CSSSHB 387(HES): "An Act relating to minors and to offenses committed by minors, and to programs relating to minors; authorizing municipalities to establish curfews for minors by ordinance; relating to enforcement of the compulsory school attendance law; and amending Rules 3(b) and 23(d), Alaska Delinquency Rules."
00CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 387(HES) 01 "An Act relating to minors and to offenses committed by minors, and to 02 programs relating to minors; authorizing municipalities to establish curfews for 03 minors by ordinance; relating to enforcement of the compulsory school attendance 04 law; and amending Rules 3(b) and 23(d), Alaska Delinquency Rules." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 10.06.961(a) is amended to read: 07 (a) Notwithstanding AS 13.46.085 or the appointment of a guardian of the 08 property of the minor under AS 47.10.010(c), when a minor who is in the custody of 09 this state under AS 47.10.010 - 47.10.142 or AS 47.12 [AS 47.10.010(a)(2)] or of 10 another state under a provision similar to AS 47.10.010 - 47.10.142 or AS 47.12 11 [AS 47.10.010(a)(2)] becomes entitled to receive dividends or other distributions 12 resulting from the ownership of stock or a membership in a corporation organized 13 under this chapter and under 43 U.S.C. 1601 - 1641 (Alaska Native Claims Settlement 14 Act), the corporation paying the dividends or making the other distributions shall retain
01 the dividends and other distributions in an interest bearing account for the benefit of 02 the minor during the state custody. 03 * Sec. 2. AS 12.62.900(11) is amended to read: 04 (11) "criminal justice information" means any of the following, other than 05 a court record, a record of traffic offenses maintained for the purpose of regulating 06 drivers' licenses, or a record of a juvenile subject to the jurisdiction of a [THE 07 JUVENILE] court under AS 47.12 [AS 47.10]: 08 (A) criminal history record information; 09 (B) nonconviction information; 10 (C) correctional treatment information; 11 (D) information relating to a person to be located, whether or not 12 that person is wanted in connection with the commission of a crime; 13 * Sec. 3. AS 14.30.030 is repealed and reenacted to read: 14 Sec. 14.30.030. TRUANCY VIOLATIONS. The governing body of a school 15 district, including a regional educational attendance area, shall establish procedures to 16 prevent and reduce truancy, and establish penalties for truancy violations. 17 * Sec. 4. AS 14.45.110 is amended by adding a new subsection to read: 18 (c) The person responsible for a religious or other private school shall establish 19 procedures to prevent and reduce truancy, and establish penalties for truancy violations. 20 * Sec. 5. AS 22.07.020(a) is amended to read: 21 (a) The court of appeals has appellate jurisdiction in actions and proceedings 22 commenced in the superior court involving: 23 (1) criminal prosecution; 24 (2) post-conviction relief; 25 (3) [CHILDREN'S COURT] matters under AS 47.12 26 [AS 47.10.010(a)(1)], including waiver of [CHILDREN'S COURT] jurisdiction over a 27 minor under AS 47.12.100 [AS 47.10]; 28 (4) extradition; 29 (5) habeas corpus; 30 (6) probation and parole; and 31 (7) bail.
01 * Sec. 6. AS 22.15.100 is amended to read: 02 Sec. 22.15.100. FUNCTIONS AND POWERS OF DISTRICT JUDGE AND 03 MAGISTRATE. Each district judge and magistrate has the power 04 (1) to issue writs of habeas corpus for the purpose of inquiring into the 05 cause of restraint of liberty, returnable before a judge of the superior court, and the same 06 proceedings shall be had on the writ as if it had been granted by the superior court judge 07 under the laws of the state in such cases; 08 (2) of a notary public; 09 (3) to issue marriage licenses and to solemnize marriages; 10 (4) to issue warrants of arrest, summons, and search warrants according 11 to manner and procedure prescribed by law and the supreme court; 12 (5) to act as an examining judge or magistrate in preliminary 13 examinations in criminal proceedings; to set, receive, and forfeit bail and to order the 14 release of defendants under bail; 15 (6) to act as a referee in matters and actions referred to the judge or 16 magistrate by the superior court, with all powers conferred upon referees by laws; 17 (7) of the superior court in all respects including but not limited to 18 contempts, attendance of witnesses, and bench warrants; 19 (8) to order the temporary detention of a minor, or take other action 20 authorized by law or rules of procedure, in cases arising under AS 47.10.010 - 47.10.142 21 or AS 47.12 [AS 47.10], when the minor is in a condition or surrounding dangerous or 22 injurious to the welfare of the minor or others that requires immediate action; the action 23 may be continued in effect until reviewed by the superior court in accordance with rules 24 of procedure governing these cases; 25 (9) to issue a temporary order for injunctive relief in cases involving 26 domestic violence as provided in AS 25.35.010 and 25.35.020; 27 (10) to review an administrative revocation of a person's driver's license 28 or nonresident privilege to drive, and an administrative refusal to issue an original 29 license, when designated as a hearing officer by the commissioner of public safety and 30 with the consent of the administrative director of the state court system. 31 * Sec. 7. AS 29.35 is amended by adding a new section to read:
01 Sec. 29.35.085. CURFEW. A municipality may, by ordinance, provide for a 02 curfew for persons under 18 years of age for whom the disabilities of minority have not 03 been removed for general purposes under AS 09.55.590 and who have not arrived at the 04 age of majority under AS 25.20.020. 05 * Sec. 8. AS 36.30.850(b)(11) is amended to read: 06 (11) agreements with providers of services under AS 44.47.250; 07 AS 47.07; AS 47.08; AS 47.10; AS 47.12; AS 47.17; AS 47.24; AS 47.25.195, and 08 47.25.310; 09 * Sec. 9. AS 43.23.065(b) is amended to read: 10 (b) An exemption is not available under this section for permanent fund 11 dividends taken to satisfy 12 (1) child support obligations required by court order or decision of the 13 child support enforcement agency under AS 25.27.140 - 25.27.220; 14 (2) court ordered restitution under AS 12.55.045 - 12.55.051, 12.55.100, 15 or AS 47.12.120(b)(4) [AS 47.10.080(b)(4)]; 16 (3) claims on defaulted scholarship loans under AS 43.23.067; 17 (4) court ordered fines; 18 (5) writs of execution under AS 09.35 of a judgment that is entered 19 (A) against a minor in a civil action to recover damages and court 20 costs; 21 (B) under AS 34.50.020 against the parent, parents, or legal 22 guardian of an unemancipated minor; 23 (6) a debt owed by an eligible individual to an agency of the state, unless 24 the debt is contested and an appeal is pending, or the time limit for filing an appeal has 25 not expired. 26 * Sec. 10. AS 44.21.410(a) is amended to read: 27 (a) The office of public advocacy shall 28 (1) perform the duties of the public guardian under AS 13.26.360 - 29 13.26.410; 30 (2) provide visitors and experts in guardianship proceedings under 31 AS 13.26.131;
01 (3) provide guardian ad litem services to children in child protection 02 actions under AS 47.17.030(e) and to wards and respondents in guardianship proceedings 03 who will suffer financial hardship or become dependent upon a government agency or 04 a private person or agency if the services are not provided at state expense under 05 AS 13.26.112; 06 (4) provide legal representation in guardianship proceedings to 07 respondents who are financially unable to employ attorneys under AS 13.26.106(b), to 08 indigent parties in cases involving child custody in which the opposing party is 09 represented by counsel provided by a public agency, to indigent parents or guardians of 10 a minor respondent in a commitment proceeding concerning the minor under 11 AS 47.30.775; 12 (5) provide legal representation and guardian ad litem services under 13 AS 25.24.310; in cases arising under AS 47.15 (Uniform Interstate Compact on 14 Juveniles); in cases involving petitions to adopt a minor under AS 25.23.125(b) or 15 petitions for the termination of parental rights on grounds set out in AS 25.23.180(c)(3); 16 in cases involving petitions to remove the disabilities of a minor under AS 09.55.590; 17 in children's proceedings under AS 47.10.050(a) or under AS 47.12.090(a) or (b); and 18 in cases involving indigent persons who are entitled to representation under 19 AS 18.85.100 and who cannot be represented by the public defender agency because of 20 a conflict of interests; 21 (6) develop and coordinate a program to recruit, select, train, assign, and 22 supervise volunteer guardians ad litem from local communities to aid in delivering 23 services in cases in which the office of public advocacy is appointed as guardian ad 24 litem; 25 (7) provide guardian ad litem services in proceedings under 26 AS 12.45.046; 27 (8) establish a fee schedule and collect fees for services provided by the 28 office, except as provided in AS 18.85.120 or when imposition or collection of a fee is 29 not in the public interest as defined under regulations adopted by the commissioner of 30 administration; 31 (9) provide visitors and guardians ad litem in proceedings under
01 AS 47.30.839; 02 (10) provide legal representation to indigent parents under 03 AS 14.30.195(e). 04 * Sec. 11. AS 44.29.022(a) is amended to read: 05 (a) The commissioner of health and social services may establish by regulation 06 a schedule of reasonable fees for services provided by the Department of Health and 07 Social Services under AS 44.29.020(a)(1) - (8), AS 47.10, AS 47.12, AS 47.30.655 - 08 47.30.910, and AS 47.80.100 - 47.80.170. The fee established for a service may not 09 exceed the actual cost of providing the service. The commissioner may define or 10 establish the "actual cost of providing a service" by regulation. The Department of 11 Health and Social Services shall charge and collect the fees established under this 12 subsection. The department may waive collection of a fee upon a finding that collection 13 is not economically feasible or in the public interest. 14 * Sec. 12. AS 44.41.025(c) is amended to read: 15 (c) The department may enter into the Alaska automated fingerprint identification 16 system the fingerprints of a minor whose fingerprints are taken under AS 47.12.210 17 [AS 47.10.097]. 18 * Sec. 13. AS 44.47.200 is amended to read: 19 Sec. 44.47.200. LEGAL ASSISTANCE AND JUVENILE JUSTICE GRANT 20 FUND. There is created in the department the legal assistance and juvenile justice grant 21 fund. From legislative appropriations to the fund, the department shall make grants 22 (1) to eligible communities and regions for the purpose of enabling them 23 to obtain legal assistance; and 24 (2) to a nonprofit corporation established under AS 47.12.400 25 [AS 47.10.265] to operate as a youth court. 26 * Sec. 14. AS 44.47.210(b) is amended to read: 27 (b) Nonprofit corporations proposing to establish and operate youth courts under 28 AS 47.12.400 [AS 47.10.265] may apply to the department for an organizational grant 29 under AS 44.47.200(2). A grant under this subsection must be matched on a dollar-for- 30 dollar basis by the grantee in cash or in kind. The commissioner may waive the match required 31 under this subsection on a showing satisfactory to the commissioner by the prospective applicant
01 that matching funds are not available. 02 * Sec. 15. AS 44.47.220(b) is amended to read: 03 (b) Grants made under AS 44.47.200(2) shall be used to defray the costs of 04 organization of youth courts under AS 47.12.400 [AS 47.10.265]. The department shall 05 assure that the grant is spent for necessary organizational assistance and that appropriate 06 accounting procedures are maintained. Grants made under AS 44.47.200(2) and this 07 subsection may not exceed $5,000. Only one grant may be made to a grantee under 08 authority of this subsection. 09 * Sec. 16. AS 47.10.010(a) is amended to read: 10 (a) Proceedings relating to a minor under 18 years of age residing or found in 11 the state are governed by AS 47.10.010 - 47.10.142 [THIS CHAPTER], except as 12 otherwise provided in AS 47.10.010 - 47.10.142 [THIS CHAPTER], when the court 13 finds the minor 14 [(1) TO BE A DELINQUENT MINOR AS A RESULT OF 15 VIOLATING A CRIMINAL LAW OF THE STATE OR A MUNICIPALITY OF THE 16 STATE; OR 17 (2)] to be a child in need of aid as a result of 18 (1) [(A)] the child being habitually absent from home or refusing to 19 accept available care, or having no parent, guardian, custodian, or relative caring or 20 willing to provide care, including physical abandonment by 21 (A) [(i)] both parents, 22 (B) [(ii)] the surviving parent, or 23 (C) [(iii)] one parent if the other parent's rights and 24 responsibilities have been terminated under AS 25.23.180(c) or AS 47.10.080 or 25 voluntarily relinquished; 26 (2) [(B)] the child being in need of medical treatment to cure, alleviate, 27 or prevent substantial physical harm, or in need of treatment for mental harm as 28 evidenced by failure to thrive, severe anxiety, depression, withdrawal, or untoward 29 aggressive behavior or hostility toward others, and the child's parent, guardian, or 30 custodian has knowingly failed to provide the treatment; 31 (3) [(C)] the child having suffered substantial physical harm or if there
