CSSSHB 340(HES): "An Act relating to child abuse and neglect, child-in-need-of-aid proceedings, delinquency hearings, and review of cases involving certain children who are in the custody of the state; relating to the crime of endangering the welfare of a minor; relating to disclosure of information about children and their families; amending Rules 3, 7, 10, 15, 17 - 19, and 22, Alaska Child in Need of Aid Rules; amending Rules 3, 7, 10, 12, 21, 23, and 25, Alaska Delinquency Rules; and providing for an effective date."
00CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 340(HES) 01 "An Act relating to child abuse and neglect, child-in-need-of-aid proceedings, 02 delinquency hearings, and review of cases involving certain children who are in 03 the custody of the state; relating to the crime of endangering the welfare of a 04 minor; relating to disclosure of information about children and their families; 05 amending Rules 3, 7, 10, 15, 17 - 19, and 22, Alaska Child in Need of Aid 06 Rules; amending Rules 3, 7, 10, 12, 21, 23, and 25, Alaska Delinquency Rules; 07 and providing for an effective date." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. AS 11.51.100(a) is amended to read: 10 (a) A person commits the crime of endangering the welfare of a minor if, 11 being a parent, guardian, or other person legally charged with the care of a child under 12 10 years of age, the person 13 (1) intentionally deserts the child in any place under circumstances 14 creating a substantial risk of physical injury to the child ;
01 (2) with criminal negligence, has the child in the person's care and 02 the person's physical or mental condition is impaired as a result of the 03 introduction of an intoxicating liquor or a controlled substance into the person's 04 body; or 05 (3) with criminal negligence, has the child in the person's care 06 (A) in a place where the person knows or reasonably ought 07 to know that a controlled substance is possessed in violation of law; or 08 (B) while the person illegally possesses a controlled 09 substance . 10 * Sec. 2. AS 11.56 is amended by adding a new section to read: 11 Sec. 11.56.802. False report of child abuse or neglect. (a) A person 12 commits the crime of making a false report of child abuse or neglect if the person 13 knowingly makes a false report to the Department of Health and Social Services that 14 the person suspects that a child has suffered harm as a result of child abuse or neglect. 15 (b) Making a false report of child abuse or neglect is a class C felony. 16 * Sec. 3. AS 47.10.010 is amended by adding a new subsection to read: 17 (f) The court may not find a child to be a child in need of aid under this 18 section solely on the basis that the child's family is poor, lacks adequate housing, or 19 lives a lifestyle that is different from the generally accepted lifestyle standard of the 20 community where the family lives. However, this subsection may not be construed to 21 prevent a court from finding that a child is in need of aid if the child has been 22 subjected to conduct or conditions described in (a) of this section. 23 * Sec. 4. AS 47.10.030(b) is amended to read: 24 (b) In all cases under this chapter , the child [MINOR], each parent or 25 custodian of the child, [MINOR] and the child's guardian , grandparents, healthcare 26 providers, current and previous foster parents, and guardian ad litem, if any, [OF 27 THE MINOR] shall be given notice adequate to give actual notice of all [THE] 28 proceedings and the possibility of termination of parental rights and responsibilities, 29 taking into account education and language differences that are known or reasonably 30 ascertainable by the petitioner or the department. The notice of the hearing must 31 contain all names by which the child [MINOR] has been identified. Notice shall be
01 given in the manner appropriate under rules of civil procedure for the service of 02 process in a civil action under Alaska law or in any manner the court by order directs. 03 Proof of the giving of the notice shall be filed with the court before the petition is 04 heard. The court may also subpoena the parent of the child [MINOR], or any other 05 person whose testimony may be necessary at the hearing. A subpoena or other process 06 may be served by a person authorized by law to make the service, and where personal 07 service cannot be made, the court may direct that service of process be in a manner 08 appropriate under rules of civil procedure for the service of process in a civil action 09 under Alaska law or in any manner the court directs. 10 * Sec. 5. AS 47.10.070(a) is amended to read: 11 (a) The court may conduct the hearing on the petition in an informal manner 12 in the courtroom or in chambers. The court shall give notice of the hearing to the 13 department and it may send a representative to the hearing. The department shall 14 send a notice of the hearing to the persons entitled to notice under 15 AS 47.10.030(b). The court shall also transmit a copy of the petition to the 16 department. The persons to whom the department must send notice of the hearing 17 are entitled to [REPRESENTATIVE OF THE DEPARTMENT MAY ALSO] be heard 18 at the hearing. The public shall be excluded from the hearing, but the court shall [, 19 IN ITS DISCRETION, MAY] permit persons who are given notice under 20 AS 47.10.030(b) [INDIVIDUALS] to attend a hearing and remain present unless [IF] 21 their attendance is incompatible [COMPATIBLE] with the best interests of the child. 