CSSB 289(JUD): "An Act relating to runaway minors and their families or legal custodians."
00CS FOR SENATE BILL NO. 289(JUD) 01 "An Act relating to runaway minors and their families or legal custodians." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 11.51.130(a) is amended to read: 04 (a) A person commits the crime of contributing to the delinquency of a minor 05 if, being 19 years of age or older or being under 19 years of age and having the 06 disabilities of minority removed for general purposes under AS 09.55.590, the person 07 aids, induces, causes, or encourages a child 08 (1) under 18 years of age to do any act prohibited by state law unless 09 the child's disabilities of minority have been removed for general purposes under 10 AS 09.55.590; 11 (2) under 18 years of age to enter or remain in the same room in a 12 building where the unlawful sale of a drug occurs unless the child's disabilities of 13 minority have been removed for general purposes under AS 09.55.590; 14 (3) under 16 years of age to be repeatedly absent from school, without
01 just cause; or 02 (4) under 18 years of age to be absent from the custody of a parent, 03 guardian, or custodian without the knowledge or permission of the parent, guardian, 04 or custodian [JUST CAUSE], unless the child's disabilities of minority have been 05 removed for general purposes under AS 09.55.590 or the person has immunity under 06 AS 47.10.350 or 47.10.398(a); it is an affirmative defense to a prosecution under 07 this paragraph that, at the time of the alleged offense, the defendant 08 (A) reasonably believed that the child was in danger of 09 physical injury or in need of temporary shelter; and 10 (B) within 12 hours after taking the actions comprising the 11 alleged offense, notified a peace officer, a law enforcement agency, or the 12 Department of Health and Social Services of the name of the child and the 13 child's location. 14 * Sec. 2. AS 47.10.141(b) is amended to read: 15 (b) A peace officer shall take into protective custody a minor described in (a) 16 of this section if the minor is not otherwise subject to arrest or detention. Unless (c) 17 of this section applies, the peace officer shall [EXERCISE THE OFFICER'S 18 DISCRETION AND] (1) return the minor to the legal custodian at the legal 19 custodian's residence if the legal custodian consents to the return except that the 20 officer may not use this option if the officer has reasonable cause to believe 21 [SUSPECT] that the minor has experienced physical or sexual abuse in the legal 22 custodian's household; (2) take the minor to a nearby location agreed to by [THE 23 MINOR AND] the legal custodian if the legal custodian does not consent to return 24 of the minor under (1) of this subsection or the officer is precluded from using 25 that option because of a reasonable cause to believe that the minor has 26 experienced physical or sexual abuse in the legal custodian's household; or (3) if 27 disposition of the minor is not made under (1) or (2) of this subsection, take the 28 minor to an office specified by the Department of Health and Social Services, a 29 program for runaway minors licensed by the department under AS 47.10.310, a shelter 30 for runaways that has a permit from the department under AS 47.35.085 that agrees 31 to shelter the minor, or a facility or contract agency of the department. If the peace
01 officer plans to take the minor to an office, program, shelter, or facility under (3) 02 of this subsection, the peace officer shall give the highest priority to taking the 03 minor to an office, program, shelter, or facility that is semi-secure. If an office 04 specified by the department, a licensed program for runaway minors, a shelter for 05 runaways that will accept the minor, or a facility or contract agency of the department 06 does not exist in the community, the officer shall take the minor to another suitable 07 location and promptly notify the department. A minor under protective custody may 08 not be housed in a jail or other detention facility but may be housed in a semi-secure 09 portion of an office, program, shelter, or other facility under (3) of this 10 subsection. Immediately upon taking a minor into protective custody, the officer shall 11 advise the minor of available mediation services and [ORALLY AND IN WRITING] 12 of the right to social services under AS 47.10.142(b), and, if known, the officer shall 13 advise the legal custodian that the minor has been taken into protective custody and 14 that counseling services for the custodian and the minor's household may be available 15 under AS 47.10.142(b). 16 * Sec. 3. AS 47.10.141(e) is amended to read: 17 (e) In this section, 18 (1) "law enforcement agency" has the meaning given in AS 12.36.090; 19 (2) "semi-secure" means operated according to standards that may 20 be established by the department in regulations that are designed to require a 21 level of security that will reasonably ensure that, if a minor leaves without 22 permission, the minor's act of leaving will be immediately noticed. 23 * Sec. 4. AS 47.10.141 is amended by adding a new subsection to read: 24 (f) In the absence of gross negligence or intentional misconduct, an office, 25 program, shelter, or facility, or an employee of an office, program, shelter, or facility, 26 to which a minor is taken by a peace officer for semi-secure custody is not subject to 27 civil or criminal liability based on the minor's leaving the office, program, shelter, or 28 facility without permission unless the office, program, shelter, or facility is not in 29 compliance with the department's regulations that set standards for semi-security and 30 the lack of compliance was a material factor in the minor's being able to leave without 31 permission.
01 * Sec. 5. AS 47.10.310(c) is amended to read: 02 (c) A program for runaway minors shall 03 (1) explain to a minor who seeks assistance from the program the legal 04 rights and responsibilities of runaway minors and the services and assistance provided 05 for runaway minors by the program and by the state or local municipality; 06 (2) upon admission of a minor to the program, attempt to determine 07 why the [A] minor [IN THE PROGRAM] is a runaway and what services may be 08 necessary or appropriate for reuniting the minor with the minor's family; 09 (3) provide or help arrange for the provision of services necessary to 10 promote the health and welfare of a minor in the program and, if appropriate, members 11 of the minor's family; services may include, but are not limited to, the provision of 12 food, shelter, clothing, medical care, and individual, group, or family counseling; 13 (4) within one state working day after admission of a minor to the 14 program [PROMPTLY] inform the department of a minor in the program 15 (A) who claims to be the victim of child abuse or neglect, as 16 defined in AS 47.17.290; 17 (B) whom an employee of the program has cause to believe has 18 been a victim of child abuse or neglect; or 19 (C) whom an employee of the program has reason to believe is 20 evading the supervision of the department, the person to whom the department 21 has entrusted supervision, or the minor's legal guardian; 22 (5) be operated with the goal of reuniting runaway minors with their 23 families, except in cases in which reunification is clearly contrary to the best interest 24 of the minor; and 25 (6) maintain adequate staffing and accommodations to ensure physical 26 security and to provide crisis services to minors residing in a facility operated by the 27 program; a program shall maintain semi-secure portions of its facilities in a 28 proportion that meets regulations established by the department; residents under 29 18 years of age shall be segregated from residents who are 18 years of age or older. 30 * Sec. 6. AS 47.10.390 is amended by adding a new paragraph to read: 31 (3) "semi-secure" has the meaning given in AS 47.10.141(e).
01 * Sec. 7. AS 47.10.394(b) is amended to read: 02 (b) The provider of a shelter for runaways shall promptly, but within one state 03 working day [48 HOURS], inform the department of a runaway minor in the shelter 04 (1) who claims to be the victim of child abuse or neglect, as defined 05 in AS 47.17.290; 06 (2) whom the provider has reasonable cause to suspect has been a 07 victim of child abuse or neglect; or 08 (3) whom the provider has reason to believe is evading the supervision 09 of the department, the person to whom the department has entrusted supervision, or the 10 minor's legal guardian.