CSHB 375(FIN): "An Act relating to children-in-need-of-aid matters and proceedings; relating to child abuse and neglect; relating to kidnapping and the crime of endangering the welfare of a child; relating to sentencing for certain crimes; relating to the state medical examiner and reviews of child fatalities; relating to teacher certification and convictions of crimes involving child victims; relating to access to, confidentiality of, and release of certain information concerning children, child abuse and neglect, and child fatalities; authorizing the Department of Health and Social Services to enter into an interstate compact concerning adoption and medical assistance for certain children with special needs; relating to the review of cases involving certain children who are in the custody of the state; authorizing the establishment of multidisciplinary child protection teams and relating to their duties; relating to persons required to report suspected child abuse or neglect; relating to foster care and foster parents; relating to access to certain criminal justice information and licensure of certain child care facilities; amending Rule 218, Alaska Rules of Appellate Procedure; and amending Rules 3, 7, 10, 15, 18, 19, and 22, Alaska Child in Need of Aid Rules."
00CS FOR HOUSE BILL NO. 375(FIN) 01 "An Act relating to children-in-need-of-aid matters and proceedings; relating to 02 child abuse and neglect; relating to kidnapping and the crime of endangering 03 the welfare of a child; relating to sentencing for certain crimes; relating to the 04 state medical examiner and reviews of child fatalities; relating to teacher 05 certification and convictions of crimes involving child victims; relating to access 06 to, confidentiality of, and release of certain information concerning children, child 07 abuse and neglect, and child fatalities; authorizing the Department of Health and 08 Social Services to enter into an interstate compact concerning adoption and 09 medical assistance for certain children with special needs; relating to the review 10 of cases involving certain children who are in the custody of the state; 11 authorizing the establishment of multidisciplinary child protection teams and 12 relating to their duties; relating to persons required to report suspected child 13 abuse or neglect; relating to foster care and foster parents; relating to access 14 to certain criminal justice information and licensure of certain child care
01 facilities; amending Rule 218, Alaska Rules of Appellate Procedure; and 02 amending Rules 3, 7, 10, 15, 18, 19, and 22, Alaska Child in Need of Aid 03 Rules." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. INTENT AND PURPOSE OF ACT. (a) The intent of this Act is to protect 06 children from abuse and neglect without prohibiting the use of reasonable methods of parental 07 discipline or prescribing a particular method of parenting. 08 (b) The purpose of this Act is to 09 (1) provide the legal mechanisms by which the state can use its resources for 10 the best interest of children in this state; and 11 (2) override the court decisions in the following cases: 12 (A) Matter of J.L.F., 912 P.2d 1255 (Alaska 1996), In Re S.A., 912 13 P.2d 1235 (Alaska 1996), and F.T. v. State, 862 P.2d 857 (Alaska 1993), concerning 14 the standards to adjudicate a child in need of aid when a parent or caregiver is willing, 15 but unable, to provide essential care for a child; 16 (B) A.M. v. State, 891 P.2d 815 (Alaska 1995), and Nada A. v. State, 17 660 P.2d 436 (Alaska App. 1983), concerning the standards to terminate parental rights 18 when a parent is incarcerated; 19 (C) R.J.M. v. State, 946 P.2d 855 (Alaska 1997), concerning the type 20 of neglect necessary to adjudicate a child in need of aid under AS 47.10. 21 * Sec. 2. AS 10.06.961(a) is amended to read: 22 (a) Notwithstanding AS 13.46.085 or the appointment of a guardian of the 23 property of the child [MINOR] under AS 47.10.010 [AS 47.10.010(c)], when a child 24 [MINOR] who is in the custody of this state under AS 47.10 or a minor who is in the 25 custody of this state under AS 47.12 or of another state under a provision similar to 26 AS 47.10 or AS 47.12 becomes entitled to receive dividends or other distributions 27 resulting from the ownership of stock or a membership in a corporation organized 28 under this chapter and under 43 U.S.C. 1601 - 1641 (Alaska Native Claims Settlement 29 Act), the corporation paying the dividends or making the other distributions shall retain 30 the dividends and other distributions in an interest bearing account for the benefit of 31 the child or minor during the state custody.