01 is an imminent and substantial risk that the child will suffer such harm as a result of the 02 actions done by or conditions created by the child's parent, guardian, or custodian or the 03 failure of the parent, guardian, or custodian adequately to supervise the child; 04 (4) [(D)] the child having been, or being in imminent and substantial 05 danger of being, sexually abused either by the child's parent, guardian, or custodian, or 06 as a result of conditions created by the child's parent, guardian, or custodian, or by the 07 failure of the parent, guardian, or custodian adequately to supervise the child; 08 (5) [(E)] the child committing delinquent acts as a result of pressure, 09 guidance, or approval from the child's parents, guardian, or custodian; 10 (6) [(F)] the child having suffered substantial physical abuse or neglect 11 as a result of conditions created by the child's parent, guardian, or custodian. 12 * Sec. 17. AS 47.10.020(a) is amended to read: 13 (a) Whenever circumstances subject a minor to the jurisdiction of AS 47.10.010 - 14 47.10.142, the court shall 15 [(1) PROVIDE, UNDER PROCEDURES ADOPTED BY COURT 16 RULE, THAT, FOR A MINOR WHO IS ALLEGED TO BE A DELINQUENT MINOR 17 UNDER AS 47.10.010(a)(1), A STATE AGENCY SHALL MAKE A PRELIMINARY 18 INQUIRY TO DETERMINE IF ANY ACTION IS APPROPRIATE AND MAY TAKE 19 APPROPRIATE ACTION TO ADJUST OR DISPOSE OF THE MATTER WITHOUT 20 A COURT HEARING; IF, UNDER THIS PARAGRAPH, 21 (A) THE STATE AGENCY MAKES A PRELIMINARY 22 INQUIRY AND TAKES APPROPRIATE ACTION TO ADJUST OR DISPOSE 23 OF THE MATTER WITHOUT A COURT HEARING, THE MINOR MAY 24 NOT BE DETAINED OR TAKEN INTO CUSTODY AS A CONDITION OF 25 THE ADJUSTMENT OR DISPOSITION AND, SUBJECT TO (d) OF THIS 26 SECTION, THE MATTER SHALL BE CLOSED BY THE AGENCY IF THE 27 MINOR SUCCESSFULLY COMPLETES ALL THAT IS REQUIRED OF THE 28 MINOR BY THE AGENCY IN THE ADJUSTMENT OR DISPOSITION; IN 29 A MUNICIPALITY OR MUNICIPALITIES IN WHICH A YOUTH COURT 30 HAS BEEN ESTABLISHED UNDER AS 47.10.265, ADJUSTMENT OR 31 DISPOSITION OF THE MATTER UNDER THIS PARAGRAPH MAY
01 INCLUDE REFERRAL TO THE YOUTH COURT; 02 (B) THE AGENCY CONCLUDES THAT THE MATTER MAY 03 NOT BE ADJUSTED OR DISPOSED OF WITHOUT A COURT HEARING, 04 THE AGENCY MAY FILE A PETITION UNDER (2) OF THIS SUBSECTION 05 SETTING OUT THE FACTS; OR 06 (2)] appoint a competent person or agency to make a preliminary inquiry 07 and report for the information of the court to determine whether the interests of the 08 public or of the minor require that further action be taken; if, under this subsection 09 [PARAGRAPH], the court appoints a person or agency to make a preliminary inquiry 10 and to report to it, then upon the receipt of the report, the court may informally adjust 11 or dispose of the matter without a hearing, or it may authorize the person having 12 knowledge of the facts of the case to file with the court a petition setting out the facts; 13 if the court informally adjusts or disposes of the matter, the minor may not be detained 14 or taken into the custody of the court as a condition of the adjustment or disposition, and 15 the matter shall be closed by the court upon adjustment or disposition. 16 * Sec. 18. AS 47.10.020(b) is amended to read: 17 (b) The petition and all subsequent pleadings shall be styled as follows: "In the 18 matter of . . . . . . . . . . . . . . . . . . . . . . . ., a minor under 18 years of age." The 19 petition may be executed upon the petitioner's information and belief, and must be 20 verified. It must include the following information: 21 (1) the name, address, and occupation of the petitioner, together with the 22 petitioner's relationship to the minor, and the petitioner's interest in the matter; 23 (2) the name, age, and address of the minor; 24 (3) a brief statement of the facts that bring the minor within 25 AS 47.10.010 - 47.10.142 [THIS CHAPTER]; 26 (4) the names and addresses of the minor's parents; 27 (5) the name and address of the minor's guardian, or of the person having 28 control or custody of the minor. 29 * Sec. 19. AS 47.10.030(b) is amended to read: 30 (b) In all cases under AS 47.10.010 - 47.10.142, [THIS CHAPTER] the minor, 31 each parent of the minor, and the guardian of the minor shall be given notice adequate
01 to give actual notice of the proceedings and the possibility of termination of parental 02 rights and responsibilities, taking into account education and language differences that 03 are known or reasonably ascertainable by the petitioner or the department. The notice 04 of the hearing must contain all names by which the minor has been identified. Notice 05 shall be given in the manner appropriate under rules of civil procedure for the service 06 of process in a civil action under Alaska law or in any manner the court by order directs. 07 Proof of the giving of the notice shall be filed with the court before the petition is heard. 08 The court may also subpoena the parent of the minor, or any other person whose 09 testimony may be necessary at the hearing. A subpoena or other process may be served 10 by a person authorized by law to make the service, and where personal service cannot 11 be made, the court may direct that service of process be in a manner appropriate under 12 rules of civil procedure for the service of process in a civil action under Alaska law or 13 in any manner the court directs. 14 * Sec. 20. AS 47.10.050(a) is amended to read: 15 (a) Whenever in the course of proceedings instituted under AS 47.10.010 - 16 47.10.142 [THIS CHAPTER] it appears to the court that the welfare of a minor will be 17 promoted by the appointment of an attorney to represent the minor or an attorney or 18 other person to serve as guardian ad litem, the court may make the appointment. 19 Appointment of a guardian ad litem or attorney shall be made under the terms of 20 AS 25.24.310. 21 * Sec. 21. AS 47.10.070(a) is amended to read: 22 (a) The court may conduct the hearing on the petition in an informal manner 23 in the courtroom or in chambers. [A HEARING MAY BE HELD BEFORE A YOUNG 24 ADULT ADVISORY PANEL IN ACCORDANCE WITH AS 47.10.075.] The court 25 shall give notice of the hearing to the department and it may send a representative to the 26 hearing. The court shall also transmit a copy of the petition to the department. The 27 representative of the department may also be heard at the hearing. The public shall be 28 excluded from the hearing, but the court, in its discretion, may permit individuals to 29 attend a hearing [,] if their attendance is compatible with the best interests of the minor. 30 [NOTHING IN THIS SECTION MAY BE APPLIED IN SUCH A WAY AS TO DENY 31 A CHILD'S RIGHTS TO A PUBLIC TRIAL AND TO A TRIAL BY JURY.]
01 * Sec. 22. AS 47.10.080(a) is amended to read: 02 (a) The court, at the conclusion of the hearing, or thereafter as the circumstances 03 of the case may require, shall find and enter a judgment that the minor is or is not 04 [DELINQUENT OR] a child in need of aid. 05 * Sec. 23. 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 custody 13 [SUPERVISION] past age 19 if the continued custody [SUPERVISION] is in the best 14 interests of the person and the person consents to it; the department may transfer the 15 minor, in the minor's best interests, from one placement setting to another, and the minor, 16 the minor's parents or guardian, and the minor's attorney are entitled to reasonable notice 17 of the transfer; 18 (2) order the minor released to the minor's parents, guardian, or some 19 other suitable person, and, in appropriate cases, order the parents, guardian, or other 20 person to provide medical or other care and treatment; if the court releases the minor, 21 it shall direct the department to supervise the care and treatment given to the minor, but 22 the court may dispense with the department's supervision if the court finds that the adult 23 to whom the minor is released will adequately care for the minor without supervision; 24 the department's supervision may not exceed two years or in any event extend past the 25 date the minor reaches age 19, except that the department may petition for and the court 26 may grant in a hearing 27 (A) two-year extensions of supervision that do not extend beyond 28 the minor's 19th birthday if the extension is in the best interests of the minor and 29 the public; and 30 (B) an additional one-year period of supervision past age 19 if the 31 continued supervision is in the best interests of the person and the person
01 consents to it; or 02 (3) by order, upon a showing in the adjudication by clear and convincing 03 evidence that there is a child in need of aid under AS 47.10.010(a) [AS 47.10.010(a)(2)] 04 as a result of parental conduct and upon a showing in the disposition by clear and 05 convincing evidence that the parental conduct is likely to continue to exist if there is no 06 termination of parental rights, terminate parental rights and responsibilities of one or both 07 parents and commit the child to the department or to a legally appointed guardian of the 08 person of the child, and the department or guardian shall report annually to the court on 09 efforts being made to find a permanent placement for the child. 10 * Sec. 24. AS 47.10.080(e) is amended to read: 11 (e) If the court finds that the minor is not [DELINQUENT OR] a child in need 12 of aid, it shall immediately order the minor released from the department's custody and 13 returned to the minor's parents, guardian, or custodian, and dismiss the case. 14 * Sec. 25. AS 47.10.080(f) is amended to read: 15 (f) A minor found to be [DELINQUENT OR] a child in need of aid is a ward 16 of the state while committed to the department or the department has the power to 17 supervise the minor's actions. The court shall review an order made under [(b) OR] 18 (c)(1) or (2) of this section annually, and may review the order more frequently to 19 determine if continued placement [, PROBATION,] or custody [SUPERVISION], as it 20 is being provided, is in the best interest of the minor [AND THE PUBLIC]. If annual 21 review under this subsection would arise within 90 days of the hearing required under 22 (l) of this section, the court may postpone review under this subsection until the time set 23 for the hearing. The department, the minor, the minor's parents, guardian, or custodian 24 are entitled, when good cause is shown, to a review on application. If the application 25 is granted, the court shall afford these parties and their counsel reasonable notice in 26 advance of the review and hold a hearing where these parties and their counsel shall be 27 afforded an opportunity to be heard. The minor shall be afforded the opportunity to be 28 present at the review. 29 * Sec. 26. AS 47.10.080(g) is amended to read: 30 (g) [AN ADJUDICATION UNDER THIS CHAPTER UPON THE STATUS OF 31 A CHILD MAY NOT OPERATE TO IMPOSE ANY OF THE CIVIL DISABILITIES
01 ORDINARILY IMPOSED BY CONVICTION UPON A CRIMINAL CHARGE, NOR 02 MAY A MINOR AFTERWARD BE CONSIDERED A CRIMINAL BY THE 03 ADJUDICATION, NOR MAY THE ADJUDICATION BE AFTERWARD DEEMED 04 A CONVICTION, NOR MAY A MINOR BE CHARGED WITH OR CONVICTED OF 05 A CRIME IN A COURT, EXCEPT AS PROVIDED IN THIS CHAPTER.] The 06 commitment and placement of a child and evidence given in the court in a proceeding 07 under AS 47.10.010 - 47.10.142 are not admissible as evidence against the minor in a 08 subsequent case or proceedings in any other court [, NOR DOES THE COMMITMENT 09 AND PLACEMENT OR EVIDENCE OPERATE TO DISQUALIFY A MINOR IN A 10 FUTURE CIVIL SERVICE EXAMINATION OR APPOINTMENT IN THE STATE]. 11 * Sec. 27. AS 47.10.080(i) is amended to read: 12 (i) A minor, the minor's parents or guardian acting on the minor's behalf, or the 13 department may appeal a judgment or order, or the stay, modification, setting aside, 14 revocation, or enlargement of a judgment or order issued by the court under 15 AS 47.10.010 - 47.10.142 [THIS CHAPTER]. 16 * Sec. 28. AS 47.10.080(l) is amended to read: 17 (l) Within 18 months after the date a child is initially taken into custody by the 18 department under AS 47.10.142(c) or committed to the custody of the department under 19 [(b)(3),] (c)(1) [,] or [(c)] (3) of this section [,] or AS 47.10.230(c), the court shall hold 20 a hearing to review the placement and services provided and to determine the future 21 status of the minor. The court shall make appropriate written findings, including findings 22 related to the following: 23 (1) whether the child should be returned to the parent; 24 (2) whether the child should remain in out-of-home care for a specified 25 period; 26 (3) whether the child should remain in out-of-home care on a permanent 27 or long-term basis because of special needs or circumstances; 28 (4) whether the child should be placed for adoption or legal guardianship. 29 * Sec. 29. AS 47.10.082 is amended to read: 30 Sec. 47.10.082. BEST INTERESTS OF CHILD AND OTHER 31 CONSIDERATIONS. [IN MAKING ITS DISPOSITIONAL ORDER UNDER
