CSSB 289(FIN): "An Act relating to runaways, other minors, and their families or legal custodians; and amending Rule 7, Alaska Delinquency Rules."
00CS FOR SENATE BILL NO. 289(FIN) 01 "An Act relating to runaways, other minors, and their families or legal 02 custodians; and amending Rule 7, Alaska Delinquency Rules." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. FINDINGS; PURPOSE. (a) The legislature finds that 05 (1) the number of runaway minors in this state is a significant problem that 06 is a threat to the public health and safety as well as to the individual health and safety of the 07 minors who, because of their runaway status, are without the care and protection of their 08 families; 09 (2) some adults who harbor runaway minors do not serve the best interests of 10 the minors, particularly when they encourage them to be absent from school and to remain 11 away from the custody of their parents, and current laws have been largely unenforceable 12 against these adults because of the broadly worded exceptions they contain; 13 (3) even many licensed facilities for runaway minors have been unable to serve 14 their intended purpose of protecting the minors and facilitating family reunification because
01 they lack the security measures that would keep the minors in the facilities long enough to 02 assess their needs and the needs of their families; 03 (4) a short period of secure detention before a court hearing for a runaway 04 minor who has previously fled from a licensed runaway program would enable the Department 05 of Health and Social Services to better protect and assist the minor while imposing only a very 06 limited loss of liberty; and 07 (5) in most circumstances, runaway minors would be best cared for by their 08 parents and other family members. 09 (b) The purpose of this Act is to address the problem of runaway minors by tightening 10 up the laws designed to penalize the adults who inappropriately harbor runaways so that those 11 laws are more enforceable, to require facilities for runaway minors to be more secure, and to 12 require facilities for runaway minors to more promptly assess the minors' needs and notify 13 the minors' parents of their presence in the facility. It is also the purpose of this Act to 14 authorize temporary secure detention of a minor who has previously left a semi-secure 15 program without permission. The legislature intends, through this Act, to better fulfill its 16 responsibility to protect runaway minors and to meet its goal of returning them as quickly as 17 possible to the custody and control of their parents in all appropriate circumstances. 18 * Sec. 2. AS 11.51.130(a) is amended to read: 19 (a) A person commits the crime of contributing to the delinquency of a minor 20 if, being 19 years of age or older or being under 19 years of age and having the 21 disabilities of minority removed for general purposes under AS 09.55.590, the person 22 aids, induces, causes, or encourages a child 23 (1) under 18 years of age to do any act prohibited by state law unless 24 the child's disabilities of minority have been removed for general purposes under 25 AS 09.55.590; 26 (2) under 18 years of age to enter or remain in the same room in a 27 building where the unlawful sale of a drug occurs unless the child's disabilities of 28 minority have been removed for general purposes under AS 09.55.590; 29 (3) under 16 years of age to be repeatedly absent from school, without 30 the permission of the child's parent, guardian, or custodian [JUST CAUSE]; or 31 (4) under 18 years of age to be absent from the custody of a parent,
01 guardian, or custodian without the permission of the parent, guardian, or custodian 02 [JUST CAUSE], unless the child's disabilities of minority have been removed for 03 general purposes under AS 09.55.590 or the person has immunity under AS 47.10.350 04 or 47.10.398(a); it is an affirmative defense to a prosecution under this paragraph 05 that, at the time of the alleged offense, the defendant 06 (A) reasonably believed that the child was in danger of 07 physical injury or in need of temporary shelter; and 08 (B) within 12 hours after taking the actions comprising the 09 alleged offense, notified a peace officer, a law enforcement agency, or the 10 Department of Health and Social Services of the name of the child and the 11 child's location. 12 * Sec. 3. AS 47.10.140(a) is amended to read: 13 (a) A peace officer may arrest a minor who violates a law or ordinance in the 14 officer's presence, or whom the officer reasonably believes is a fugitive from justice, 15 or whom the officer reasonably believes has violated AS 47.10.141(g). A peace 16 officer may continue a lawful arrest made by a citizen. The officer may have the 17 minor detained in a juvenile detention facility if in the officer's opinion it is necessary 18 to do so to protect the minor or the community. The officer may have the minor 19 detained in a juvenile secure facility if the arrest was made at least in part 20 because the officer reasonably believed the minor had violated AS 47.10.141(g). 21 In this subsection, "juvenile secure facility" means a facility operated according 22 to standards that may be established by the department in regulations that are 23 designed to require a level of security that will reasonably ensure that a minor 24 will not be able to leave without permission. 25 * Sec. 4. AS 47.10.140(b) is amended to read: 26 (b) A peace officer who has a minor detained under (a) of this section shall 27 immediately, and in no event more than 12 hours later, notify the court and make 28 reasonable efforts to notify the minor's parents or guardian, and the department of the 29 officer's action. The department may file with the court a petition alleging 30 delinquency or alleging that the minor is a child in need of aid before the detention 31 hearing.