22 This subsection may not be construed to require that persons to whom notice is 23 given under AS 47.10.030(b) are required to be made parties to the proceedings 24 [MINOR]. 25 * Sec. 6. AS 47.10.070 is amended by adding a new subsection to read: 26 (c) In all cases under this chapter, the court shall provide to the child's 27 grandparents, the child's current and previous foster parents, and any relative or other 28 custodian who is providing out-of-home care for the child notice of, and an 29 opportunity to be heard in, any hearing held with respect to the child. This subsection 30 may not be construed to require that these persons be made a party to the proceedings. 31 * Sec. 7. AS 47.10.080(c) is amended to read:
01 (c) If the court finds that the child [MINOR] is a child in need of aid, it shall 02 (1) order the child [MINOR] committed to the department for 03 placement in an appropriate setting for a period of time not to exceed two years or in 04 any event past the date the child [MINOR] becomes 19 years of age, except that the 05 department or the child's guardian ad litem may petition for and the court , upon a 06 showing of exceptional circumstances, may grant in a hearing (A) one-year [TWO- 07 YEAR] extensions of commitment that do not extend beyond the child's [MINOR'S] 19th 08 birthday if the extensions are [EXTENSION IS] in the best interests of the child [MINOR]; 09 and (B) an additional one-year period of supervision past age 19 if the continued supervision 10 is in the best interests of the person and the person consents to it; the department may transfer 11 the child [MINOR], in the child's [MINOR'S] best interests, from one placement setting to 12 another, and the child, the child's foster parent [MINOR], the child's [MINOR'S] parents 13 or guardian, and the child's [MINOR'S] attorney and guardian ad litem are entitled to 14 reasonable notice of the transfer; 15 (2) order the child [MINOR] released to the child's [MINOR'S] 16 parents, guardian, or some other suitable person, and, in appropriate cases, order the 17 parents, guardian, or other person to provide medical or other care and treatment; if 18 the court releases the child [MINOR], it shall direct the department to supervise the 19 care and treatment given to the child [MINOR], but the court may dispense with the 20 department's supervision if the court finds that the adult to whom the child [MINOR] 21 is released will adequately care for the child [MINOR] without supervision; the 22 department's supervision may not exceed two years or in any event extend past the 23 date the child [MINOR] reaches age 19, except that the department or the child's 24 guardian ad litem may petition for and the court , upon a showing of exceptional 25 circumstances, may grant in a hearing 26 (A) one-year [TWO-YEAR] extensions of supervision that do 27 not extend beyond the child's [MINOR'S] 19th birthday if the extensions are 28 [EXTENSION IS] in the best interests of the child [MINOR]; and 29 (B) an additional one-year period of supervision past age 19 if 30 the continued supervision is in the best interests of the person and the person 31 consents to it; or
01 (3) by order, upon a showing in the adjudication by clear and 02 convincing evidence that there is a child in need of aid under AS 47.10.010(a) as a 03 result of parental conduct and upon a showing in the disposition by clear and 04 convincing evidence that the parental conduct is likely to continue to exist if there is 05 no termination of parental rights, terminate parental rights and responsibilities of one 06 or both parents and commit the child to the department or to a legally appointed 07 guardian of the person of the child, and the department or guardian shall report 08 monthly [ANNUALLY] to the court on efforts being made to find a permanent 09 placement for the child. 10 * Sec. 8. AS 47.10.080(f) is amended to read: 11 (f) A child [MINOR] found to be a child in need of aid is a ward of the state 12 while committed to the department or the department has the power to supervise the 13 child's [MINOR'S] actions. The court shall review an order made under (c)(1) or (2) 14 of this section semi-annually [ANNUALLY], and may review the order more 15 frequently to determine if continued placement or supervision, as it is being provided, 16 is in the best interest of the child [MINOR]. If a [ANNUAL] review under this 17 subsection would arise within 90 days of the hearing required under (l) of this section, 18 the court may postpone review under this subsection until the time set for the hearing. 19 The department, the child [MINOR], and the child's [MINOR'S] parents, 20 grandparents, current and previous foster parents, guardian, guardian ad litem, 21 or other custodian are entitled, when good cause is shown, to a review on application. 22 If the application is granted, the court shall afford these parties and their counsel 23 reasonable notice in advance of the review and hold a hearing where these parties and 24 their counsel and the child's health care providers shall be afforded an opportunity 25 to be heard. The child [MINOR] shall be afforded the opportunity to be present at the 26 review. 27 * Sec. 9. AS 47.10.080(l) is amended to read: 28 (l) Within 18 months after the date a child is initially removed from the child's 29 home by the department under AS 47.10.142(c) or committed to the custody of the 30 department under (c)(1) or (3) of this section or AS 47.14.100(c), the court shall hold 31 a hearing to review the placement and services provided and to determine the future