01 AS 47.10.080(b) THE COURT SHALL CONSIDER THE BEST INTERESTS OF THE 02 CHILD AND THE PUBLIC.] In making its dispositional order under AS 47.10.080(c), 03 the court shall consider 04 (1) the best interests of the child; and 05 (2) [. IN EITHER CASE THE COURT SHALL CONSIDER ALSO] 06 the ability of the state to take custody and to care for the child to protect the child's best 07 interests under AS 47.10.010 - 47.10.142. 08 * Sec. 30. AS 47.10.084(a) is amended to read: 09 (a) When a child is committed under AS 47.10.080(c)(1) [AS 47.10.080(b)(1) 10 OR (c)(1)] to the department, [OR] released under AS 47.10.080(c)(2) 11 [AS 47.10.080(b)(2) OR (3) OR (c)(2)] to the child's parents, guardian, or other suitable 12 person, or committed to the department or to a legally appointed guardian of the 13 person of the child under AS 47.10.080(c)(3), a relationship of legal custody exists. 14 This relationship imposes on the department and its authorized agents or the parents, 15 guardian, or other suitable person the responsibility of physical care and control of the 16 child, the determination of where and with whom the child shall live, the right and duty 17 to protect, train, and discipline the child, and the duty of providing the child with food, 18 shelter, education, and medical care. These obligations are subject to any residual 19 parental rights and responsibilities and rights and responsibilities of a guardian if one has 20 been appointed. When a child is committed to the department and the department places 21 the child with the child's parent, the parent has the responsibility to provide and pay for 22 food, shelter, education, and medical care for the child. When parental rights have been 23 terminated, or there are no living parents and no guardian has been appointed, the 24 responsibilities of legal custody include those in (b) and (c) of this section. The 25 department or person having legal custody of the child may delegate any of the 26 responsibilities under this section, except authority to consent to marriage, adoption, and 27 military enlistment may not be delegated. For purposes of AS 47.10.010 - 47.10.142, 28 [THIS CHAPTER] a person in charge of a placement setting is an agent of the 29 department. 30 * Sec. 31. AS 47.10.090(c) is amended to read: 31 (c) Within 30 days of the date of a minor's 18th birthday or, if the court retains
01 jurisdiction of a minor past the minor's 18th birthday, within 30 days of the date on 02 which the court releases jurisdiction over the minor, the court shall order all the court's 03 official records pertaining to that minor in a proceeding under AS 47.10.010 - 04 47.10.142 sealed [, AS WELL AS RECORDS OF ALL DRIVER'S LICENSE 05 PROCEEDINGS UNDER AS 28.15.185, CRIMINAL PROCEEDINGS AGAINST THE 06 MINOR, AND PUNISHMENTS ASSESSED AGAINST THE MINOR]. A person may 07 not use these sealed records for any purpose except that the court may order their use 08 for good cause shown [OR MAY ORDER THEIR USE BY AN OFFICER OF THE 09 COURT IN MAKING A PRESENTENCING REPORT FOR THE COURT. THE 10 PROVISIONS OF THIS SUBSECTION RELATING TO THE SEALING OF 11 RECORDS DO NOT APPLY TO RECORDS OF TRAFFIC OFFENSES]. 12 * Sec. 32. AS 47.10.090(d) is amended to read: 13 (d) The name or picture of a minor under the jurisdiction of the court may not 14 be made public in connection with the minor's status as a [DELINQUENT CHILD OR 15 A] child in need of aid unless authorized by order of the court. 16 * Sec. 33. AS 47.10.090(e) is amended to read: 17 (e) The court's official records under AS 47.10.010 - 47.10.142 [THIS 18 CHAPTER] may be inspected only with the court's permission and only by persons 19 having a legitimate interest in them. [A PERSON WITH A LEGITIMATE INTEREST 20 IN THE INSPECTION OF AN OFFICIAL RECORD MAINTAINED BY THE COURT 21 INCLUDES A VICTIM WHO SUFFERED PHYSICAL INJURY OR WHOSE REAL 22 OR PERSONAL PROPERTY WAS DAMAGED AS A RESULT OF AN OFFENSE 23 THAT WAS THE BASIS OF AN ADJUDICATION OR MODIFICATION OF 24 DISPOSITION. IF THE VICTIM KNOWS THE IDENTITY OF THE MINOR, 25 IDENTIFIES THE MINOR OR THE OFFENSE TO THE COURT, AND CERTIFIES 26 THAT THE INFORMATION IS BEING SOUGHT TO CONSIDER OR SUPPORT A 27 CIVIL ACTION AGAINST THE MINOR OR AGAINST THE MINOR'S PARENTS 28 OR GUARDIANS UNDER AS 34.50.020, THE COURT SHALL, SUBJECT TO 29 AS 12.61.110 AND 12.61.140, ALLOW THE VICTIM TO INSPECT AND USE THE 30 FOLLOWING RECORDS AND INFORMATION IN CONNECTION WITH THE 31 CIVIL ACTION:
01 (1) A PETITION FILED UNDER AS 47.10.010(a)(1) SEEKING TO 02 HAVE THE COURT DECLARE THE MINOR A DELINQUENT; 03 (2) A PETITION FILED UNDER AS 47.10.080 SEEKING TO HAVE 04 THE COURT MODIFY OR REVOKE THE MINOR'S PROBATION; 05 (3) A PETITION FILED UNDER AS 47.10.060 REQUESTING THE 06 COURT TO FIND THAT A MINOR IS NOT AMENABLE TO TREATMENT UNDER 07 THIS CHAPTER AND THAT RESULTS IN CLOSURE OF A CASE UNDER 08 AS 47.10.060(a); AND 09 (4) A COURT JUDGMENT OR ORDER ENTERED UNDER 10 AS 47.10.010 - 47.10.142 THAT DISPOSES OF A PETITION IDENTIFIED IN (1) - 11 (3) OF THIS SUBSECTION.] 12 * Sec. 34. AS 47.10.093(a) is amended to read: 13 (a) Except as specified in AS 47.10.092 and (b) - (g) [(b) - (f) AND (h)] of this 14 section, all information and social records pertaining to a minor who is subject to 15 AS 47.10.010 - 47.10.142 [THIS CHAPTER] or AS 47.17 prepared by or in the 16 possession of a federal, state, or municipal agency or employee in the discharge of the 17 agency's or employee's official duty [, INCLUDING DRIVER'S LICENSE ACTIONS 18 UNDER AS 28.15.185,] are privileged and may not be disclosed directly or indirectly 19 to anyone without a court order. 20 * Sec. 35. AS 47.10.100(c) is amended to read: 21 (c) If a minor is adjudicated [A DELINQUENT OR] a child in need of aid 22 before the minor's 18th birthday, the court may retain jurisdiction over the minor after 23 the minor's 18th birthday for the purpose of supervising the minor [MINOR'S 24 REHABILITATION], but the court's jurisdiction over the minor under this chapter never 25 extends beyond the minor's 19th birthday, except that the department may apply for and 26 the court may grant an additional one-year period of supervision past age 19 if continued 27 supervision is in the best interests of the person and the person consents to it. The 28 department may retain jurisdiction over a child between the child's 18th and 19th 29 birthdays for the purpose of supervising the child [CHILD'S REHABILITATION], if the 30 child has been placed under the supervision of the department before the child's 18th 31 birthday, except that the department may apply for and the court may grant an additional
01 one-year period of supervision past age 19 if continued supervision is in the best interests 02 of the person and the person consents to it. 03 * Sec. 36. AS 47.10.110 is amended to read: 04 Sec. 47.10.110. APPOINTMENT OF GUARDIAN OR CUSTODIAN. When, 05 in the course of a proceeding under AS 47.10.010 - 47.10.142 [THIS CHAPTER], it 06 appears to the court that the welfare of a minor will be promoted by the appointment of 07 a guardian or custodian of the minor's person, the court may make the appointment. The 08 court shall have a summons issued and served upon the parents of the minor, if they can 09 be found, in a manner and within a time before the hearing that the court considers 10 reasonable. The court may determine whether the father, mother, or the department shall 11 have the custody and control of the minor. If the minor is of sufficient age and 12 intelligence to state desires, the court shall consider them. 13 * Sec. 37. AS 47.10.120(a) is amended to read: 14 (a) When a child in need of aid [OR A DELINQUENT MINOR] is committed 15 under AS 47.10.010 - 47.10.142 [THIS CHAPTER], the court shall, after giving the 16 parent or legal guardian a reasonable opportunity to be heard, adjudge that the parent or 17 guardian pay to the department in a manner that the court directs a sum [THAT IS 18 BASED ON THE FEE SCHEDULE ADOPTED UNDER AS 44.29.022] to cover in full 19 or in part the maintenance and care of the child or minor. The support obligation shall 20 be calculated under Rule 90.3(i) of the Alaska Rules of Civil Procedure. 21 * Sec. 38. AS 47.10.141(b) is amended to read: 22 (b) A peace officer shall take into protective custody a minor described in (a) 23 of this section if the minor is not otherwise subject to arrest or detention. Unless (c) of 24 this section applies, when a peace officer takes a minor into protective custody under 25 this subsection, 26 (1) the peace officer shall exercise the officer's discretion and shall 27 (A) [AND (1)] return the minor to the minor's parent or 28 guardian [LEGAL CUSTODIAN] if the minor and the minor's parent or 29 guardian consent [LEGAL CUSTODIAN CONSENTS] to the return, except 30 that the officer may not use this option if the officer has reasonable cause to 31 believe [SUSPECT] that the minor has experienced physical or sexual abuse in
01 the parent's or guardian's [LEGAL CUSTODIAN'S] household; 02 (B) [(2)] take the minor to a nearby location agreed to by the 03 minor and the minor's parent or guardian [LEGAL CUSTODIAN]; or 04 (C) [(3)] take the minor to 05 (i) an office specified by the Department of Health and 06 Social Services; 07 (ii) [,] a program for runaway minors licensed by the 08 department under AS 47.10.310; 09 (iii) [,] a shelter for runaways that has a permit from the 10 department under AS 47.35.085 that agrees to shelter the minor; 11 (iv) [, OR] a facility or contract agency of the department; 12 or 13 (v) another suitable location and promptly notify the 14 department, if [. IF] an office specified by the department, a licensed 15 program for runaway minors, a shelter for runaways that will accept the 16 minor, or a facility or contract agency of the department does not exist 17 in the community; 18 (2) a [, THE OFFICER SHALL TAKE THE MINOR TO ANOTHER 19 SUITABLE LOCATION AND PROMPTLY NOTIFY THE DEPARTMENT. A] minor 20 under protective custody may not be housed in a jail or other detention facility; 21 (3) the peace officer, immediately [. IMMEDIATELY] upon taking a 22 minor into protective custody, [THE OFFICER] shall 23 (A) advise the minor orally and in writing of the right to social 24 services under AS 47.10.142(b); [,] and 25 (B) [,] if the identity of the minor's parent or guardian is 26 known, [THE OFFICER SHALL] advise the minor's parent or guardian 27 [LEGAL CUSTODIAN] that the minor has been taken into protective custody 28 and that counseling services for the minor's parent or guardian [CUSTODIAN] 29 and the minor's household may be available under AS 47.10.142(b). 30 * Sec. 39. AS 47.10.141(c) is amended to read: 31 (c) A minor may be taken into emergency protective custody by a peace officer
01 and placed into temporary detention in a juvenile detention home in the local community 02 if there has been an order issued by a court under a finding of probable cause that (1) 03 the minor is a runaway in wilful violation of a valid court order issued under 04 AS 47.10.080(c)(1), 47.10.142(f), or AS 47.12.120(b)(1) or (3) [AS 47.10.080 OR 05 47.10.142(f)], (2) the minor's current situation poses a severe and imminent risk to the 06 minor's life or safety, and (3) no reasonable placement alternative exists within the 07 community. For the purposes of this subsection, a risk may not be considered severe and 08 imminent solely because of the general conditions for runaway minors in the community, 09 but shall be assessed in view of the specific behavior and situation of the minor. A 10 minor detained under this subsection shall be brought before a court on the day the 11 minor is detained, or if that is not possible, within 24 hours after the detention for a 12 hearing to determine the most appropriate placement in the best interests of the minor. 13 A minor taken into emergency protective custody under this subsection may not be 14 detained for more than 24 hours, except as provided under AS 47.10.140. Emergency 15 protective custody may not include placement of a minor in a jail or secure facility other 16 than a juvenile detention home, nor may an order for protective custody be enforced 17 against a minor who is residing in a licensed program for runaway minors, as defined 18 in AS 47.10.390. 19 * Sec. 40. AS 47.10.142(a) is amended to read: 20 (a) The Department of Health and Social Services may take emergency custody 21 of a minor upon discovering any of the following circumstances: 22 (1) the minor has been abandoned; 23 (2) the minor has been grossly neglected by the minor's parents or 24 guardian, as "neglect" is defined in AS 47.17.290, and the department determines that 25 immediate removal from the minor's surroundings is necessary to protect the minor's life 26 or provide immediate necessary medical attention; 27 (3) the minor has been subjected to child abuse or neglect by a person 28 responsible for the minor's welfare, as "child abuse or neglect" is defined in 29 AS 47.17.290, and the department determines that immediate removal from the minor's 30 surroundings is necessary to protect the minor's life or that immediate medical attention 31 is necessary; or
01 (4) the minor has been sexually abused under circumstances listed in 02 AS 47.10.010(a)(4) [AS 47.10.010(a)(2)(D)]. 03 * Sec. 41. AS 47.10.150 is amended to read: 04 Sec. 47.10.150. GENERAL POWERS OF DEPARTMENT OVER JUVENILE 05 INSTITUTIONS. The department may 06 (1) purchase, lease, or construct buildings or other facilities for the care, 07 detention, rehabilitation, and education of children in need of aid or delinquent minors; 08 (2) adopt plans for construction of juvenile homes, juvenile work camps, 09 juvenile detention facilities, and other juvenile institutions; 10 (3) adopt standards and regulations [UNDER THIS CHAPTER] for the 11 design, construction, repair, maintenance, and operation of all juvenile detention homes, 12 work camps, facilities, and institutions; 13 (4) inspect periodically each juvenile detention home, work camp, 14 facility, or other institution to ensure that the standards and regulations adopted are being 15 maintained; 16 (5) reimburse cities maintaining and operating juvenile detention homes, 17 work camps, and facilities; 18 (6) enter into contracts and arrangements with cities and state and federal 19 agencies to carry out the purposes of AS 47.10.150 - 47.10.220 [THIS CHAPTER]; 20 (7) do all acts necessary to carry out the purposes of AS 47.10.150 - 21 47.10.220 [THIS CHAPTER]; 22 (8) adopt the regulations necessary to carry out AS 47.10.150 - 47.10.220 23 [THIS CHAPTER]; 24 (9) accept donations, gifts, or bequests of money or other property for 25 use in construction of juvenile homes, work camps, institutions, or detention facilities; 26 (10) operate juvenile homes when municipalities are unable to do so; 27 (11) receive, care for, and place in a juvenile detention home, the minor's 28 own home, a foster home, or a correctional school, work camp, or treatment institution 29 all minors committed to its custody under this chapter and AS 47.12. 30 * Sec. 42. AS 47.10.160(a) is amended to read: 31 (a) The department shall