01 * Sec. 5. AS 47.10.140(c) is amended to read: 02 (c) The court shall immediately, and in no event more than 48 hours later, hold 03 a hearing at which the minor and the minor's parents or guardian if they can be found 04 shall be present. The court shall determine whether probable cause exists for believing 05 the minor to be delinquent or a child in need of aid. The court shall inform the 06 minor of the reasons alleged to constitute probable cause and the reasons alleged to 07 authorize the minor's detention. The minor is entitled to counsel and to confrontation 08 of adverse witnesses. 09 * Sec. 6. AS 47.10.140(d) is amended to read: 10 (d) If the court finds that probable cause exists for believing the minor to be 11 a delinquent or for believing that the minor is a child in need of aid, the court 12 [, IT] shall determine whether the minor should be detained pending the hearing on the 13 delinquency or child-in-need-of-aid petition or released. It may either order the 14 minor held in detention or released to the custody of the department or other [A] 15 suitable person pending the hearing on the petition. If the court finds no probable 16 cause for believing the minor to be a delinquent or for believing that the minor 17 is a child in need of aid, it shall order the minor released to the minor's legal 18 custodian and close the case. If the court orders release of a minor who was 19 arrested under (a) of this section based on an alleged violation of AS 47.10.141(g), 20 the court shall advise the minor and the minor's legal custodian of available 21 mediation services and of the right to social services under AS 47.10.142(b). 22 * Sec. 7. AS 47.10.141(b) is amended to read: 23 (b) A peace officer shall take into protective custody a minor described in (a) 24 of this section if the minor is not otherwise subject to arrest or detention. Unless (c) 25 of this section applies, the peace officer shall [EXERCISE THE OFFICER'S 26 DISCRETION AND] (1) return the minor to the legal custodian at the legal 27 custodian's residence if the legal custodian consents to the return except that the 28 officer may not use this option if the officer has reasonable cause to believe 29 [SUSPECT] that the minor has experienced physical or sexual abuse in the legal 30 custodian's household; (2) take the minor to a nearby location agreed to by [THE 31 MINOR AND] the legal custodian if the legal custodian does not consent to return
01 of the minor under (1) of this subsection or the officer is precluded from using 02 that option because of a reasonable cause to believe that the minor has 03 experienced physical or sexual abuse in the legal custodian's household; or (3) if 04 disposition of the minor is not made under (1) or (2) of this subsection, take the 05 minor to an office specified by the Department of Health and Social Services, a 06 program for runaway minors licensed by the department under AS 47.10.310, a shelter 07 for runaways that has a permit from the department under AS 47.35.085 that agrees 08 to shelter the minor, or a facility or contract agency of the department. If the peace 09 officer plans to take the minor to an office, program, shelter, or facility under (3) 10 of this subsection, the peace officer shall give the highest priority to taking the 11 minor to an office, program, shelter, or facility that is semi-secure. If an office 12 specified by the department, a licensed program for runaway minors, a shelter for 13 runaways that will accept the minor, or a facility or contract agency of the department 14 does not exist in the community, the officer shall take the minor to another suitable 15 location and promptly notify the department. A minor under protective custody may 16 not be housed in a jail or other detention facility but may be housed in a semi-secure 17 portion of an office, program, shelter, or other facility under (3) of this 18 subsection. Immediately upon taking a minor into protective custody, the officer shall 19 advise the minor of available mediation services and [ORALLY AND IN WRITING] 20 of the right to social services under AS 47.10.142(b), and, if known, the officer shall 21 advise the legal custodian that the minor has been taken into protective custody and 22 that counseling services for the custodian and the minor's household may be available 23 under AS 47.10.142(b). If the officer takes the minor to a semi-secure office, 24 program, shelter, or other facility under (3) of this subsection, the officer shall 25 also advise the minor and, if known, the minor's legal custodian, that the minor 26 will be in violation of (g) of this section and subject to arrest and temporary 27 detention under AS 47.10.140 if the minor leaves the office, program, shelter, or 28 other facility without permission either from the minor's legal custodian or from 29 an appropriate employee or administrator of the office, program, shelter, or other 30 facility, unless the minor, upon leaving the office, program, shelter, or other 31 facility, promptly returns to the immediate presence of the minor's legal custodian
