CSHB 339(HES): "An Act relating to children-in-need-of-aid proceedings, including proceedings to terminate parental rights of incarcerated parents; and providing for an effective date."
00CS FOR HOUSE BILL NO. 339(HES) 01 "An Act relating to children-in-need-of-aid proceedings, including proceedings to 02 terminate parental rights of incarcerated parents; and providing for an effective 03 date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. PURPOSE. (a) The purpose of sec. 2 of this Act is to clarify statutes to 06 expressly recognize the Department of Health and Social Service's long-standing interpretation 07 of AS 47.10.010(a)(2)(A) that a parent cannot effectively care for a child unless the parent is 08 both willing and able to care for that child. Section 2 of this Act is expressly intended to 09 overrule the decision by the Alaska Supreme Court in In re S.A. and D.A. (Op. No. 4314, 10 January 26, 1996). 11 (b) The purpose of sec. 3 of this Act is to respond to the Alaska Supreme Court's 12 invitation in A.M. v. State of Alaska, 891 P.2d 815 (Alaska 1995) and Nada A. v. State of 13 Alaska, 660 P.2d 436 (Alaska 1983) to create a statutory basis for making incarceration a factor 14 that can be considered in termination proceedings concerning children in need of aid.
01 * Sec. 2. AS 47.10.010(a) is amended to read: 02 (a) Proceedings relating to a minor under 18 years of age residing or found in 03 the state are governed by this chapter, except as otherwise provided in this chapter, when 04 the court finds the minor 05 (1) to be a delinquent minor as a result of violating a criminal law of the 06 state or a municipality of the state; or 07 (2) to be a child in need of aid as a result of 08 (A) the child being habitually absent from home or refusing to 09 accept available care, or having no parent, guardian, custodian, or relative 10 [CARING OR] willing and able to provide care, including physical abandonment 11 by 12 (i) both parents, 13 (ii) the surviving parent, or 14 (iii) one parent if the other parent's rights and 15 responsibilities have been terminated under AS 25.23.180(c) or 16 AS 47.10.080 or voluntarily relinquished; 17 (B) the child being in need of medical treatment to cure, alleviate, 18 or prevent substantial physical harm, or in need of treatment for mental harm as 19 evidenced by failure to thrive, severe anxiety, depression, withdrawal, or 20 untoward aggressive behavior or hostility toward others, and the child's parent, 21 guardian, or custodian has knowingly failed to provide the treatment; 22 (C) the child having suffered substantial physical harm or if there 23 is an imminent and substantial risk that the child will suffer such harm as a result 24 of the actions done by or conditions created by the child's parent, guardian, or 25 custodian or the failure of the parent, guardian, or custodian adequately to 26 supervise the child; 27 (D) the child having been, or being in imminent and substantial 28 danger of being, sexually abused either by the child's parent, guardian, or 29 custodian, or as a result of conditions created by the child's parent, guardian, or 30 custodian, or by the failure of the parent, guardian, or custodian adequately to 31 supervise the child;
01 (E) the child committing delinquent acts as a result of pressure, 02 guidance, or approval from the child's parents, guardian, or custodian; 03 (F) the child having suffered substantial physical abuse or neglect 04 as a result of conditions created by the child's parent, guardian, or custodian. 05 * Sec. 3. AS 47.10.080(c) is amended to read: 06 (c) If the court finds that the minor is a child in need of aid, it shall 07 (1) order the minor committed to the department for placement in an 08 appropriate setting for a period of time not to exceed two years or in any event past the 09 date the minor becomes 19 years of age, except that the department may petition for and 10 the court may grant in a hearing (A) two-year extensions of commitment that do not 11 extend beyond the minor's 19th birthday if the extension is in the best interests of the 12 minor and the public; and (B) an additional one-year period of supervision past age 19 13 if the continued supervision is in the best interests of the person and the person consents 14 to it; the department may transfer the minor, in the minor's best interests, from one 15 placement setting to another, and the minor, the minor's parents or guardian, and the 16 minor's attorney are entitled to reasonable notice of the transfer; 17 (2) order the minor released to the minor's parents, guardian, or some 18 other suitable person, and, in appropriate cases, order the parents, guardian, or other 19 person to provide medical or other care and treatment; if the court releases the minor, 20 it shall direct the department to supervise the care and treatment given to the minor, but 21 the court may dispense with the department's supervision if the court finds that the adult 22 to whom the minor is released will adequately care for the minor without supervision; 23 the department's supervision may not exceed two years or in any event extend past the 24 date the minor reaches age 19, except that the department may petition for and the court 25 may grant in a hearing 26 (A) two-year extensions of supervision that do not extend beyond 27 the minor's 19th birthday if the extension is in the best interests of the minor and 28 the public; and 29 (B) an additional one-year period of supervision past age 19 if the 30 continued supervision is in the best interests of the person and the person 31 consents to it; or
01 (3) by order, upon a showing in the adjudication by clear and convincing 02 evidence that there is a child in need of aid under AS 47.10.010(a)(2) as a result of 03 parental conduct or incarceration, and upon a showing in the disposition by clear and 04 convincing evidence that the parental conduct or the period of incarceration is likely 05 to continue to exist sufficiently long to seriously damage the parent and child 06 relationship or to cause serious emotional or physical harm to the child if there is 07 no termination of parental rights, terminate parental rights and responsibilities of one or 08 both parents and commit the child to the department or to a legally appointed guardian 09 of the person of the child, and the department or guardian shall report annually to the 10 court on efforts being made to find a permanent placement for the child. 11 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).