01 (1) accept all minors committed to the custody of the department and all 02 minors who are involved in a written agreement under AS 47.10.230(c), and provide for 03 the welfare, control, care, custody, and placement of these minors in accordance with this 04 chapter and AS 47.12; 05 (2) require and collect statistics on juvenile offenses and offenders in the 06 state; 07 (3) conduct studies and prepare findings and recommendations on the 08 need, number, type, construction, maintenance, and operating costs of juvenile homes, 09 work camps, facilities, and the other institutions, and adopt and submit a plan for 10 construction of the homes, work camps, facilities, and institutions when needed, together 11 with a plan for financing the construction programs; 12 (4) examine, where possible, all facilities, institutions, work camps, and 13 places of juvenile detention in the state and inquire into their methods and the 14 management of juveniles in them. 15 * Sec. 43. AS 47.10.220 is amended to read: 16 Sec. 47.10.220. GRANTS-IN-AID. The department may accept grants-in-aid 17 from the federal government or private foundations and may accept other gifts 18 consistent with the purposes of this chapter and AS 47.12. 19 * Sec. 44. AS 47.10.230(b) is amended to read: 20 (b) The department may pay the costs of maintenance that are necessary to 21 assure adequate care of the child, and may accept funds from the federal government 22 that are granted to assist in carrying out the purposes of this chapter and AS 47.12, 23 or that are paid under contract entered into with a federal department or agency. A 24 child under the care of the department may not be placed in a family home or 25 institution that does not maintain adequate standards of care. 26 * Sec. 45. AS 47.10.390(2) is amended to read: 27 (2) "runaway minor" means a person under 18 years of age who 28 (A) is habitually absent from home; 29 (B) refuses to accept available care; 30 (C) has no parent, guardian, custodian, or relative able or 31 willing to provide care; or
01 (D) has been physically abandoned by 02 (i) both parents; 03 (ii) the surviving parent; or 04 (iii) one parent if the other parent's rights and 05 responsibilities have been terminated under AS 25.23.180(c) or 06 AS 47.10.080(c)(3), [AS 47.10.080] or have been voluntarily 07 relinquished. 08 * Sec. 46. AS 47.10.440(a) is amended to read: 09 (a) A local panel shall review the case plan of each child in the custody of the 10 department who is in a placement other than the child's own home under 11 AS 47.10.080(c)(1) or (3) [AS 47.10.080(b)(3), (c)(1), OR (c)(3)], 47.10.142, [OR] 12 47.10.230(c), or AS 47.12.120(b)(3) if the case is under the jurisdiction of a court in 13 the judicial district served by the panel. A local panel may request a local panel in 14 another judicial district to conduct a review and make a report if that local panel is 15 more convenient for the child and other persons involved. 16 * Sec. 47. AS 47.10.440(f) is amended to read: 17 (f) During a review under (a) of this section, a local panel shall 18 (1) determine whether the child has a case plan designed to achieve 19 placement in the least restrictive, most family-like setting available in close proximity 20 to the home of the child's parents that is consistent with the best interests of and 21 special needs and circumstances of the child; 22 (2) evaluate the continuing necessity and appropriateness of the child's 23 placement, the extent of the compliance with the child's case plan, and the extent of 24 progress that has been made toward mitigating the causes that necessitated placement 25 away from the child's parents; 26 (3) ascertain the date by which it is likely the child may be returned 27 to the home or placed for adoption or legal guardianship; 28 (4) determine whether there has been compliance with applicable 29 provisions of 25 U.S.C. 1901 - 1963 (Indian Child Welfare Act) and other applicable 30 state and federal laws; and 31 (5) determine whether there has been compliance with court review
01 requirements of AS 47.10.080(f) and (l), [AND] 47.10.142(h), and AS 47.12.120(d) 02 and (g). 03 * Sec. 48. AS 47.10.440(h) is amended to read: 04 (h) The report required under (g) of this section must make advisory 05 recommendations based on the best interests of the child in accordance with 06 AS 47.10.082 and must include notification of the right to request court review under 07 AS 47.10.080(f) or AS 47.12.120(d), as appropriate. If the court has scheduled the 08 case for review, the local panel shall submit its report at least 20 days before the 09 hearing. 10 * Sec. 49. AS 47.10.460(a) is amended to read: 11 (a) Notwithstanding AS 47.10.090 and 47.10.093 and AS 47.12.300 and 12 47.12.310 [AS 47.10.090], at the request of a local panel, the department, the child's 13 guardian ad litem, and the court shall furnish to the local panel relevant records 14 concerning a child and the child's family who are the subjects of a local panel review. 15 At the conclusion of a review, all copies of records provided to a local panel under 16 this section shall be returned to the staff that serves the local panel or to the agency 17 from which the original copy was obtained unless the panel members need the copies 18 to prepare the reports required under AS 47.10.440(g) - (i). Copies retained for 19 preparation of the reports shall be returned to the staff that serves the local panel or 20 to the originating agency upon completion of the reports. Notwithstanding 21 AS 44.62.310, records and reports of the local panel, testimony before the local panel, 22 and deliberations of the local panel are confidential under AS 47.10.093 and 23 AS 47.12.310 [AS 47.10.090]. 24 * Sec. 50. AS 47.10.470 is amended to read: 25 Sec. 47.10.470. COURT REVIEW OF REPORT. (a) When a report is 26 admissible under court rules, the court may consider the report of the local panel in 27 its review under AS 47.10.080(f) or AS 47.12.120(d), as appropriate, and at other 28 disposition hearings other than hearings related to delinquency proceedings. 29 (b) The court may refer to the local panel a case called for a special review 30 under AS 47.10.080(f) or AS 47.12.120(d), as appropriate. 31 * Sec. 51. AS 47.10.490(2) is amended to read:
01 (2) "out-of-home care provider" means an agency or person, other than 02 the child's legal parents, with whom a child who is in the custody of the state under 03 AS 47.10.080(c)(1) or (3) [AS 47.10.080(b)(3), (c)(1), OR (c)(3)], 47.10.142, [OR] 04 47.10.230(c), or AS 47.12.120(b)(3) is currently placed; in this paragraph, "agency or 05 person" includes a foster parent, a relative other than a parent, a person who has 06 petitioned for adoption of the child, and a residential child care facility; 07 * Sec. 52. AS 47.10.990 is amended to read: 08 Sec. 47.10.990. DEFINITIONS. In this chapter, unless the context otherwise 09 requires, 10 (1) "care" or "caring" under AS 47.10.010(a)(1) 11 [AS 47.10.010(a)(2)(A)], 47.10.120(a), and 47.10.230(c) [,] means to provide for the 12 physical, emotional, mental, and social needs of the child; 13 (2) "child in need of aid" means a minor found to be within the 14 jurisdiction of the court under AS 47.10.010(a) [AS 47.10.010(a)(2)]; 15 (3) "court" means the superior court of the state; 16 (4) ["CRIME AGAINST A PERSON" MEANS AN OFFENSE SET 17 OUT IN AS 11.41; 18 (5)] "delinquent minor" means a minor found to be within the 19 jurisdiction of the court under AS 47.12 [AS 47.10.010(a)(1)]; 20 (5) [(6)] "department" means the Department of Health and Social 21 Services; 22 (6) [(7)] "juvenile detention facility" means separate quarters within 23 a city jail used for the detention of delinquent minors; 24 (7) [(8)] "juvenile detention home" or "detention home" is a separate 25 establishment, exclusively devoted to the detention of minors on a short-term basis and 26 not a part of an adult jail; 27 (8) [(9)] "juvenile work camp" means a separate residential 28 establishment, exclusively devoted to the detention of minors, in which the minors who 29 are 16 years of age or older and committed to the custody of the department and 30 placed in the facility may be required to labor on the buildings and grounds or perform 31 any other work or engage in any activities that do not conflict with regulations adopted
01 by the Department of Health and Social Services under this chapter for the care, 02 rehabilitation, education, and discipline of minors in detention; 03 (9) [(10)] "minor" means [IS] a person under 18 years of age; 04 (10) [(11)] "treatment facility" means a hospital, clinic, institution, 05 center, or other health care facility that has been designated by the department for the 06 treatment of juveniles [; 07 (12) "VICTIM" HAS THE MEANING GIVEN IN AS 12.55.185]. 08 * Sec. 53. AS 47 is amended by adding a new chapter to read: 09 CHAPTER 12. DELINQUENT MINORS. 10 ARTICLE 1. JUVENILE DELINQUENCY. 11 Sec. 47.12.010. PURPOSE OF CHAPTER. The purposes of this chapter are 12 (1) to protect the public and to reform juvenile offenders; 13 (2) to provide that, for the most common of offenses committed by 14 minors, those punishable as misdemeanors, resolution should require some form of 15 sanction, that the form of the sanction should be certain, that the imposition of the 16 sanction should be swift, and that the sanction may take the form of a reasonable claim 17 on the time and talents of the minor who has committed the offense; and 18 (3) to provide that counseling provided to the minor should, if 19 appropriate, include the minor's family or guardian, that the minor's family or guardian 20 has the right to offer suggestions and make recommendations for the correction of the 21 minor's behavior, and that the minor's family or guardian may be asked to participate 22 in supervision of the minor's treatment. 23 Sec. 47.12.020. JURISDICTION. Proceedings relating to a minor under 18 24 years of age residing or found in the state are governed by this chapter, except as 25 otherwise provided in this chapter, when the minor is alleged to be or may be 26 determined by a court to be a delinquent minor as a result of violating a criminal law 27 of the state or a municipality of the state. 28 Sec. 47.12.030. PROVISIONS INAPPLICABLE. (a) When a minor who was 29 at least 16 years of age at the time of the offense is arraigned on a charge for an 30 offense specified in this subsection, this chapter and the Alaska Delinquency Rules do 31 not apply to the offense for which the minor is arraigned or to any additional offenses
01 joinable to it under the applicable rules of court governing criminal procedure. The 02 minor shall be charged, prosecuted, and sentenced in the superior court in the same 03 manner as an adult unless the minor is convicted of some offense other than an offense 04 specified in this subsection, in which event the minor may attempt to prove, by a 05 preponderance of the evidence, that the minor is amenable to treatment under this 06 chapter. If the court finds that the minor is amenable to treatment under this chapter, 07 the minor shall be treated as though the charges had been heard under this chapter, and 08 the court shall order disposition of the charges of which the minor is convicted under 09 AS 47.12.120(b). The provisions of this subsection apply when the minor is arraigned 10 on a charge 11 (1) that is an unclassified felony or a class A felony and the felony is 12 a crime against a person; or 13 (2) of arson in the first degree. 14 (b) When a minor is accused of violating a statute specified in this subsection, 15 other than a statute the violation of which is a felony, this chapter and the Alaska 16 Delinquency Rules do not apply and the minor accused of the offense shall be charged, 17 prosecuted, and sentenced in the district court in the same manner as an adult; if a 18 minor is charged, prosecuted, and sentenced for an offense under this subsection, the 19 minor's parent, guardian, or legal custodian shall be present at all proceedings; the 20 provisions of this paragraph apply when a minor is accused of violating 21 (1) a traffic statute or regulation, or a traffic ordinance or regulation of 22 a municipality; 23 (2) AS 11.76.105, relating to the possession of tobacco by a person 24 under 19 years of age; 25 (3) a fish and game statute or regulation under AS 16; 26 (4) a parks and recreational facilities statute or regulation under 27 AS 41.21; and 28 (5) AS 04.16.050, relating to possession, control, or consumption of 29 alcohol. 30 (c) The provisions of AS 47.12.010 - 47.12.260 and the Alaska Delinquency 31 Rules do not apply to driver's license proceedings under AS 28.15.185; the court shall
