 03 purposes of this paragraph, "community service" includes work 04 (A) defined as community service under AS 33.30.901; or 05 (B) that, on the recommendation of the city council or 06 traditional village council, would benefit persons within the city or village who 07 are elderly or disabled; or 08 (7) in addition to an order under (1) - (6) of this subsection, order 09 the minor's parent or guardian to comply with orders made under AS 47.10.079, 10 including participation in treatment under AS 47.10.079(b)(1). 11 * Sec. 4. AS 47.10 is amended by adding a new section to read: 12 Sec. 47.10.086. ENFORCEMENT OF RESTITUTION. A person who is a 13 recipient of a restitution order involving a minor found delinquent under AS 47.10.080 14 may enforce an order for restitution under AS 47.10.080 against the minor and the 15 minor's parent under AS 09.35 as if the order were a civil judgment enforceable by 16 execution. This section does not limit the authority of the court to otherwise enforce 17 orders of payment for restitution. An order of restitution enforced under this section 18 does not limit under other law the civil liability of the minor or the minor's parent as 19 a result of the delinquent conduct. 20 * Sec. 5. Rule 3(b), Alaska Delinquency Rules, is amended to read: 21 (b) PRESENCE OF JUVENILE AND OTHER PARTIES. The presence of 22 the juvenile is required unless the juvenile: 23 (1) waives the right to be present and the juvenile's presence is excused 24 by the court; or 25 (2) engages in conduct which justifies exclusion from the courtroom. 26 The presence of the parent or guardian is required [PREFERRED, BUT NOT 27 REQUIRED] unless excused by the court for good cause [SO ORDERS]. 28 * Sec. 6. Rule 8(b), Alaska Delinquency Rules, is amended to read: 29 (b) SUMMONS. Upon the filing of a petition for adjudication, the court shall 30 set a time for the arraignment on petition and shall, if the juvenile is not in custody, 31 issue a summons to be served with the petition compelling the attendance of the
01 juvenile. The court shall [MAY] issue a summons compelling the attendance of the 02 juvenile's parents or guardian at the hearing. If the summons and petition are not 03 contained in one document, the petition must be attached to and incorporated by 04 reference into the summons. The summons must contain a statement advising the 05 parties of their right to counsel. 06 * Sec. 7. Sections 5 and 6 of this Act take effect only if those sections receive the two- 07 thirds majority vote of each house required by art. IV, sec. 15, Constitution of the State of 08 Alaska. 09 * Sec. 8. Sections 1 - 4 of this Act take effect only if secs. 5 and 6 of this Act take effect. 10 * Sec. 9. If this Act takes effect, it takes effect immediately under AS 01.10.070(c).