01 status of the child. The persons entitled to be heard at the hearing under 02 AS 47.10.070 or under (f) of this section are also entitled to be heard at the 03 hearing under this subsection [MINOR]. The court shall make appropriate written 04 findings, including findings related to the following: 05 (1) whether the child should be returned to the parent; 06 (2) whether the child should remain in out-of-home care for a specified 07 period; 08 (3) whether the child should remain in out-of-home care on a 09 permanent or long-term basis because of special needs or circumstances; 10 (4) whether the child should be placed for adoption or legal 11 guardianship. 12 * Sec. 10. AS 47.10.090(e) is amended to read: 13 (e) The court's official records under this chapter may be inspected only with 14 the court's permission and only by persons having a legitimate interest in them. A 15 foster parent is considered to have a legitimate interest in the records of a child 16 who is already placed with the foster parent or who is recommended for 17 placement with the foster parent. 18 * Sec. 11. AS 47.10.092(a) is amended to read: 19 (a) Notwithstanding AS 47.10.090 and 47.10.093, a parent or legal guardian 20 of a child [MINOR] subject to a proceeding under AS 47.10.010 - 47.10.142 may 21 disclose confidential or privileged information about the child or the child's family 22 [MINOR], including information that has been lawfully obtained from agency or court 23 files, to the governor, the lieutenant governor, a legislator, the ombudsman appointed 24 under AS 24.55, the attorney general, and the commissioners of health and social 25 services, administration, or public safety, or an employee of these persons, for review 26 or use in their official capacities. The department shall [MAY] disclose additional 27 confidential or privileged information about the child or the child's family and make 28 copies of all documents contained in the file about the child or the child's family 29 available for inspection [DOCUMENTS ABOUT THE MINOR] to these state officials 30 or employees for review or use in their official capacities upon request of the official 31 or employee and submission of written evidence that a parent or legal guardian
01 of the child has requested the state official's assistance in the case as part of the 02 official's duties . A person to whom disclosure is made under this section may not 03 disclose confidential or privileged information about the child or the child's family 04 [MINOR] to a person not authorized to receive it. 05 * Sec. 12. AS 47.10.092 is amended by adding a new subsection to read: 06 (d) Notwithstanding AS 47.10.090 and 47.10.093, current or previous foster 07 parents or grandparents of a child subject to a proceeding under AS 47.10.010 - 08 47.10.142 may disclose confidential or privileged information about the child, 09 including information that has been lawfully obtained from agency or court files, to 10 the governor, the lieutenant governor, a legislator, the ombudsman appointed under 11 AS 24.55, the attorney general, and the commissioners of health and social services, 12 administration, or public safety, or an employee of these persons, for review or use in 13 their official capacities. The department shall disclose additional confidential or 14 privileged information about the child and make copies of all documents in the file 15 about the child available for inspection to these state officials or employees for review 16 or use in their official capacities upon request of the official or employee and 17 submission of written evidence that a current or previous foster parent or a grandparent 18 of the child has requested the official's assistance in the case as part of the official's 19 duties. A person to whom disclosure is made under this section may not disclose 20 confidential or privileged information about the child to a person not authorized to 21 receive it. 22 * Sec. 13. AS 47.10.093(b) is amended to read: 23 (b) A state or municipal agency or employee shall [MAY] disclose 24 appropriate information regarding a case to 25 (1) a guardian ad litem appointed by the court or to a citizen review 26 board or local review panel for permanency planning authorized by AS 47.14.200 or 27 47.14.220; 28 (2) a person or an agency requested to provide consultation or services 29 for a child [MINOR] who is subject to the jurisdiction of the court under 30 AS 47.10.010; 31 (3) school officials as may be necessary to enable the school to provide