01 impose a driver's license revocation under AS 28.15.185 in the same manner as adult 02 driver's license revocations, except that a parent or legal guardian shall be present at 03 all proceedings. 04 Sec. 47.12.040. INVESTIGATION AND PETITION. (a) Whenever 05 circumstances subject a minor to the jurisdiction of this chapter, the court shall 06 (1) provide, under procedures adopted by court rule, that, for a minor 07 who is alleged to be a delinquent minor under AS 47.12.020, a state agency shall make 08 a preliminary inquiry to determine if any action is appropriate and may take 09 appropriate action to adjust the matter without a court hearing; if, under this paragraph, 10 (A) the state agency makes a preliminary inquiry and takes 11 appropriate action to adjust the matter without a court hearing, the minor may 12 not be detained or taken into custody as a condition of the adjustment and, 13 subject to AS 47.12.060, the matter shall be closed by the agency if the minor 14 successfully completes all that is required of the minor by the agency in the 15 adjustment; in a municipality or municipalities in which a youth court has been 16 established under AS 47.12.400, adjustment of the matter under this paragraph 17 may include referral to the youth court; 18 (B) the agency concludes that the matter may not be adjusted 19 without a court hearing, the agency may file a petition under (2) of this 20 subsection setting out the facts; or 21 (2) appoint a competent person or agency to make a preliminary inquiry 22 and report for the information of the court to determine whether the interests of the 23 public or of the minor require that further action be taken; if, under this paragraph, the 24 court appoints a person or agency to make a preliminary inquiry and to report to it, 25 then upon the receipt of the report, the court may informally adjust the matter without 26 a hearing, or it may authorize the person having knowledge of the facts of the case to 27 file with the court a petition setting out the facts; if the court informally adjusts the 28 matter, the minor may not be detained or taken into the custody of the court as a 29 condition of the adjustment, and the matter shall be closed by the court upon 30 adjustment. 31 (b) The petition and all subsequent pleadings shall be styled as follows: "In
01 the matter of . . . . . . . . . . . . . . . . . . . . . . . ., a minor under 18 years of age." The 02 petition may be executed upon the petitioner's information and belief, and must be 03 verified. It must include the following information: 04 (1) the name, address and occupation of the petitioner, together with 05 the petitioner's relationship to the minor, and the petitioner's interest in the matter; 06 (2) the name, age and address of the minor; 07 (3) a brief statement of the facts that bring the minor within this 08 chapter; 09 (4) the names and addresses of the minor's parents; 10 (5) the name and address of the minor's guardian, or of the person 11 having control or custody of the minor. 12 (c) If the petitioner does not know a fact required in this section, the petitioner 13 shall so state in the petition. 14 Sec. 47.12.050. NOTICE TO AND INVOLVEMENT OF PARENT OR 15 GUARDIAN. (a) Except as may be otherwise specifically provided, in all cases 16 under this chapter, the minor, each parent of the minor, and the guardian of the minor 17 are entitled to notice adequate to give actual notice of the proceedings, taking into 18 account education and language differences that are known or reasonably ascertainable 19 by the party giving the notice. The notice must contain all names by which the minor 20 has been identified. 21 (b) Notice shall be given in the manner appropriate under the Alaska Rules of 22 Civil Procedure for the service of process in a civil action under state law or in any 23 manner the court by order directs. Proof of giving of the notice shall be filed with the 24 court before the petition is heard or other proceeding commenced. 25 (c) The court may subpoena the parent or guardian of the minor, or any other 26 person whose testimony may be necessary at the hearing. A subpoena or other process 27 may be served by a person authorized by law to make the service. If personal service 28 cannot be made, the court may direct that service of process be in the manner 29 appropriate under the Alaska Rules of Civil Procedure for the service of process in a 30 civil action under state law or in any manner the court directs. 31 (d) In any proceeding under this chapter, the minor's parent or guardian may
01 be present. 02 Sec. 47.12.060. INFORMAL ACTION BY DEPARTMENT TO ADJUST 03 MATTER. (a) The provisions of this section apply to a minor who is alleged to be 04 a delinquent minor under AS 47.12.020 and for whom an agency has, under applicable 05 court rule, made a preliminary inquiry before taking appropriate action as authorized 06 by AS 47.12.040(a). Following the preliminary inquiry, unless the agency determines 07 that the matter should be dismissed, the agency may take informal action to adjust the 08 matter. 09 (b) When the agency decides that an informal adjustment of a matter should 10 be made, that informal adjustment may not be made without the agreement or consent 11 of the minor and the minor's parents or guardians to the terms and conditions of the 12 adjustment. An informal action to adjust a matter is not successfully completed unless, 13 among other factors that the agency considers, as to the victim of the act of the minor 14 that is the basis of the delinquency allegation, the minor pays restitution in the amount 15 set by the agency or agrees as a term or condition set by the agency to pay the 16 restitution. 17 Sec. 47.12.070. SUMMONS AND CUSTODY OF MINOR. After a petition 18 is filed and after further investigation that the court directs, if the person having 19 custody or control of the minor has not appeared voluntarily, the court shall issue a 20 summons that 21 (1) recites briefly the substance of the petition; 22 (2) directs the person having custody or control of the minor to appear 23 personally in court with the minor at the place and at the time set forth in the 24 summons. 25 Sec. 47.12.080. RELEASE OF MINOR. A minor who is taken into custody 26 may, in the discretion of the court and upon the written promise of the parent, 27 guardian, or custodian to bring the minor before the court at a time specified by the 28 court, be released to the care and custody of the parent, guardian, or custodian. The 29 minor, if not released, shall be detained as provided by AS 47.12.240. The court may 30 determine whether the father or mother or another person shall have the custody and 31 control of the minor for the duration of the proceedings. If the minor is of sufficient
01 age and intelligence to state desires, the court shall give consideration to the minor's 02 desires. 03 Sec. 47.12.090. APPOINTMENT OF ATTORNEY, GUARDIAN AD LITEM, 04 OR GUARDIAN. (a) In all proceedings initiated under a petition for delinquency, 05 a minor shall have the right to be represented by counsel and, if indigent, have counsel 06 appointed by the court. The court shall appoint counsel in such cases unless it makes 07 a finding on the record that the minor has made a voluntary, knowing, and intelligent 08 waiver of the right to counsel and a parent or guardian with whom the minor resides 09 or resided before the filing of the petition concurs with the waiver. In cases in which 10 it has been alleged that the minor has committed an act that would be a felony if 11 committed by an adult, waiver of counsel may not be accepted unless the court is 12 satisfied that the minor has consulted with an attorney before the waiver of counsel. 13 (b) Whenever in the course of proceedings instituted under this chapter it 14 appears to the court that the welfare of a minor will be promoted by the appointment 15 of an attorney to represent the minor or an attorney or other person to serve as 16 guardian ad litem, the court may make the appointment. Appointment of a guardian 17 ad litem or attorney shall be made under the terms of AS 25.24.310. 18 (c) In a controversy concerning custody of a minor under this chapter, 19 (1) the court may appoint a guardian of the person and property of a 20 minor and may order support from either or both parents; 21 (2) custody of the minor may be given to the department, and payment 22 of support money to the department may be ordered. 23 Sec. 47.12.100. WAIVER OF JURISDICTION. (a) If the court finds at a 24 hearing on a petition that there is probable cause for believing that a minor is 25 delinquent and finds that the minor is not amenable to treatment under this chapter, it 26 shall order the case closed. After a case is closed under this subsection, the minor 27 may be prosecuted as an adult. 28 (b) A minor is unamenable to treatment under this chapter if the minor 29 probably cannot be rehabilitated by treatment under this chapter before reaching 20 30 years of age. In determining whether a minor is unamenable to treatment, the court 31 may consider the seriousness of the offense the minor is alleged to have committed,
01 the minor's history of delinquency, the probable cause of the minor's delinquent 02 behavior, and the facilities available to the department for treating the minor. 03 (c) For purposes of making a determination under this section, 04 (1) the standard of proof is by a preponderance of the evidence; and 05 (2) the burden of proof that a minor is not amenable to treatment under 06 this chapter is on the state; however, if the petition filed under AS 47.12.040 seeking 07 to have the court declare a minor a delinquent is based on the minor's alleged 08 commission of an offense that is an unclassified felony or class A felony and that is 09 a crime against a person, the minor 10 (A) is rebuttably presumed not to be amenable to treatment 11 under this chapter; and 12 (B) has the burden of proof of showing that the minor is 13 amenable to treatment under this chapter. 14 Sec. 47.12.110. HEARINGS. (a) The court may conduct the hearing on the 15 petition in an informal manner in the courtroom or in chambers. The court shall give 16 notice of the hearing to the department and it may send a representative to the hearing. 17 The court shall also transmit a copy of the petition to the department. The 18 representative of the department may also be heard at the hearing. The public shall 19 be excluded from the hearing, but the court, in its discretion, may permit individuals 20 to attend a hearing, if their attendance is compatible with the best interests of the 21 minor. Nothing in this section may be applied in such a way as to deny a minor's 22 rights to a public trial and to a trial by jury. 23 (b) Notwithstanding (a) of this section, the victim of an offense that a minor 24 is alleged to have committed, or the designee of the victim, has a right to be present 25 at all hearings held under this section. If the minor is found to have committed the 26 offense, the victim may at the disposition hearing give sworn testimony or make an 27 unsworn oral presentation concerning the offense and its effect on the victim. If there 28 are numerous victims of a minor's offense, the court may limit the number of victims 29 who may give sworn testimony or make an unsworn oral presentation, but the court 30 may not limit the right of a victim to attend a hearing. 31 (c) Unless the minor objects, the court may select a young adult advisory panel
01 to hear the case and advise the court of a recommended judgment and order. The 02 court may consider any of the panel recommendations in making its judgment and 03 order in the case. For purposes of this subsection, 04 (1) the principal of each high school shall submit annually to the court 05 a list of the students enrolled in grades 10, 11, and 12, and the court shall determine 06 the method of selecting the members of each panel; and 07 (2) a student 08 (A) shall be excused from attending school while serving as a 09 panel member; 10 (B) may not serve more than once each year on a panel; and 11 (C) shall be excused from service as a panel member if the 12 student submits a written request to the court indicating the reason for not 13 wishing to serve. 14 Sec. 47.12.120. JUDGMENTS AND ORDERS. (a) The court, at the 15 conclusion of the hearing, or thereafter as the circumstances of the case may require, 16 shall find and enter a judgment that the minor is or is not delinquent. 17 (b) If the court finds that the minor is delinquent, it shall 18 (1) order the minor committed to the department for a period of time 19 not to exceed two years or in any event extend past the day the minor becomes 19 20 years of age, except that the department may petition for and the court may grant in 21 a hearing (A) two-year extensions of commitment that do not extend beyond the 22 minor's 19th birthday if the extension is in the best interests of the minor and the 23 public; and (B) an additional one-year period of supervision past age 19 if continued 24 supervision is in the best interests of the person and the person consents to it; the 25 department shall place the minor in the juvenile facility that the department considers 26 appropriate and that may include a juvenile correctional school, juvenile work camp, 27 treatment facility, detention home, or detention facility; the minor may be released 28 from placement or detention and placed on probation on order of the court and may 29 also be released by the department, in its discretion, under AS 47.10.260; 30 (2) order the minor placed on probation, to be supervised by the 31 department, and released to the minor's parents, guardian, or a suitable person; if the
