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SCS CSHB 202(FIN): "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."

00 SENATE CS FOR CS FOR HOUSE BILL NO. 202(FIN)                                                                            
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.  REVISOR'S INSTRUCTIONS.  In the event SCS CSSSHB 387 (JUD), passed                                        
07 by the Nineteenth Alaska State Legislature, becomes law, the following instructions apply.                              
08 AS 47.10.079, enacted by sec. 2 of this Act, and AS  47.10.086, enacted by sec. 4 of this Act,                          
09 shall be placed in AS 47.12, and  cross-references to those sections shall be conformed to the                          
10 renumbering.  In AS 47.10.079, enacted by sec. 2 of this Act,  the references to                                        
11 AS 47.10.010(a)(1) and AS 47.10.080(b) shall be changed to AS 47.12.020 and                                             
12 AS 47.12.120, respectively.  The amendment made to AS 47.10.080(b) by sec. 3 of this Act                                
13 shall be treated as an amendment to AS 47.12.120.  In AS 47.10.086, enacted by sec. 4 of this                           
14 Act, the references to AS 47.10.080 shall be changed to AS 47.12.120.                                                   
15    * Sec. 8.  Sections 5 and 6 of this Act take effect only if those sections receive the two-                          
16 thirds majority vote of each house required by art. IV, sec. 15, Constitution of the State of                           
17 Alaska.                                                                                                                 
18    * Sec. 9.  Sections 1 - 4 and 7 of this Act take effect only if secs. 5 and 6 of this Act take                       
19 effect.                                                                                                                 
20    * Sec. 10.  If this Act takes effect, it takes effect immediately under AS 01.10.070(c).