01 appropriate counseling and support services to the child [MINOR] who is the subject 02 of the case, to protect the safety of the child [MINOR] who is the subject of the case, 03 and to protect the safety of school students and staff; 04 (4) a governmental agency as may be necessary to obtain that agency's 05 assistance for the department in its investigation or to obtain physical custody of a 06 child; [AND] 07 (5) a state or municipal law enforcement agency as may be necessary 08 for a specific investigation being conducted by that agency or for disclosures by that 09 agency to protect the public safety ; and 10 (6) a foster parent who requests information about a child who is 11 already placed with the foster parent or who is recommended for placement with 12 the foster parent . 13 * Sec. 14. AS 47.10.093 is amended by adding a new subsection to read: 14 (k) A state or municipal agency or employee shall disclose information 15 regarding a case to a foster parent or to the administrator of a facility or an agency 16 concerning a child placed with the foster parent, facility, or agency as may be 17 necessary to protect the safety of the child who is the subject of the case and the safety 18 of the foster parent and all persons residing with the foster parent and of the 19 employees and residents of the facility or agency. 20 * Sec. 15. AS 47.12.010 is amended to read: 21 Sec. 47.12.010. Purpose of chapter. The purposes of this chapter are to 22 (1) [TO] protect the public and to reform juvenile offenders; 23 (2) [TO] provide that, for the most common offenses committed by 24 minors, those punishable as misdemeanors, resolution should require some form of 25 sanction, that the form of the sanction should be certain, that the imposition of the 26 sanction should be swift, and that the sanction may take the form of a reasonable claim 27 on the time and talents of the minor who has committed the offense; and 28 (3) [TO] provide that counseling provided to the minor should, if 29 appropriate, include the minor's family or guardian, that the minor's family , foster 30 parent, or guardian has the right to offer suggestions and make recommendations for 31 the correction of the minor's behavior, and that the minor's family or guardian may be
01 asked to participate in supervision of the minor's treatment. 02 * Sec. 16. AS 47.12.050(a) is amended to read: 03 (a) Except as may be otherwise specifically provided, in all cases under this 04 chapter, the minor, each parent of the minor, the foster parent of the minor, and the 05 guardian of the minor are entitled to notice adequate to give actual notice of the 06 proceedings, taking into account education and language differences that are known 07 or reasonably ascertainable by the party giving the notice. The notice must contain all 08 names by which the minor has been identified. 09 * Sec. 17. AS 47.12.060(b) is amended to read: 10 (b) When the agency decides that an informal adjustment of a matter should 11 be made, that informal adjustment may not be made without the agreement or consent 12 of the minor and the minor's parents or guardians to the terms and conditions of the 13 adjustment. In addition, the agency shall give the minor's foster parent an 14 opportunity to be heard before the informal adjustment is made. An informal 15 action to adjust a matter is not successfully completed unless, among other factors that 16 the agency considers, as to the victim of the act of the minor that is the basis of the 17 delinquency allegation, the minor pays restitution in the amount set by the agency or 18 agrees as a term or condition set by the agency to pay the restitution. 19 * Sec. 18. AS 47.12.110(a) is amended to read: 20 (a) The court shall conduct a hearing on the petition. The court shall give 21 notice of the hearing to the department, and the department shall send a representative 22 to the hearing. The representative of the department may also be heard at the hearing. 23 The department shall give notice of the hearing and a copy of the petition to the 24 minor's foster parent, and the court shall give the foster parent an opportunity 25 to be heard at the hearing. The public shall be excluded from the hearing, but the 26 court, in its discretion, may permit individuals to attend a hearing [,] if their attendance 27 is compatible with the best interests of the minor. Nothing in this section may be 28 applied in such a way as to deny a minor's rights to a public trial and to a trial by jury. 29 * Sec. 19. AS 47.12.120(b) is amended to read: 30 (b) If the court finds that the minor is delinquent, it shall 31 (1) order the minor committed to the department for a period of time
01 not to exceed two years or in any event extend past the day the minor becomes 19, 02 except that the department may petition for and the court may grant in a hearing (A) 03 two-year extensions of commitment that do not extend beyond the child's 19th birthday 04 if the extension is in the best interests of the minor and the public; and (B) an 05 additional one-year period of supervision past age 19 if continued supervision is in the 06 best interests of the person and the person consents to it; the department shall place 07 the minor in the juvenile facility that the department considers appropriate and that 08 may include a juvenile correctional school, juvenile work camp, treatment facility, 09 detention home, or detention facility; the minor may be released from placement or 10 detention and placed on probation on order of the court and may also be released by 11 the department, in its discretion, under AS 47.12.260; 12 (2) order the minor placed on probation, to be supervised by the 13 department, and released to the minor's parents, guardian, or a suitable person; if the 14 court orders the minor placed on probation, it may specify the terms and conditions 15 