01 court orders the minor placed on probation, it may specify the terms and conditions 02 of probation; the probation may be for a period of time not to exceed two years and 03 in no event to extend past the day the minor becomes 19 years of age, except that the 04 department may petition for and the court may grant in a hearing 05 (A) two-year extensions of supervision that do not extend 06 beyond the minor's 19th birthday if the extension is in the best interests of the 07 minor and the public; and 08 (B) an additional one-year period of supervision past age 19 if 09 the continued supervision is in the best interests of the person and the person 10 consents to it; 11 (3) order the minor committed to the department and placed on 12 probation, to be supervised by the department, and released to the minor's parents, 13 guardian, other suitable person, or suitable nondetention setting such as a family home, 14 group care facility, or child care facility, whichever the department considers 15 appropriate to implement the treatment plan of the predisposition report; if the court 16 orders the minor placed on probation, it may specify the terms and conditions of 17 probation; the department may transfer the minor, in the minor's best interests, from 18 one of the probationary placement settings listed in this paragraph to another, and the 19 minor, the minor's parents or guardian, and the minor's attorney are entitled to 20 reasonable notice of the transfer; the probation may be for a period of time not to 21 exceed four years and in no event to extend past the day the minor becomes 19 years 22 of age, except that the department may petition for and the court may grant in a 23 hearing 24 (A) two-year extensions of commitment that do not extend 25 beyond the minor's 19th birthday if the extension is in the best interests of the 26 minor and the public; and 27 (B) an additional one-year period of supervision past age 19 if 28 the continued supervision is in the best interests of the person and the person 29 consents to it; 30 (4) order the minor to make suitable restitution in lieu of or in addition 31 to the court's order under (1), (2), or (3) of this subsection; the court may not refuse
01 to make an order of restitution under this paragraph to benefit the victim of the act of 02 the minor that is the basis of the delinquency adjudication; 03 (5) order the minor committed to the department for placement in an 04 adventure based education program established under AS 47.21.020 with conditions 05 the court considers appropriate concerning release upon satisfactory completion of the 06 program or commitment under (1) of this subsection if the program is not satisfactorily 07 completed; or 08 (6) in addition to an order under (1) - (5) of this subsection, if the 09 delinquency finding is based on the minor's violation of AS 11.71.030(a)(3) or 10 11.71.040(a)(4), order the minor to perform 50 hours of community service; for 11 purposes of this paragraph, "community service" includes work 12 (A) on a project identified in AS 33.30.901; or 13 (B) that, on the recommendation of the city council or 14 traditional village council, would benefit persons within the city or village who 15 are elderly or disabled. 16 (c) If the court finds that the minor is not delinquent, it shall immediately 17 order the minor released from the department's custody and returned to the minor's 18 parents, guardian, or custodian, and dismiss the case. 19 (d) A minor found to be delinquent is a ward of the state while committed to 20 the department or the department has the power to supervise the minor's actions. The 21 court shall review an order made under (b) of this section annually, and may review 22 the order more frequently to determine if continued placement, probation, or 23 supervision, as it is being provided, is in the best interest of the minor and the public. 24 If annual review under this subsection would arise within 90 days of the hearing 25 required under this section, the court may postpone review under this subsection until 26 the time set for the hearing. The department, the minor, the minor's parents, guardian, 27 or custodian are entitled, when good cause is shown, to a review on application. If the 28 application is granted, the court shall afford these parties and their counsel reasonable 29 notice in advance of the review and hold a hearing where these parties and their 30 counsel shall be afforded an opportunity to be heard. The minor shall be afforded the 31 opportunity to be present at the review.
01 (e) The department shall pay all court costs incurred in all proceedings in 02 connection with the adjudication of delinquency under this chapter, including hearings 03 that result in the release of the minor. 04 (f) A minor, the minor's parents or guardian acting on the minor's behalf, or 05 the department may appeal a judgment or order, or the stay, modification, setting aside, 06 revocation, or enlargement of a judgment or order issued by the court under this 07 chapter. 08 (g) Within 18 months after the date a minor is committed to the custody of the 09 department under (b)(3) of this section, the court shall hold a hearing to review the 10 placement and services provided and to determine the future status of the minor. The 11 court shall make appropriate written findings, including findings related to the 12 following: 13 (1) whether the minor should be returned to the parent; 14 (2) whether the minor should remain in out-of-home care for a 15 specified period; 16 (3) whether the minor should remain in out-of-home care on a 17 permanent or long-term basis because of special needs or circumstances; 18 (4) whether the minor should be placed for adoption or legal 19 guardianship. 20 (h) Within 60 days after the date a minor is removed from the minor's home 21 by the department, the department shall notify the appropriate local citizen out-of-home 22 care review panel established under AS 47.10.420. 23 Sec. 47.12.130. PREDISPOSITION HEARING REPORTS. (a) Before the 24 disposition hearing of a delinquent minor, the department shall submit a predisposition 25 report with a recommended plan of treatment to aid the court in its selection of a 26 disposition, a victim impact statement reporting the information set out in 27 AS 12.55.022, and any further information that the court may request. In preparing 28 the predisposition report, the department shall contact the victim of the minor's offense. 29 (b) The court shall inform the minor, the minor's parents, and the attorneys 30 representing the parties and the guardian ad litem that the predisposition report will be 31 available to them not less than 10 days before the disposition hearing.
01 (c) In this section, "parents" means the natural or adoptive parents, and any 02 legal guardian, relative, or other adult person with whom the minor has resided and 03 who has acted as a parent in providing for the minor for a continuous period of time 04 before this action. 05 Sec. 47.12.140. COURT DISPOSITIONAL ORDER; BEST INTERESTS OF 06 MINOR AND OTHER CONSIDERATIONS. (a) In making its dispositional order 07 under AS 47.12.120(b)(1) - (3) and (5), the court shall 08 (1) consider 09 (A) the best interests of the minor and the public; and 10 (B) the ability of the state to take custody and to care for the 11 minor to protect the minor's best interests under this chapter; 12 (2) consider that the minor's continued delinquent behavior is a danger 13 to the minor; and 14 (3) order the least restrictive alternative disposition for the minor; for 15 purposes of this paragraph, the "least restrictive alternative disposition" means that 16 disposition that is no more restrictive than is, in the judgment of the court, most 17 conducive to the minor's rehabilitation. 18 (b) In making its dispositional order, in addition to the elements of (a)(1) and 19 (2) of this section, the court shall consider 20 (1) the seriousness of the minor's delinquent act; 21 (2) the minor's culpability as indicated by the circumstances of the 22 particular case; 23 (3) the age of the minor; 24 (4) the minor's prior criminal or juvenile record; 25 (5) the ability of the minor's parent, guardian, or custodian to control 26 and supervise the minor; 27 (6) the success or failure of the minor's previous dispositions or 28 placements; and 29 (7) detention is an appropriate consequence for a minor. 30 Sec. 47.12.150. LEGAL CUSTODY, GUARDIANSHIP, AND RESIDUAL 31 PARENTAL RIGHTS AND RESPONSIBILITIES. (a) When a minor is committed
01 under AS 47.12.120(b)(1) or (3) to the department or released under 02 AS 47.12.120(b)(2) to the minor's parents, guardian, or other suitable person, a 03 relationship of legal custody exists. This relationship imposes on the department and 04 its authorized agents or the parents, guardian, or other suitable person the responsibility 05 of physical care and control of the minor, the determination of where and with whom 06 the minor shall live, the right and duty to protect, train, and discipline the minor, and 07 the duty of providing the minor with food, shelter, education, and medical care. These 08 obligations are subject to any residual parental rights and responsibilities and rights and 09 responsibilities of a guardian if one has been appointed. When a minor is committed 10 to the department and the department places the minor with the minor's parent, the 11 parent has the responsibility to provide and pay for food, shelter, education, and 12 medical care for the minor. When parental rights have been terminated, or there are 13 no living parents and a guardian has not been appointed, the responsibilities of legal 14 custody include those in (b) and (c) of this section. The department or person having 15 legal custody of the minor may delegate any of the responsibilities under this section, 16 except authority to consent to marriage, adoption, and military enlistment may not be 17 delegated. For purposes of this chapter, a person in charge of a placement setting is 18 an agent of the department. 19 (b) When a guardian is appointed for the minor, the court shall specify in its 20 order the rights and responsibilities of the guardian. The guardian may be removed 21 only by court order. The rights and responsibilities may include, but are not limited 22 to, having the right and responsibility of reasonable visitation, consenting to marriage, 23 consenting to military enlistment, consenting to major medical treatment, obtaining 24 representation for the minor in legal actions, and making decisions of legal or financial 25 significance concerning the minor. 26 (c) When there has been transfer of legal custody or appointment of a guardian 27 and parental rights have not been terminated by court decree, the parents shall have 28 residual rights and responsibilities. These residual rights and responsibilities of the 29 parent include the right and responsibility of reasonable visitation, consent to adoption, 30 consent to marriage, consent to military enlistment, consent to major medical treatment 31 except in cases of emergency or cases falling under AS 25.20.025, and the
01 responsibility for support, except if by court order any residual right and responsibility 02 has been delegated to a guardian under (b) of this section. 03 Sec. 47.12.160. RETENTION OF JURISDICTION OVER MINOR. (a) The 04 court retains jurisdiction over the case and may at any time stay execution, modify, set 05 aside, revoke, or enlarge a judgment or order, or grant a new hearing, in the exercise 06 of its power of protection over the minor and for the minor's best interest, for a period 07 of time not to exceed the maximum period otherwise permitted by law or in any event 08 extend past the day the minor becomes 19, unless sooner discharged by the court, 09 except that the department may apply for and the court may grant an additional one- 10 year period of supervision past age 19 if continued supervision is in the best interests of the 11 person and the person consents to it. An application for any of these purposes may be made 12 by the parent, guardian, or custodian acting in behalf of the minor, or the court may, on its 13 own motion, and after reasonable notice to interested parties and the appropriate department, 14 take action that it considers appropriate. 15 (b) If the court determines at a rehearing that it is for the best interests of the 16 minor to be released to the care or custody of the minor's parent, guardian, or 17 custodian, it may enter an order to that effect and the minor is discharged from the 18 control of the department. 19 (c) If a minor is adjudicated a delinquent before the minor's 18th birthday, the 20 court may retain jurisdiction over the minor after the minor's 18th birthday for the 21 purpose of supervising the minor's rehabilitation, but the court's jurisdiction over the 22 minor under this chapter never extends beyond the minor's 19th birthday, except that 23 the department may apply for and the court may grant an additional one-year period 24 of supervision past age 19 if continued supervision is in the best interests of the person 25 and the person consents to it. The department may retain jurisdiction over the person 26 between the person's 18th and 19th birthdays for the purpose of supervising the 27 person's rehabilitation, if the person has been placed under the supervision of the 28 department before the person's 18th birthday, except that the department may apply for 29 and the court may grant an additional one-year period of supervision past age 19 if 30 continued supervision is in the best interests of the person and the person consents to 31 it.
