HB 127: "An Act relating to the citizen review board and panels for permanency planning for certain children in state custody; renaming the Citizens' Review Panel For Permanency Planning as the Citizens' Foster Care Review Board; extending the termination date of the Citizens' Foster Care Review Board; and providing for an effective date."
00HOUSE BILL NO. 127 01 "An Act relating to the citizen review board and panels for permanency planning 02 for certain children in state custody; renaming the Citizens' Review Panel For 03 Permanency Planning as the Citizens' Foster Care Review Board; extending the 04 termination date of the Citizens' Foster Care Review Board; and providing for 05 an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 44.66.010(17) is amended to read: 08 (17) Citizens' Foster Care Review Board [PANEL FOR 09 PERMANENCY PLANNING] under AS 47.14.200 -- June 30, 2000 [1997]; 10 * Sec. 2. AS 47.10.080(m) is amended to read: 11 (m) Within 60 days after the date a child is removed from the child's home 12 by the department, the department shall notify the Citizens Foster Care Review 13 Board [APPROPRIATE LOCAL CITIZEN OUT-OF-HOME CARE REVIEW 14 PANEL] established in AS 47.14.200 [UNDER AS 47.14.220].
01 * Sec. 3. AS 47.10.080(n) is amended to read: 02 (n) Within 60 days after a court orders a child committed to the department 03 under (c) of this section and at a review under (f) or (l) of this section, the department 04 shall inform the parties about the local [CITIZEN OUT-OF-HOME CARE] review 05 panel established under AS 47.14.220. 06 * Sec. 4. AS 47.10.093(b) is amended to read: 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 board or local review panel for permanency planning authorized by AS 47.14.200 or 11 47.14.220; 12 (2) a person or an agency requested to provide consultation or services 13 for a minor who is subject to the jurisdiction of the court under AS 47.10.010; 14 (3) school officials as may be necessary to protect the safety of school 15 students and staff; 16 (4) a governmental agency as may be necessary to obtain that agency's 17 assistance for the department in its investigation or to obtain physical custody of a 18 child; and 19 (5) a state or municipal law enforcement agency as may be necessary 20 for a specific investigation being conducted by that agency or for disclosures by that 21 agency to protect the public safety. 22 * Sec. 5. AS 47.10.142(g) is amended to read: 23 (g) Within 60 days after a court orders a child committed to the department 24 under this section, the department shall inform the parties about the local [CITIZEN 25 OUT-OF-HOME CARE] review panel established under AS 47.14.220. 26 * Sec. 6. AS 47.12.120(h) is amended to read: 27 (h) Within 60 days after the date a minor is removed from the minor's home 28 by the department, the department shall notify the Citizens' Foster Care Review 29 Board [APPROPRIATE LOCAL CITIZEN OUT-OF-HOME CARE REVIEW 30 PANEL] established in AS 47.14.200 [UNDER AS 47.14.220]. 31 * Sec. 7. AS 47.12.310(b) is amended to read:
01 (b) A state or municipal agency or employee may disclose information 02 regarding a case to 03 (1) a guardian ad litem appointed by the court [OR TO A CITIZEN 04 REVIEW PANEL FOR PERMANENCY PLANNING AUTHORIZED BY 05 AS 47.14.200 - 47.14.220]; 06 (2) a person or an agency requested to provide consultation or services 07 for a minor who is subject to the jurisdiction of the court under this chapter; 08 (3) school officials as may be necessary to protect the safety of school 09 students and staff; 10 (4) a governmental agency as may be necessary to obtain that agency's 11 assistance for the department in its investigation or to obtain physical custody of a 12 minor; 13 (5) a state or municipal law enforcement agency as may be necessary 14 for a specific investigation being conducted by that agency or for disclosures by that 15 agency to protect the public safety; and 16 (6) a victim as may be necessary to inform the victim about the 17 disposition or resolution of a case involving a minor. 18 * Sec. 8. AS 47.14.200(a) is repealed and reenacted to read: 19 (a) There is created in the Department of Administration the Citizens' Foster 20 Care Review Board. The board consists of five public members appointed by the 21 governor from among persons interested and knowledgeable about permanency needs 22 of children in state foster care. The governor may not appoint a person who has 23 committed a felony or violated AS 11.51.130 or a law with substantially similar 24 elements. The board also includes the following state officials or their designees: 25 (1) the commissioner of health and social services; 26 (2) the director of the office of public advocacy; 27 (3) the attorney general; 28 (4) the public defender appointed under AS 18.85.030. 29 * Sec. 9. AS 47.14.200(b) is amended to read: 30 (b) Public [APPOINTED] members of the board [STATE PANEL] serve at 31 the pleasure of the governor for staggered terms of three years or until their successors