01 or to the legal custodian's residence. 02 * Sec. 8. AS 47.10.141(e) is amended to read: 03 (e) In this section, 04 (1) "law enforcement agency" has the meaning given in AS 12.36.090; 05 (2) "semi-secure" means operated according to standards that may 06 be established by the department in regulations that are designed to require a 07 level of security that will reasonably ensure that, if a minor leaves without 08 permission, the minor's act of leaving will be immediately noticed. 09 * Sec. 9. AS 47.10.141 is amended by adding new subsections to read: 10 (f) In the absence of gross negligence or intentional misconduct, an office, 11 program, shelter, or facility, or an employee of an office, program, shelter, or facility, 12 to which a minor is taken by a peace officer for semi-secure custody is not subject to 13 civil or criminal liability based on the minor's leaving the office, program, shelter, or 14 facility without permission unless the office, program, shelter, or facility is not in 15 compliance with the department's regulations that set standards for semi-security and 16 the lack of compliance was a material factor in the minor's being able to leave without 17 permission. 18 (g) A minor who has been taken by a peace officer to a semi-secure office, 19 program, shelter, or facility under (b)(3) of this section may not leave the office, 20 program, shelter, or facility without permission either from the minor's legal custodian 21 or from an appropriate employee or administrator of the office, program, shelter, or 22 other facility, unless the minor, upon leaving the office, program, shelter, or facility 23 promptly returns to the immediate presence of the minor's legal custodian or to the 24 legal custodian's residence. Violation of this subsection is grounds for arrest and 25 temporary detention under AS 47.10.140(a) but may not be the sole grounds for a 26 delinquency petition or for proceedings under any other law. 27 (h) An office, program, shelter, or facility that a minor has allegedly left in 28 violation of (g) of this section shall immediately notify the department and the nearest 29 law enforcement agency of the identity of the minor and the alleged violation. 30 * Sec. 10. AS 47.10.310(c) is amended to read: 31 (c) A program for runaway minors shall
01 (1) explain to a minor who seeks assistance from the program the legal 02 rights and responsibilities of runaway minors and the services and assistance provided 03 for runaway minors by the program and by the state or local municipality; 04 (2) upon admission of a minor to the program, attempt to determine 05 why the [A] minor [IN THE PROGRAM] is a runaway and what services may be 06 necessary or appropriate for reuniting the minor with the minor's family; 07 (3) provide or help arrange for the provision of services necessary to 08 promote the health and welfare of a minor in the program and, if appropriate, members 09 of the minor's family; services may include, but are not limited to, the provision of 10 food, shelter, clothing, medical care, and individual, group, or family counseling; 11 (4) within one state working day after admission of a minor to the 12 program [PROMPTLY] inform the department of a minor in the program 13 (A) who claims to be the victim of child abuse or neglect, as 14 defined in AS 47.17.290; 15 (B) whom an employee of the program has cause to believe has 16 been a victim of child abuse or neglect; or 17 (C) whom an employee of the program has reason to believe is 18 evading the supervision of the department, the person to whom the department 19 has entrusted supervision, or the minor's legal guardian; 20 (5) be operated with the goal of reuniting runaway minors with their 21 families, except in cases in which reunification is clearly contrary to the best interest 22 of the minor; and 23 (6) maintain adequate staffing and accommodations to ensure physical 24 security and to provide crisis services to minors residing in a facility operated by the 25 program; a program shall maintain semi-secure portions of its facilities in a 26 proportion that meets regulations established by the department; residents under 27 18 years of age shall be segregated from residents who are 18 years of age or older. 28 * Sec. 11. AS 47.10.390 is amended by adding a new paragraph to read: 29 (3) "semi-secure" has the meaning given in AS 47.10.141(e). 30 * Sec. 12. AS 47.10.394(b) is amended to read: 31 (b) The provider of a shelter for runaways shall promptly, but within one state
01 working day [48 HOURS], inform the department of a runaway minor in the shelter 02 (1) who claims to be the victim of child abuse or neglect, as defined 03 in AS 47.17.290; 04 (2) whom the provider has reasonable cause to suspect has been a 05 victim of child abuse or neglect; or 06 (3) whom the provider has reason to believe is evading the supervision 07 of the department, the person to whom the department has entrusted supervision, or the 08 minor's legal guardian. 09 * Sec. 13. AS 47.10.140, as amended by secs. 3 - 6 of this Act, and AS 47.10.141(g), 10 added by sec. 9 of this Act, have the effect of amending Rule 7, Alaska Delinquency Rules, 11 by authorizing arrest of a juvenile without a warrant if the juvenile has allegedly violated 12 AS 47.10.141(g).