01 Sec. 47.12.170. ENFORCEMENT OF RESTITUTION. When restitution is 02 ordered under AS 47.12.120(b)(4), the restitution recipient may enforce payment of the 03 restitution order against the minor under AS 09.35 as if the order were a civil 04 judgment enforceable by execution. This section does not limit the authority of the 05 court to enforce orders of restitution to victims. 06 Sec. 47.12.180. EFFECT OF ADJUDICATION. (a) Except as provided by 07 AS 47.12.170, an adjudication under this chapter upon the status of a minor 08 (1) may not operate to impose any of the civil disabilities ordinarily 09 imposed by conviction upon a criminal charge; 10 (2) does not operate to require that a minor afterward be considered a 11 criminal by the adjudication; and 12 (3) does not operate to require that the adjudication be afterward 13 deemed a conviction, nor may a minor be charged with or convicted of a crime in a 14 court, except as provided in this chapter. 15 (b) The commitment and placement of a minor and evidence given in the court 16 are not admissible as evidence against the minor in a subsequent case or proceedings 17 in any other court, nor does the commitment and placement or evidence operate to 18 disqualify a minor in a future civil service examination or appointment in the state. 19 Sec. 47.12.200. ARREST OF A MINOR. The arrest of a minor other than for 20 a traffic offense is not considered an arrest for any purpose except for the purpose of 21 the disposition of a proceeding arising out of that arrest. 22 Sec. 47.12.210. FINGERPRINTING OF MINORS. (a) A peace officer may 23 fingerprint a minor under the same circumstances as an adult may be fingerprinted. 24 (b) Fingerprint records taken under this section are not subject to 25 AS 47.12.310. 26 Sec. 47.12.220. APPOINTMENT OF GUARDIAN OR CUSTODIAN. When, 27 in the course of a proceeding under this chapter, it appears to the court that the welfare 28 of a minor will be promoted by the appointment of a guardian or custodian of the 29 minor's person, the court may make the appointment. The court shall have a summons 30 issued and served upon the parents of the minor, if they can be found, in a manner and 31 within a time before the hearing that the court considers reasonable. The court may
01 determine whether the father, mother, or the department shall have the custody and 02 control of the minor. If the minor is of sufficient age and intelligence to state desires, 03 the court shall consider them. 04 Sec. 47.12.230. SUPPORT OF MINOR. (a) When a delinquent minor is 05 committed under this chapter, the court shall, after giving the parent or legal guardian 06 a reasonable opportunity to be heard, adjudge that the parent or guardian pay to the 07 department in a manner that the court directs a sum to cover in full or in part the 08 maintenance and care of the minor. The support obligation shall be calculated under 09 Rule 90.3(i) of the Alaska Rules of Civil Procedure. 10 (b) If a parent wilfully fails or refuses to pay the sum fixed, the parent may 11 be proceeded against as provided by law in cases of family desertion and nonsupport. 12 (c) The sum collected from a parent under this section shall be directly 13 credited to the general fund of the state. 14 Sec. 47.12.240. DETENTION OF MINORS. (a) When the court commits a 15 minor to the custody of the department, the department shall arrange to place the 16 minor in a detention home, work camp, or another suitable place that the department 17 designates for that purpose. Except when detention in a correctional facility is 18 authorized by (c) of this section, the minor may not be incarcerated in a correctional 19 facility that houses adult prisoners. 20 (b) When a minor is detained under this chapter, the person having 21 responsibility for the facility in which the minor is detained shall immediately make 22 reasonable attempts to notify the minor's parent, guardian, or custodian of the minor's 23 detention. 24 (c) Notwithstanding (a) of this section, a minor may be incarcerated in a 25 correctional facility 26 (1) if the minor is the subject of a petition filed with the court under 27 this chapter seeking adjudication of the minor as a delinquent minor or if the minor 28 is in official detention pending the filing of that petition; however, detention in a 29 correctional facility under this paragraph may not exceed the lesser of 30 (A) six hours; or 31 (B) the time necessary to arrange the minor's transportation to
01 a juvenile detention home or comparable facility for the detention of minors; 02 (2) if, in response to a petition of delinquency filed under this chapter, 03 the court has entered an order closing the case under AS 47.12.100(a), allowing the 04 minor to be prosecuted as an adult; or 05 (3) if the incarceration constitutes a protective custody detention of the 06 minor that is authorized by AS 47.37.170(b). 07 (d) When a minor is detained under (c)(1) or (3) of this section and 08 incarcerated in a correctional facility, the minor shall be 09 (1) assigned to quarters in the correctional facility that are separate 10 from quarters used to house adult prisoners so that the minor cannot communicate with 11 or view adults who are in official detention; 12 (2) provided admission, health care, hygiene, and food services and 13 recreation and visitation opportunities separate from services and opportunities 14 provided to adults who are in official detention. 15 (e) Notwithstanding the limitation on detention set out in (c)(1) of this section, 16 a minor whose detention is authorized by (c)(1) of this section may be detained in a 17 correctional facility for more than six hours if transportation to a juvenile detention 18 home or comparable facility for the detention of minors is not available. The minor's 19 detention for more than six hours is authorized by this subsection only if the person 20 having responsibility for the facility in which the minor is detained 21 (1) documents the reason that transportation of the minor to a juvenile 22 detention home or comparable facility is not available; and 23 (2) during the minor's detention, after learning that transportation is not 24 available, promptly notifies the appropriate officials or employees of the department 25 and the Alaska Court System of the lack of available transportation. 26 (f) A detention authorized by (e) of this section may not exceed the time 27 necessary to satisfy the requirement of (c)(1)(B) of this section. 28 (g) The provisions of AS 47.37.170(i) apply to a minor incarcerated in a 29 correctional facility when authorized by (c)(3) of this section. 30 (h) In this section, 31 (1) "correctional facility" has the meaning given in AS 33.30.901
01 whether the facility is operated by the state, a municipality, a village, or another entity; 02 (2) "official detention" has the meaning given in AS 11.81.900. 03 Sec. 47.12.250. TEMPORARY DETENTION AND DETENTION HEARING. 04 (a) A peace officer may arrest a minor who violates a law or ordinance in the peace 05 officer's presence, or whom the peace officer reasonably believes is a fugitive from 06 justice. A peace officer may continue a lawful arrest made by a citizen. The peace 07 officer may have the minor detained in a juvenile detention facility if in the opinion 08 of the peace officer making or continuing the arrest it is necessary to do so to protect 09 the minor or the community. 10 (b) A peace officer who has a minor detained under (a) of this section shall 11 immediately, and in no event more than 12 hours later, notify the court and make 12 reasonable efforts to notify the minor's parents or guardian and the department of the 13 officer's action. The department may file with the court a petition alleging delinquency 14 before the detention hearing. 15 (c) The court shall immediately, and in no event more than 48 hours later, hold 16 a hearing at which the minor and the minor's parents or guardian if they can be found 17 shall be present. The court shall determine whether probable cause exists for believing 18 the minor to be delinquent. The court shall inform the minor of the reasons alleged 19 to constitute probable cause and the reasons alleged to authorize the minor's detention. 20 The minor is entitled to counsel and to confrontation of adverse witnesses. 21 (d) If the court finds that probable cause exists, it shall determine whether the 22 minor should be detained pending the hearing on the petition or released. It may 23 either order the minor held in detention or released to the custody of a suitable person 24 pending the hearing on the petition. If the court finds no probable cause, it shall order 25 the minor released and close the case. 26 (e) Except for temporary detention pending a detention hearing, a minor may 27 be detained only by court order. 28 Sec. 47.12.260. RELEASING MINORS AFTER COMMITMENT. A minor 29 found to be a juvenile delinquent who by conduct gives sufficient evidence of having 30 reformed may be released at any time under the conditions and regulations that the 31 department considers proper, if it appears to the satisfaction of the department that
01 there is a reasonable probability that the minor will remain at liberty without violating 02 the law. 03 ARTICLE 2. INFORMATION AND RECORDS. 04 Sec. 47.12.300. COURT RECORDS. (a) The court shall make and keep 05 records of all cases brought before it. 06 (b) The court shall forward a record of adjudication of a violation of an 07 offense listed in AS 28.15.185(a) to the Department of Public Safety if the court 08 imposes a license revocation under AS 28.15.185. 09 (c) The name or picture of a minor under the jurisdiction of the court may not 10 be made public in connection with the minor's status as a delinquent unless authorized 11 by order of the court. 12 (d) Within 30 days of the date of a minor's 18th birthday or, if the court 13 retains jurisdiction of a minor past the minor's 18th birthday, within 30 days of the 14 date on which the court releases jurisdiction over the minor, the court shall order all 15 the court's official records pertaining to that minor in a proceeding under this chapter 16 sealed, as well as records of all driver's license proceedings under AS 28.15.185, 17 criminal proceedings against the minor, and punishments assessed against the minor. 18 A person may not use these sealed records for any purpose except that the court may 19 order their use for good cause shown or may order their use by an officer of the court 20 in making a presentencing report for the court. The provisions of this subsection 21 relating to the sealing of records do not apply to records of traffic offenses. 22 (e) The court's official records under this chapter may be inspected only with 23 the court's permission and only by persons having a legitimate interest in them. A 24 person with a legitimate interest in the inspection of an official record maintained by 25 the court includes a victim who suffered physical injury or whose real or personal 26 property was damaged as a result of an offense that was the basis of an adjudication 27 or modification of disposition. If the victim knows the identity of the minor, identifies 28 the minor or the offense to the court, and certifies that the information is being sought 29 to consider or support a civil action against the minor or against the minor's parents 30 or guardians under AS 34.50.020, the court shall, subject to AS 12.61.110 and 31 12.61.140, allow the victim to inspect and use the following records and information
01 in connection with the civil action: 02 (1) a petition filed under AS 47.12.040(a) seeking to have the court 03 declare the minor a delinquent; 04 (2) a petition filed under AS 47.12.120 seeking to have the court 05 modify or revoke the minor's probation; 06 (3) a petition filed under AS 47.12.100 requesting the court to find that 07 a minor is not amenable to treatment under this chapter and that results in closure of 08 a case under AS 47.12.100(a); and 09 (4) a court judgment or order entered under this chapter that disposes 10 of a petition identified in (1) - (3) of this subsection. 11 (f) A person who has been tried as an adult under AS 47.12.100(a), or the 12 department on the person's behalf, may petition the superior court to seal the records 13 of all criminal proceedings, except traffic offenses, initiated against the person, and all 14 punishments assessed against the person, while the person was a minor. A petition 15 under this subsection may not be filed until five years after the completion of the 16 sentence imposed for the offense for which the person was tried as an adult. If the 17 superior court finds that the punishment assessed against the person has had its 18 intended rehabilitative effect and further finds that the person has fulfilled all orders 19 of the court entered under AS 47.12.120, the superior court shall order the record of 20 proceedings and the record of punishments sealed. Sealing the records restores civil 21 rights removed because of a conviction. A person may not use these sealed records 22 for any purpose except that the court may order their use for good cause shown or may 23 order their use by an officer of the court in making a presentencing report for the 24 court. The court may not, under this subsection, seal records of a criminal proceeding 25 (1) initiated against a person if the court finds that the person has not 26 complied with a court order made under AS 47.12.120; or 27 (2) commenced under AS 47.12.030(a) unless the minor has been 28 acquitted of all offenses with which the minor was charged or unless the most serious 29 offense of which the minor was convicted was not an offense specified in 30 AS 47.12.030(a). 31 Sec. 47.12.310. AGENCY RECORDS. (a) Except as specified in
01 AS 47.12.320 and (b) - (g) of this section, all information and social records pertaining 02 to a minor who is subject to this chapter or AS 47.17 prepared by or in the possession 03 of a federal, state, or municipal agency or employee in the discharge of the agency's 04 or employee's official duty, including driver's license actions under AS 28.15.185, are 05 privileged and may not be disclosed directly or indirectly to anyone without a court 06 order. 07 (b) A state or municipal agency or employee may disclose information 08 regarding a case to 09 (1) a guardian ad litem appointed by the court or to a citizen review 10 panel for permanency planning authorized by AS 47.10.400 or 47.10.420; 11 (2) a person or an agency requested to provide consultation or services 12 for a minor who is subject to the jurisdiction of the court under this chapter; 13 (3) school officials as may be necessary to protect the safety of school 14 students and staff; 15 (4) a governmental agency as may be necessary to obtain that agency's 16 assistance for the department in its investigation or to obtain physical custody of a 17 minor; 18 (5) a state or municipal law enforcement agency as may be necessary 19 for a specific investigation being conducted by that agency or for disclosures by that 20 agency to protect the public safety; and 21 (6) a victim as may be necessary to inform the victim about the 22 disposition or resolution of a case involving a minor. 23 (c) A state or municipal law enforcement agency 24 (1) shall disclose information regarding a case that is needed by the 25 person or agency charged with making a preliminary investigation for the information 26 of the court under this chapter; 27 (2) may disclose to the public information regarding a criminal offense 28 in which a minor is a suspect, victim, or witness if the minor is not identified by the 29 disclosure; 30 (3) may disclose to school officials information regarding a case as may 31 be necessary to protect the safety of school students and staff;
01 (4) may disclose to the public information regarding a case as may be 02 necessary to protect the safety of the public; and 03 (5) may disclose to a victim information, including copies of reports, 04 as necessary for civil litigation or insurance claims pursued by or against the victim. 05 (d) Upon request of a victim, the department shall make every reasonable 06 effort to notify the victim as soon as practicable in writing when a delinquent minor 07 is to be released from placement in a juvenile facility under AS 47.12.120(b)(1). The 08 notice under this subsection must include the expected date of the delinquent minor's 09 release, the geographic area in which the delinquent minor is required to reside, and 10 other pertinent information concerning the delinquent minor's conditions of release that 11 may affect the victim. 12 (e) A person may authorize the department to release information to the 13 military or to a prospective employer about the existence of a delinquency adjudication 14 against that person under this chapter and the offense on which it was based. 15 (f) The department may release to a person with a legitimate interest 16 information relating to minors not subject to the jurisdiction of the court under this 17 chapter. The department shall adopt regulations governing the release of information 18 and identifying a sufficient legitimate interest. 19 (g) The department and affected law enforcement agencies shall work with 20 school districts and private schools to develop procedures for the disclosure of 21 information to school officials under (b)(3) and (c)(3) of this section. The procedures 22 must provide a method for informing the principal or the principal's designee of the 23 school the student attends as soon as it is reasonably practicable. 24 (h) Notwithstanding (c)(3) of this section, a state or municipal law enforcement 25 agency is not required to notify the appropriate school official of a school district or 26 school under (c) of this section if the agency determines that notice would jeopardize 27 an ongoing investigation. 28 (i) In this section, "school" means a public or private elementary or secondary 29 school. 30 (j) A person who discloses confidential information in violation of this section 31 is guilty of a class B misdemeanor.