01 are appointed. These members may be reappointed to successive terms not to 02 exceed six consecutive years. 03 * Sec. 10. AS 47.14.200(c) is amended to read: 04 (c) The [VOTING] members of the board [STATE PANEL] shall elect from 05 among the public [VOTING] members a chair who shall serve for one year. Five 06 [THREE VOTING] members of the board [STATE PANEL] constitute a quorum for 07 the transaction of business if at least three of the public members are present. The 08 board [PANEL] may not take official action without the affirmative vote of at least 09 three of its members, with at least two of the affirmative votes being made by 10 public members. 11 * Sec. 11. AS 47.14.200(d) is amended to read: 12 (d) Members of the board [STATE PANEL] are entitled to reimbursement for 13 actual expenses necessary to perform their duties as board [STATE PANEL] members. 14 The reimbursement may not exceed the amount of per diem and travel expenses 15 authorized for boards and commissions under AS 39.20.180. 16 * Sec. 12. AS 47.14.200(e) is amended to read: 17 (e) The board [STATE PANEL] shall meet at least twice annually. Meetings 18 may take place telephonically. 19 * Sec. 13. AS 47.14.200(f) is amended to read: 20 (f) The board [STATE PANEL] may employ an executive director [A 21 PROGRAM COORDINATOR] who shall serve at the pleasure of the board [STATE 22 PANEL]. The executive director [PROGRAM COORDINATOR] shall employ staff 23 as necessary to carry out the executive director's [PROGRAM COORDINATOR'S] 24 duties under board [STATE PANEL] directives and to provide technical [CLERICAL] 25 assistance to local review panels. The board may delegate duties to the executive 26 director as necessary to assist the board in administering AS 47.14.200 - 47.14.299. 27 * Sec. 14. AS 47.14.210 is amended to read: 28 Sec. 47.14.210. Powers and duties [DUTIES] of the board [STATE 29 PANEL]. The board [STATE PANEL] shall 30 (1) hold regular and special meetings the board considers 31 necessary;
01 (2) adopt regulations necessary [BY REGULATION ADOPT 02 POLICIES AND PROCEDURES] to carry out its duties and to govern the performance 03 of the duties of the local review panels established under AS 47.14.220; 04 (3) [(2)] ensure that the public members of local review panels 05 [PANEL MEMBERS] receive the [MINIMUM] level of training necessary to 06 effectively carry out their duties, document in the board's records that the public 07 members have completed the training, and ensure that a public member does not 08 review a case until training has been received; 09 (4) [(3)] coordinate and review the activities of the local review panels; 10 (5) apply for private and federal grants and solicit contributions, 11 gifts, and bequests to administer and implement AS 47.14.200 - 47.14.299; 12 (6) award grants or contracts from available money to local 13 governmental or public or private non profit agencies to carry out projects or 14 studies related to improving the system for permanency needs of children in state 15 foster care; 16 (7) use board staff, or award contracts, to evaluate applicants for 17 public members of local review panels and to provide training to local review 18 panel members [AND MAKE RECOMMENDATIONS TO THE GOVERNOR ON 19 APPOINTMENTS TO THE LOCAL PANELS]; 20 (8) [(4)] prepare a report annually [, BY THE 10TH DAY OF EACH 21 REGULAR SESSION OF THE LEGISLATURE,] concerning the activities of the state 22 board and the local review panels during the previous fiscal year; the report must 23 include the number of cases reviewed by each local review panel, a description of the 24 characteristics of the children whose cases were reviewed by the local review panels, 25 the number of children reunited with their families, the number of children placed in 26 other permanent homes, and recommendations and justifications for program 27 improvement, including recommendations relating to state agencies and to the panel 28 review system; the report may contain other information on the experience of the local 29 review panels; the board [STATE PANEL] shall provide the governor and 30 [NOTIFY] the legislature with [THAT] the report [IS AVAILABLE]. 31 * Sec. 15. AS 47.14.220 is amended to read:
01 Sec. 47.14.220. Appointment of local review panels. (a) The board 02 [GOVERNOR] shall appoint for each judicial district [A LOCAL CITIZEN OUT-OF- 03 HOME CARE REVIEW PANEL COMPOSED OF] five to 10 persons available to serve as 04 public members on local review panels [AND TWO ALTERNATES] who are residents of 05 the judicial district. Public members [MEMBERS] shall serve staggered [THREE-YEAR] 06 terms of three years or until their successors are [EXCEPT THAT, WHEN A LOCAL 07 PANEL IS INITIALLY] appointed. Public members may be reappointed to successive 08 terms not to exceed six consecutive years [, TWO MEMBERS SHALL BE APPOINTED 09 FOR THREE-YEAR TERMS, TWO MEMBERS FOR TWO- YEAR TERMS, AND ONE 10 MEMBER FOR A ONE- 11 YEAR TERM. ALTERNATES SHALL BE APPOINTED TO THREE-YEAR TERMS]. 12 (b) The board [GOVERNOR] shall appoint as public members [TO A 13 LOCAL PANEL] persons who have training, experience, special knowledge, or a 14 demonstrated interest in the welfare of children. An out-of-home care provider or a 15 person employed by the court system, the department, the office of public advocacy, 16 the Public Defender Agency, or the Department of Law may not serve as a public 17 member [OR ALTERNATE MEMBER] of a local review panel. The board 18 [GOVERNOR] may not appoint a person who has committed a felony or violated 19 AS 11.51.130 or a law with substantially similar elements. 20 (c) A local review panel shall consist of three public members appointed 21 under this section and two members from the department. The commissioner 22 shall select employees of the department to serve on a local review panel. The 23 local review panel shall be chaired by one of the public members. The public 24 members [COMPOSITION] of a local review panel must be reasonably representative 25 of the various social, economic, racial, ethnic, and cultural groups of the district from 26 which the members are appointed. 27 (d) If the board [STATE PANEL] determines that additional public members 28 [LOCAL PANELS] are necessary in a judicial district because of excessively large or 29 complex caseloads for review or because of the demographics of cases [, OR 30 DETERMINES THAT A LOCAL PANEL IS NOT NECESSARY BECAUSE OF A 31 REDUCED CASELOAD], the board [GOVERNOR] may appoint additional public
01 members [CREATE OR DISSOLVE A LOCAL PANEL. THE GOVERNOR MAY 02 NOT REDUCE THE NUMBER OF PANELS IN A JUDICIAL DISTRICT TO 03 FEWER THAN ONE]. Appointments of public members [TO A PANEL 04 ESTABLISHED] under this subsection are governed by (a) - (c) of this section. 05 Public members serve on the panel at the pleasure of the board. 06 (e) When a person is appointed to serve as a public member on a local 07 review panel, the person shall swear or affirm in writing to keep confidential all 08 information that comes before the local review panel except for nonidentifying case 09 information included in a report to the state board [PANEL], information for reports 10 required under AS 47.17, or as required by court order for good cause shown. A 11 public member of a local review panel [MEMBER] may also share confidential 12 information, on a need to know basis, with other members of the local review panel, 13 the board, and the staff who serve the board or local review panel. 14 * Sec. 16. AS 47.14.230(a) is amended to read: 15 (a) A local review panel shall conduct its meetings in the judicial district in 16 which its public members reside. 17 * Sec. 17. AS 47.14.230(d) is amended to read: 18 (d) A public member of a local review panel [MEMBER] is not eligible for 19 travel expenses, per diem, or other expenses for service on the local review panel 20 unless the state board [PANEL] requires the public [A LOCAL PANEL] member to 21 travel to attend a meeting. If the state board [PANEL] requires a public member of 22 a local review panel [MEMBER] to travel to attend a meeting, the public [LOCAL 23 PANEL] member is entitled to reimbursement for actual expenses incurred by the 24 member in attending the meeting, except that the reimbursement may not exceed the 25 amount of per diem and travel expenses authorized for boards and commissions under 26 AS 39.20.180. 27 * Sec. 18. AS 47.14.240 is amended to read: 28 Sec. 47.14.240. Duties of local review panel. (a) A local review panel shall 29 review the case plan of each child in the custody of the department who is in a 30 placement other than the child's own home under AS 47.10.080(c)(1) or (3), 31 47.10.142, [AS 47.12.120(b)(3),] or AS 47.14.100(c) if the case is under the
01 jurisdiction of a court in the judicial district served by the local review panel. A local 02 review panel may request a local review panel in another judicial district to conduct 03 a review and make a report if that local review panel is more convenient for the child 04 and other persons involved. 05 (b) The local review panel shall review a case as required under 42 U.S.C. 671 06 - 675 (P.L. 96-272) within 180 days after the day the child is initially removed from 07 the child's home and every six months thereafter. A court review may be substituted 08 for a review required under this subsection if the court review meets the requirements 09 of this subsection. 