of probation; the probation may be for a period of time, not to exceed two years and 16 in no event extend past the day the minor becomes 19, except that the department may 17 petition for and the court may grant in a hearing 18 (A) two-year extensions of supervision that do not extend 19 beyond the child's 19th birthday if the extension is in the best interests of the 20 minor and the public; and 21 (B) an additional one-year period of supervision past age 19 if 22 the continued supervision is in the best interests of the person and the person 23 consents to it; 24 (3) order the minor committed to the department and placed on 25 probation, to be supervised by the department, and released to the minor's parents, 26 guardian, other suitable person, or suitable nondetention setting such as a family home, 27 group care facility, or child care facility, whichever the department considers 28 appropriate to implement the treatment plan of the predisposition report; if the court 29 orders the minor placed on probation, it may specify the terms and conditions of 30 probation; the department may transfer the minor, in the minor's best interests, from 31 one of the probationary placement settings listed in this paragraph to another, and the
01 minor, the minor's foster parent, the minor's parents or guardian, and the minor's 02 attorney are entitled to reasonable notice of the transfer; the probation may be for a 03 period of time, not to exceed two years and in no event extend past the day the minor 04 becomes 19, except that the department may petition for and the court may grant in 05 a hearing 06 (A) two-year extensions of commitment that do not extend 07 beyond the child's 19th birthday if the extension is in the best interests of the 08 minor and the public; and 09 (B) an additional one-year period of supervision past age 19 if 10 the continued supervision is in the best interests of the person and the person 11 consents to it; 12 (4) order the minor and the minor's parent to make suitable restitution 13 in lieu of or in addition to the court's order under (1), (2), or (3) of this subsection; 14 under this paragraph, 15 (A) except as provided in (B) of this paragraph, the court may 16 not refuse to make an order of restitution to benefit the victim of the act of the 17 minor that is the basis of the delinquency adjudication; and 18 (B) the court may not order payment of restitution by the parent 19 of a minor who is a runaway or missing minor for an act of the minor that was 20 committed by the minor after the parent has made a report to a law 21 enforcement agency, as authorized by AS 47.10.141(a), that the minor has run 22 away or is missing; for purposes of this subparagraph, "runaway or missing 23 minor" means a minor who a parent reasonably believes is absent from the 24 minor's residence for the purpose of evading the parent or who is otherwise 25 missing from the minor's usual place of abode without the consent of the 26 parent; 27 (5) order the minor committed to the department for placement in an 28 adventure-based [ADVENTURE BASED] education program established under 29 AS 47.21.020 with conditions the court considers appropriate concerning release upon 30 satisfactory completion of the program or commitment under (1) of this subsection if 31 the program is not satisfactorily completed;
01 (6) in addition to an order under (1) - (5) of this subsection, if the 02 delinquency finding is based on the minor's violation of AS 11.71.030(a)(3) or 03 11.71.040(a)(4), order the minor to perform 50 hours of community service; for 04 purposes of this paragraph, "community service" includes work 05 (A) defined as community service under AS 33.30.901; or 06 (B) that, on the recommendation of the city council or 07 traditional village council, would benefit persons within the city or village who 08 are elderly or disabled; or 09 (7) in addition to an order under (1) - (6) of this subsection, order the 10 minor's parent or guardian to comply with orders made under AS 47.12.155, including 11 participation in treatment under AS 47.12.155(b)(1). 12 * Sec. 20. AS 47.12.120(d) is amended to read: 13 (d) A minor found to be delinquent is a ward of the state while committed to 14 the department or while the department has the power to supervise the minor's actions. 15 The court shall review an order made under (b) of this section annually [,] and may 16 review the order more frequently to determine if continued placement, probation, or 17 supervision, as it is being provided, is in the best interest of the minor and the public. 18 If annual review under this subsection would arise within 90 days of the hearing 19 required under (g) of this section, the court may postpone review under this subsection 20 until the time set for the hearing. The department, the minor, and the minor's parents, 21 guardian, or custodian are entitled, when good cause is shown, to a review on 22 application. If the application is granted, the court shall afford these parties and their 23 counsel and the minor's foster parent reasonable notice in advance of the review and 24 hold a hearing where these parties and their counsel and the minor's foster parent 25 shall be afforded an opportunity to be heard. The minor shall be afforded the 26 opportunity to be present at the review. 27 * Sec. 21. AS 47.12.120(g) is amended to read: 28 (g) Within 18 months after the date a minor is committed to the custody of the 29 department under (b)(3) of this section, the court shall hold a hearing to review the 30 placement and services provided and to determine the future status of the minor. The 31 minor's foster parent is entitled to notice of the hearing, and, if the foster parent