01 Sec. 47.12.320. PARENTAL RIGHT TO DISCLOSE INFORMATION. (a) 02 Notwithstanding AS 47.12.300 and 47.12.310, a parent or legal guardian of a minor 03 subject to a proceeding under this chapter may disclose confidential or privileged 04 information about the minor, including information that has been lawfully obtained 05 from agency or court files, to the governor, the lieutenant governor, a legislator, the 06 ombudsman appointed under AS 24.55, the attorney general, and the commissioners 07 of health and social services, administration, or public safety, or an employee of these 08 persons, for review or use in their official capacities. A person to whom disclosure 09 is made under this section may not disclose confidential or privileged information 10 about the minor to a person not authorized to receive it. 11 (b) The disclosure right under (a) of this section is in addition to, and not in 12 derogation of, the rights of a parent or legal guardian of a minor. 13 (c) A person who violates a provision of this section is guilty of a 14 misdemeanor and upon conviction is punishable for the violation in the manner 15 authorized under AS 12.55 for a class B misdemeanor. 16 ARTICLE 3. YOUTH COURTS. 17 Sec. 47.12.400. YOUTH COURTS. (a) The department may use youth courts 18 to hear, determine, and dispose of cases involving a minor whose alleged act that 19 brings the minor within the jurisdiction of AS 47.12.010 - 47.12.260 constitutes a 20 violation of a state law that is a misdemeanor or a violation or that constitutes a 21 violation of a municipal ordinance that prescribes a penalty not exceeding the penalties 22 for a class A misdemeanor under state law. 23 (b) Unless otherwise directed by the commissioner, the jurisdiction of a youth 24 court is coextensive with the boundaries of the municipality in which the youth court 25 is located. Only one youth court may be established within the boundaries of a 26 municipality. Nothing in this subsection prohibits two or more municipalities from 27 operating a single youth court for the municipalities by agreement between them. 28 (c) A nonprofit corporation may obtain recognition from the commissioner to 29 serve as a youth court. The corporation may exercise only the powers that are 30 delegated to a youth court by the commissioner, and shall exercise those powers as 31 authorized by the corporation's articles of incorporation and bylaws. The bylaws of
01 the corporation must set out standards and procedures by which the corporation, in its 02 capacity as a youth court, 03 (1) establishes a system by which the minor may be held accountable 04 for the conduct that brings the minor within the jurisdiction of the youth court by 05 being tried, represented, and adjudicated by the minor's peers; 06 (2) guarantees the constitutional rights of the minor that are guaranteed 07 by the state and federal constitutions; 08 (3) may secure jurisdiction over a minor; the youth court may secure 09 jurisdiction over the minor only with the consent of the minor and the agreement of 10 the minor's legal custodian; 11 (4) sets out the process for disposing of matters referred to it for 12 resolution; 13 (5) provides a process for appeal of a verdict or sentence, and defines 14 the basis for appeals; 15 (6) reserves the right to refer to the department, under AS 47.12.060(a), 16 a matter transmitted to the youth court for disposition in which the minor fails, without 17 good cause, to comply with all requirements ordered by the youth court as a part of 18 sentence imposed on the minor; and 19 (7) prepares and delivers a report of the disposition of the matter 20 referred to it for resolution to the commissioner. 21 (d) Subject to the privileges that witnesses have in the courts of this state, the 22 commissioner may compel by subpoena, at a specified time and place, the 23 (1) appearance and sworn testimony of a person who the commissioner 24 reasonably believes may be able to give information relating to a matter before a youth 25 court; and 26 (2) production by a person of a record or object that the commissioner 27 reasonably believes may relate to a matter before a youth court. 28 (e) If a person refuses to comply with a subpoena issued under (d) of this 29 section, the superior court may, upon application of the commissioner, compel 30 obedience by proceedings for contempt in the same manner as in the case of 31 disobedience to the requirements of a subpoena issued by the court or refusal to testify
01 in the court. 02 (f) The commissioner shall make and keep records of all cases referred to a 03 youth court. The records of a youth court proceeding 04 (1) relating to a minor who complies with all requirements ordered by 05 the youth court as a part of sentence imposed on the minor shall be sealed by the 06 commissioner and may not be used for any purpose; and 07 (2) except as to a record described in (1) of this subsection, shall be 08 afforded at least the same protection and are subject to at least the same procedural 09 safeguards in matters relating to access, use, and security as they would be under 10 AS 47.12.310. 11 ARTICLE 4. PROGRAM ADMINISTRATION. 12 Sec. 47.12.800. YOUTH COUNSELORS. (a) The department may employ 13 youth counselors. Youth counselors shall exercise the duties of probation officers and 14 shall prepare preliminary investigations for the information of the court. They shall 15 also carry out other duties in the care and treatment of minors that are consistent with 16 the intent of this chapter. 17 (b) Youth counselors 18 (1) have the powers of a peace officer with respect to the service of 19 process, the making of arrests of minors who violate state or municipal law, and the 20 execution of orders of the court relating to juveniles; and 21 (2) shall assist and advise the courts in the furtherance of the welfare 22 and control of minors under the court's jurisdiction. 23 ARTICLE 5. GENERAL PROVISIONS. 24 Sec. 47.12.990. DEFINITIONS. In this chapter, unless the context otherwise 25 requires, 26 (1) "commissioner" means the commissioner of health and social 27 services; 28 (2) "court" means the superior court of the state; 29 (3) "crime against a person" means an offense set out in AS 11.41; 30 (4) "delinquent minor" means a minor found to be within the 31 jurisdiction of the court under AS 47.12.020;
01 (5) "department" means the Department of Health and Social Services; 02 (6) "juvenile detention facility" means separate quarters within a city 03 jail used for the detention of delinquent minors; 04 (7) "juvenile detention home" or "detention home" is a separate 05 establishment, exclusively devoted to the detention of minors on a short-term basis and 06 not a part of an adult jail; 07 (8) "juvenile work camp" means a separate residential establishment, 08 exclusively devoted to the detention of minors, in which the minors who are 16 years 09 of age or older and committed to the custody of the department and placed in the 10 facility may be required to labor on the buildings and grounds or perform any other 11 work or engage in any activities that do not conflict with regulations adopted by the 12 Department of Health and Social Services under this chapter for the care, 13 rehabilitation, education, and discipline of minors in detention; 14 (9) "minor" means a person under 18 years of age; 15 (10) "peace officer" has the meaning given in AS 11.81.900; 16 (11) "treatment facility" means a hospital, clinic, institution, center, or 17 other health care facility that has been designated by the department for the treatment 18 of juveniles; 19 (12) "victim" has the meaning given in AS 12.55.185. 20 * Sec. 54. AS 47.17.290(8) is amended to read: 21 (8) "maltreatment" means an act or omission that results in 22 circumstances in which there is reasonable cause to suspect that a child may be a child 23 in need of aid, as described in AS 47.10.010(a) [AS 47.10.010(a)(2)], except that, for 24 purposes of this chapter, the act or omission need not have been committed by the 25 child's parent, custodian, or guardian; 26 * Sec. 55. AS 47.33.010(b) is amended to read: 27 (b) Notwithstanding (a) of this section, this chapter does not apply to 28 (1) a correctional facility; 29 (2) a facility for treatment of alcoholism that is regulated under 30 AS 47.37; 31 (3) an emergency shelter;
01 (4) a medical facility, including a nursing home, licensed under 02 AS 18.20; 03 (5) a program for runaway minors licensed under AS 47.10.310 04 [AS 47.10]; or 05 (6) a maternity home licensed under AS 47.35. 06 * Sec. 56. AS 47.33.990(3) is amended to read: 07 (3) "adult" means a person 18 years of age or older who is not a ward 08 of the state under AS 47.10.080(f) or AS 47.12.120(d) [AS 47.10.080]; 09 * Sec. 57. AS 47.40.011(a) is amended to read: 10 (a) When the department purchases residential services for minors for whom 11 the state has assumed responsibility under AS 47.10 or AS 47.12, the department shall 12 (1) purchase the services only under grants to local governmental units 13 or nonprofit corporations; 14 (2) award grants for a specified number of beds as provided in 15 AS 47.40.041. 16 * Sec. 58. AS 47.10.010(b), 47.10.010(d), 47.10.010(e), 47.10.020(d), 47.10.050(b), 17 47.10.060, 47.10.070(b), 47.10.075, 47.10.080(b), 47.10.080(h), 47.10.081(a), 47.10.090(b), 18 47.10.093(d), 47.10.093(e), 47.10.095, 47.10.097, 47.10.130, 47.10.190, 47.10.200, 47.10.210, 19 and 47.10.265 are repealed. 20 * Sec. 59. AS 47.12.050(d), added by sec. 53 of this Act, has the effect of amending that 21 provision of Rule 3(b), Alaska Delinquency Rules, declaring that the presence of the minor's 22 parent or guardian is preferred by giving the minor's parent or guardian a right to be present 23 in a court proceeding to which the Alaska Delinquency Rules apply. 24 * Sec. 60. Rule 23(d), Alaska Delinquency Rules, is amended to read: 25 (d) ORDER. The court shall enter [IN] its disposition order taking into 26 account the considerations set out in AS 47.12.140 [, THE COURT SHALL ORDER 27 THE LEAST RESTRICTIVE ALTERNATIVE DISPOSITION UNDER 28 AS 47.10.080(b) THAT ADDRESSES THE JUVENILE'S TREATMENT NEEDS 29 AND PROTECTS THE PUBLIC].