10 (c) At least 30 days before the local review panel [IT] begins a review, or 11 as soon as practicable, department staff [THE LOCAL PANEL] shall provide 12 written notice to the following persons that a review will be conducted and that each 13 person notified may participate in the review: 14 (1) the appropriate employees of the department with knowledge 15 about the case, if not serving on the panel; 16 (2) the child or the child's legal representative; 17 (3) the child's parents; 18 (4) the child's guardian; 19 (5) the child's guardian ad litem; 20 (6) the child's out-of-home care provider; and 21 (7) if the case is governed by 25 U.S.C. 1901 - 1963 (Indian Child 22 Welfare Act), 23 (A) the child's Indian custodian; and 24 (B) the designated representative of the child's Indian tribe if 25 the tribe has intervened in the court case. 26 (d) In reviewing a case, the local review panel shall consider the case plan and 27 any progress report of the department or the child's guardian ad litem, court records, 28 and other relevant information about the child and the child's family. Department 29 staff [THE LOCAL PANEL] shall [ALSO] provide to the following persons an 30 opportunity to be interviewed by the local review panel in person or by telephone or 31 to provide written material to the local review panel:
01 (1) the child whose case is being reviewed if the child is 10 years of 02 age or older; 03 (2) the parents, custodians, or other relatives of the child; 04 (3) the child's out-of-home care provider; 05 (4) the child's guardian; 06 (5) the child's guardian ad litem; 07 (6) the case worker or social worker assigned to the case; 08 (7) if the case is governed by 25 U.S.C. 1901 - 1963 (Indian Child 09 Welfare Act), 10 (A) the child's Indian custodian; and 11 (B) the designated representative of the child's Indian tribe if 12 the tribe has intervened in the court case; and 13 (8) other persons with a close personal knowledge of the case. 14 (e) At the discretion of the child's guardian ad litem, if the child whose case 15 is being reviewed is under 10 years of age, the child may be present at interviews 16 conducted under (d) of this section and during review by the local review panel [,] or 17 may be interviewed. At the child's request, a child who is 10 years of age or older 18 shall be allowed to be present at interviews or a review of the local review panel that 19 concerns the child's case unless the panel determines that for good cause the child's 20 presence would be contrary to the best interests of the child or there is other good 21 cause for denying the child's request. 22 (f) During a review under (a) of this section, a local review panel shall 23 (1) determine whether the child has a case plan designed to achieve 24 placement in the least restrictive, most family-like setting available in close proximity 25 to the home of the child's parents that is consistent with the best interests [OF] and 26 special needs and circumstances of the child; 27 (2) evaluate the continuing necessity and appropriateness of the child's 28 placement, the extent of the compliance with the child's case plan, and the extent of 29 progress that has been made toward mitigating the causes that necessitated placement 30 away from the child's parents; 31 (3) ascertain the date by which it is likely the child may be returned
01 to the home or placed for adoption or legal guardianship; 02 (4) determine whether there has been compliance with applicable 03 provisions of 25 U.S.C. 1901 - 1963 (Indian Child Welfare Act) and other applicable 04 state and federal laws; and 05 (5) determine whether there has been compliance with court review 06 requirements of AS 47.10.080(f) and (l) and [,] 47.10.142(h) [, AND AS 47.12.120(d) 07 AND (g)]. 08 (g) The local review panel shall within 30 days after reviewing the case 09 submit a final written report to the persons listed in (c) of this section. If the local 10 review panel cannot reach unanimous decision on any of the required findings or 11 the content of the report, the vote of the majority of public members shall be 12 reflected as the majority opinion, and the vote of the other members of the panel 13 shall be reflected as the minority opinion. After the vote, department staff shall 14 prepare a draft report reflecting the decisions reached. The chair of the local 15 review panel shall review the draft report to ensure that the report is complete 16 and accurate. The chair shall sign on behalf of the local review panel if the 17 report is complete and accurate. The signed report shall be designated as a final 18 report of the local review panel. 19 (h) The report required under (g) of this section must make advisory 20 recommendations based on the best interests of the child in accordance with 21 AS 47.10.082 and must include notification of the right to request court review under 22 AS 47.10.080(f) [OR AS 47.12.120(d), AS APPROPRIATE]. If the court has 23 scheduled the case for review, the local review panel shall submit its report at least 24 20 days before the hearing. 25 (i) The local review panel shall report to the state board [PANEL] information 26 needed by the state board [PANEL] to prepare the report required under 27 AS 47.14.210. 28 * Sec. 19. AS 47.14.250 is amended to read: 29 Sec. 47.14.250. Cooperation with state board and local review panels. The 30 department, Department of Law, public defender, office of public advocacy, and court 31 system shall cooperate with the state board [PANEL] and the local review panels to