01 attends, the foster parent is entitled to be heard at the hearing. The court shall 02 make appropriate written findings, including findings related to the following: 03 (1) whether the minor should be returned to the parent; 04 (2) whether the minor should remain in out-of-home care for a 05 specified period; 06 (3) whether the minor should remain in out-of-home care on a 07 permanent or long-term basis because of special needs or circumstances; 08 (4) whether the minor should be placed for adoption or legal 09 guardianship. 10 * Sec. 22. AS 47.12.250(b) is amended to read: 11 (b) A peace officer who has a minor detained under (a) of this section shall 12 immediately, and in no event more than 12 hours later, notify the court and make 13 reasonable efforts to notify the minor's parents or guardian , the minor's foster parent, 14 and the department of the officer's action. The department may file with the court a 15 petition alleging delinquency before the detention hearing. 16 * Sec. 23. AS 47.12.250(c) is amended to read: 17 (c) The court shall immediately, and in no event more than 48 hours later, hold 18 a hearing at which the minor and the minor's parents or guardian if they can be found 19 shall be present. The court shall determine whether probable cause exists for believing 20 the minor to be delinquent. The court shall inform the minor of the reasons alleged 21 to constitute probable cause and the reasons alleged to authorize the minor's detention. 22 The minor is entitled to counsel and to confrontation of adverse witnesses. The court 23 shall give the minor's foster parent the opportunity to be heard at the hearing. 24 * Sec. 24. AS 47.12.300(e) is amended to read: 25 (e) The court's official records under this chapter may be inspected only with 26 the court's permission and only by persons having a legitimate interest in them. A 27 person with a legitimate interest in the inspection of an official record maintained by 28 the court includes a foster parent who requests information about a child who is 29 already placed with the foster parent or who is recommended for placement with 30 the foster parent and a victim who suffered physical injury or whose real or personal 31 property was damaged as a result of an offense that was the basis of an adjudication
01 or modification of disposition. If the victim knows the identity of the minor, identifies 02 the minor or the offense to the court, and certifies that the information is being sought 03 to consider or support a civil action against the minor or against the minor's parents 04 or guardians under AS 34.50.020, the court shall, subject to AS 12.61.110 and 05 12.61.140, allow the victim to inspect and use the following records and information 06 in connection with the civil action: 07 (1) a petition filed under AS 47.12.040(a) seeking to have the court 08 declare the minor a delinquent; 09 (2) a petition filed under AS 47.12.120 seeking to have the court 10 modify or revoke the minor's probation; 11 (3) a petition filed under AS 47.12.100 requesting the court to find that 12 a minor is not amenable to treatment under this chapter and that results in closure of 13 a case under AS 47.12.100(a); and 14 (4) a court judgment or order entered under this chapter that disposes 15 of a petition identified in (1) - (3) of this subsection. 16 * Sec. 25. AS 47.12.310(b) is amended to read: 17 (b) A state or municipal agency or employee may disclose information 18 regarding a case to 19 (1) a guardian ad litem appointed by the court or to a citizen review 20 board or local review panel for permanency planning authorized by AS 47.14.200 - 21 47.14.220; 22 (2) a person or an agency requested to provide consultation or services 23 for a minor who is subject to the jurisdiction of the court under this chapter; 24 (3) school officials as may be necessary to protect the safety of the 25 minor who is the subject of the case and the safety of school students and staff or to 26 enable the school to provide appropriate counseling and supportive services to meet 27 the needs of a minor about whom information is disclosed; 28 (4) a governmental agency as may be necessary to obtain that agency's 29 assistance for the department in its investigation or to obtain physical custody of a 30 minor; 31 (5) a state or municipal law enforcement agency as may be necessary