01 facilitate timely review of plans for children whose cases are reviewed under 02 AS 47.14.200 - 47.14.299 [THE JURISDICTION OF THE PANELS]. 03 * Sec. 20. AS 47.14.260 is amended to read: 04 Sec. 47.14.260. Records: communications. (a) Notwithstanding 05 AS 47.10.090 and [,] 47.10.093 [, AS 47.12.300, and 47.12.310], at the request of a 06 local review panel, the department, the child's guardian ad litem, and the court shall 07 furnish to the local review panel relevant records concerning a child and the child's 08 family who are the subjects of a local panel review. At the conclusion of a review, 09 all copies of records provided to a local review panel under this section shall be 10 returned to the staff that serves the local review panel or to the agency from which the 11 original copy was obtained unless the local review panel members need the copies to 12 prepare the reports required under AS 47.14.240(g) - (i). Copies retained for 13 preparation of the reports shall be returned to the staff that serves the local review 14 panel or to the originating agency upon completion of the reports. Notwithstanding 15 AS 44.62.310, records and reports of the local review panel, testimony before the local 16 review panel, and deliberations of the local review panel are confidential under 17 AS 47.10.090 [AND AS 47.12.310]. 18 (b) A public member of a local review panel [MEMBER] may not reveal to 19 another person, other than another member of the local review panel or the staff 20 serving the local review panel, a communication made to the member while 21 performing the member's duties under AS 47.14.200 - 47.14.299 except as required 22 under AS 47.17 or as required by court order for good cause shown. A public 23 member of a local review panel [MEMBER] may share with the state board 24 [PANEL] communications made during the public [LOCAL PANEL] member's 25 performance of official duties if the public [LOCAL PANEL] member omits 26 identifying information. 27 (c) A local review panel proceeding is not governed by AS 44.62.310. 28 * Sec. 21. AS 47.14.270 is repealed and reenacted to read: 29 Sec. 47.14.270. Court review of report. (a) The department shall submit the 30 final report of a local review panel to the court for the court's consideration under 31 AS 47.10.080(f) and at other disposition hearings under AS 47.10.
01 (b) The court may refer to the board for assignment to a local review panel a 02 case called for a special review under AS 47.10.080(f), as appropriate. 03 * Sec. 22. AS 47.14.280 is amended to read: 04 Sec. 47.14.280. Immunity [INDEMNIFICATION] of board and panel 05 members. A state board [PANEL] member and a local review panel member shall 06 be immune from [INDEMNIFIED BY THE STATE FOR] civil liability for a 07 negligent act or omission of the board or panel member that occurs in the 08 performance of the member's duties under AS 47.14.200 - 47.14.299 unless the civil 09 liability results from the panel member's gross negligence or violation of 10 (1) AS 47.14.260(b); or 11 (2) the oath or affirmation required of a local review panel member 12 under AS 47.14.220(e). 13 * Sec. 23. AS 47.14.299 is amended to read: 14 Sec. 47.14.299. Definitions. In AS 47.14.200 - 47.14.299, 15 (1) "board" means the state board; 16 (2) "department" means the Department of Health and Social 17 Services; 18 (3) [(1)] "local review panel" means a local [CITIZEN OUT-OF- 19 HOME CARE] review panel appointed under AS 47.14.220; 20 (4) [(2)] "out-of-home care provider" means an agency or person, other 21 than the child's legal parents, with whom a child who is in the custody of the state 22 under AS 47.10.080(c)(1) or (3), 47.10.142, [AS 47.12.120(b)(3),] or AS 47.14.100(c) 23 is currently placed; in this paragraph, "agency or person" includes a foster parent, a 24 relative other than a parent, a person who has petitioned for adoption of the child, and 25 a residential child care facility; 26 (5) "panel" means a local review panel; 27 (6) [(3)] "state board [PANEL]" means the Citizens' Foster Care 28 Review Board [PANEL FOR PERMANENCY PLANNING] established in [UNDER] 29 AS 47.14.200. 30 * Sec. 24. AS 47.14.230(b) and 47.14.230(c) are repealed. 31 * Sec. 25. TRANSITION. (a) Notwithstanding secs. 1 - 24 of this Act, the commissioner
01 of administration may phase in implementation of this Act. Local review panels shall begin 02 hearing all cases covered by this Act in Anchorage as soon as possible. Subject to 03 appropriations, local review panels shall be implemented in the remainder of the state as soon 04 as practicable. 05 (b) To the maximum extent for which appropriations are available, local review panels 06 shall be in place in all judicial districts no later than 24 months after the effective date of this 07 Act. 08 * Sec. 26. This Act takes effect immediately under AS 01.10.070(c).