01 for a specific investigation being conducted by that agency or for disclosures by that 02 agency to protect the public safety; [AND] 03 (6) a victim as may be necessary to inform the victim about the 04 disposition or resolution of a case involving a minor ; and 05 (7) a foster parent who requests information about a child who is 06 already placed with the foster parent or who is recommended for placement with 07 the foster parent . 08 * Sec. 26. AS 47.12.310 is amended by adding a new subsection to read: 09 (k) A state or municipal agency or employee shall disclose information 10 regarding a case to a foster parent or to the administrator of a facility or an agency 11 concerning a minor placed with the foster parent, facility, or agency as may be 12 necessary to protect the safety of the minor who is the subject of the case and the 13 safety of the foster parent and all persons residing with the foster parent and of the 14 employees and residents of the facility or agency. 15 * Sec. 27. AS 47.14.100(a) is amended to read: 16 (a) Subject to (e) and (f) of this section, the department shall arrange for the 17 care of every child committed to its custody by placing the child in a foster home or 18 in the care of an agency or institution providing care for children inside or outside the 19 state. The department may place a child in a suitable family home, with or without 20 compensation, and may place a child released to it, in writing verified by the parent, 21 or guardian or other person having legal custody, for adoptive purposes, in a home for 22 adoption in accordance with existing law. After a child has been placed in a foster 23 home, the department shall, on request of the foster parent, consider the views of 24 the foster parent concerning appropriate treatment plans for the child and shall 25 give the foster parent an opportunity to be heard before subsequent placement 26 decisions are made by the department about the child. 27 * Sec. 28. AS 47.14.100(d) is amended to read: 28 (d) In addition to money paid for the maintenance of foster children under (b) 29 of this section, the department 30 (1) shall pay the costs of caring for physically or mentally handicapped 31 foster children, including the additional costs of medical care, habilitative and
01 rehabilitative treatment, services , [AND] equipment, special clothing, and the indirect 02 costs of medical care, including child care and transportation expenses; 03 (2) shall [MAY] pay for respite care; in this paragraph, "respite care" 04 means child care for the purpose of providing 05 [(A)] temporary relief from the stresses of caring for a foster 06 child [WHO HAS A PHYSICAL OR MENTAL DISABILITY OR A 07 PHYSICAL OR MENTAL IMPAIRMENT; IN THIS SUBPARAGRAPH, 08 (i) "PHYSICAL OR MENTAL DISABILITY" HAS 09 THE MEANING GIVEN IN AS 18.80.300(12)(A), (B), AND (D); 10 AND 11 (ii) "PHYSICAL OR MENTAL IMPAIRMENT" HAS 12 THE MEANING GIVEN IN AS 18.80.300; AND 13 (B) PROTECTION FOR THE CHILD WHEN THE FOSTER 14 PARENT IS 15 (i) AWAY FROM THE HOME BECAUSE OF AN 16 EMERGENCY AND OTHER CARE IS NOT AVAILABLE FOR THE 17 CHILD; OR 18 (ii) ON VACATION AND THE CHILD, BECAUSE OF 19 AGE OR INFIRMITY, CANNOT BE PLACED IN ANY OTHER 20 TYPE OF TEMPORARY CARE FACILITY]; and 21 (3) may pay a subsidized guardianship payment under AS 25.23.210 22 when a foster child's foster parents or other persons approved by the department 23 become court-appointed legal guardians of the child. 24 * Sec. 29. AS 47.14 is amended by adding a new section to read: 25 Sec. 47.14.115. Training of foster parents. On a quarterly basis and at no 26 cost to the foster parent, the department shall offer a training seminar or consultation 27 opportunity to a foster parent that is designed to help the foster parent understand and 28 care for the particular child who has been placed with the foster parent. 29 * Sec. 30. AS 47.14.240(d) is amended to read: 30 (d) In reviewing a case, the local review panel shall consider the case plan and 31 any progress report of the department or the child's guardian ad litem, court records,
01 and other relevant information about the child and the child's family. The local 02 review panel shall provide to the following persons an opportunity to be interviewed 03 by the local review panel in person or by telephone or to provide written material to 04 the local review panel: 05 (1) the child whose case is being reviewed if the child is 10 years of 06 age or older; 07 (2) the parents, custodians, or other relatives of the child; 08 (3) the child's out-of-home care provider; 09 (4) the child's guardian; 10 (5) the child's guardian ad litem; 11 (6) the case worker or social worker assigned to the case; 12 (7) the child's health care providers; 13 (8) if the case is governed by 25 U.S.C. 1901 - 1963 (Indian Child 14 Welfare Act), 15 (A) the child's Indian custodian; and 16 (B) the designated representative of the child's Indian tribe if 17 the tribe has intervened in the court case; and 18 (9) [(8)] other persons with a close personal knowledge of the case. 19 * Sec. 31. AS 47.14.240(h) is amended to read: 20 (h) The report required under (g) of this section must make advisory 21 recommendations based on the best interests of the child in accordance with 22 AS 47.10.082 and must include notification of the right to request court review under 23 AS 47.10.080(f). If the court has scheduled the case for review, the local review panel 24 shall submit its report at least 20 days before the hearing , and the department shall 25 ensure that the court has a copy of the recommendations that are made in the 26 report . 27 * Sec. 32. COURT RULE CHANGE; CINA PROCEEDINGS. (a) AS 47.10.030, 28 47.10.070, and 47.10.080, as amended by secs. 4 - 9 of this Act, have the effect of amending 29 Rules 3, 7, 10, 15, 17, and 19, Alaska Child in Need of Aid Rules, by requiring certain 30 information about children's hearings to be sent to additional persons and by providing that 31 those persons are entitled to testify and be present at the hearings.
01 (b) Sections 4 - 9 of this Act take effect only if this section receives the two-thirds 02 majority vote of each house required by art. IV, sec. 15, Constitution of the State of Alaska. 03 * Sec. 33. COURT RULE CHANGE; DELINQUENCY RULES. (a) AS 47.12.050, 04 47.12.060, 47.12.110, 47.12.120, and 47.12.250, as amended by secs. 16 - 23 of this Act, have 05 the effect of amending Rules 3, 7, 10, 12, 21, 23, and 25, Alaska Delinquency Rules, by 06 requiring certain information about delinquency hearings to be sent to foster parents and by 07 providing that foster parents are entitled to testify at the hearings. 08 (b) Sections 16 - 23 of this Act take effect only if this section receives the two-thirds 09 majority vote of each house required by art. IV, sec. 15, Constitution of the State of Alaska. 10 * Sec. 34. COURT RULE CHANGE; REVIEWS. (a) To the extent that AS 47.10.080(f) 11 is amended by sec. 8 of this Act to require semi-annual court review of orders regarding a 12 child in need of aid, that provision amends Rule 19(a), Alaska Child in Need of Aid Rules, 13 which currently provides for annual review. 14 (b) The amendment described in (a) of this section takes effect only if this section 15 receives the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution 16 of the State of Alaska. 17 * Sec. 35. COURT RULE CHANGE; REPORTS. (a) AS 47.10.080(c)(3), as amended 18 by sec. 7 of this Act, has the effect of amending Rule 18(e), Alaska Child in Need of Aid 19 Rules, by requiring the Department of Health and Social Services to report monthly, instead 20 of annually, on its efforts to find a permanent placement for a child. 21 (b) The amendment made to AS 47.10.080(c)(3) by sec. 7 of this Act takes effect only 22 if this section receives the two-thirds majority vote of each house required by art. IV, sec. 15, 23 Constitution of the State of Alaska. 24 * Sec. 36. COURT RULE CHANGE; EXTENSIONS OF COMMITMENT OR 25 SUPERVISION. (a) To the extent that AS 47.10.080(c)(1) and (2) are amended by sec. 7 26 of this Act to allow a child's guardian ad litem to petition for an extension of the child's 27 commitment or supervision and to require a showing of exceptional circumstances, those 28 provisions amend Rule 19(e), Alaska Child in Need of Aid Rules, relating to petitions for 29 extensions of commitment or supervision of a child. 30 (b) The amendments described in (a) of this section take effect only if this section 31 receives the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution
01 of the State of Alaska. 02 * Sec. 37. COURT RULE CHANGE; CONFIDENTIAL INFORMATION. (a) 03 AS 47.10.092, as amended by secs. 11 and 12 of this Act, amend Rule 22, Alaska Child in 04 Need of Aid Rules, by providing exceptions to the confidentiality of information pertaining 05 to a child who is the subject of child-in-need-of-aid proceedings. 06 (b) Sections 11 and 12 of this Act take effect only if this section receives the two- 07 thirds majority vote of each house required by art. IV, sec. 15, Constitution of the State of 08 Alaska. 09 * Sec. 38. APPLICABILITY. (a) The changes made by secs. 4 - 9 and 16 - 23 of this 10 Act apply to hearings described in this Act for which notice has not been sent by the court 11 or the Department of Health and Social Services before the effective date of this Act. 12 (b) AS 11.56.802, added by sec. 2 of this Act, applies to a report of suspected child 13 abuse that is made on or after the effective date of this Act. 14 * Sec. 39. This Act takes effect immediately under AS 01.10.070(c).