01 * Sec. 3. AS 11.41.300(a) is amended to read: 02 (a) A person commits the crime of kidnapping if 03 (1) the person restrains another with intent to 04 (A) hold the restrained person for ransom, reward, or other 05 payment; 06 (B) use the restrained person as a shield or hostage; 07 (C) inflict physical injury upon or sexually assault the restrained 08 person or place the restrained person or a third person in apprehension that any 09 person will be subjected to serious physical injury or sexual assault; 10 (D) interfere with the performance of a governmental or 11 political function; 12 (E) facilitate the commission of a felony or flight after 13 commission of a felony; [OR] 14 (F) commit an offense in violation of AS 11.41.434 - 15 11.41.438 upon the restrained person or place the restrained person or a 16 third person in apprehension that a person will be subject to an offense in 17 violation of AS 11.41.434 - 11.41.438; or 18 (2) the person restrains another 19 (A) by secreting and holding the restrained person in a place 20 where the restrained person is not likely to be found; or 21 (B) under circumstances which expose the restrained person to 22 a substantial risk of serious physical injury. 23 * Sec. 4. AS 11.41.300(d) is amended to read: 24 (d) In a prosecution for kidnapping, it is an affirmative defense which reduces 25 the crime to a class A felony that the defendant voluntarily caused the release of the 26 victim alive in a safe place before arrest, or within 24 hours after arrest, without 27 having caused serious physical injury to the victim and without having engaged in 28 conduct described in AS 11.41.410(a) , [OR] 11.41.420 , 11.41.434, or 11.41.436 . 29 * Sec. 5. AS 11.51.100 is repealed and reenacted to read: 30 Sec. 11.51.100. Endangering the welfare of a child in the first degree. (a) 31 A person commits the crime of endangering the welfare of a child in the first degree
01 if, being a parent, guardian, or other person legally charged with the care of a child 02 under 16 years of age, the person 03 (1) intentionally deserts the child in a place under circumstances 04 creating a substantial risk of physical injury to the child; 05 (2) leaves the child with another person who is not a parent, guardian, 06 or lawful custodian of the child knowing that the person 07 (A) is registered or required to register as a sex offender under 08 AS 12.63 or a law or ordinance in another jurisdiction with similar 09 requirements; 10 (B) has been charged by complaint, information, or indictment 11 with a violation of AS 11.41.410 - 11.41.455 or a law or ordinance in another 12 jurisdiction with similar elements; or 13 (C) has been charged by complaint, information, or indictment 14 with an attempt, solicitation, or conspiracy to commit a crime described in (B) 15 of this paragraph; or 16 (3) leaves the child with another person knowing that the person has 17 previously physically mistreated or had sexual contact with any child, and the other 18 person causes physical injury or engages in sexual contact with the child. 19 (b) In this section, "physically mistreated" means 20 (1) having committed an act punishable under AS 11.41.100 - 21 11.41.250; or 22 (2) having applied force to a child that, under the circumstances in 23 which it was applied, or considering the age or physical condition of the child, 24 constitutes a gross deviation from the standard of conduct that a reasonable person 25 would observe in the situation because of the substantial and unjustifiable risk of 26 (A) death; 27 (B) serious or protracted disfigurement; 28 (C) protracted impairment of health; 29 (D) loss or impairment of the function of a body member or 30 organ; 31 (E) substantial skin bruising, burning, or other skin injury;
01 (F) internal bleeding or subdural hematoma; 02 (G) bone fracture; or 03 (H) prolonged or extreme pain, swelling, or injury to soft tissue 04 (c) Endangering the welfare of a child in the first degree under (a)(1) or (2) of 05 this section is a class C felony. 06 (d) Endangering the welfare of a child in the first degree under (a)(3) of this 07 section is a 08 (1) class B felony if the child dies; 09 (2) class C felony if the child suffers sexual contact, sexual penetration, 10 or serious physical injury; or 11 (3) class A misdemeanor if the child suffers physical injury. 12 * Sec. 6. AS 11.51 is amended by adding a new section to read: 13 Sec. 11.51.110. Endangering the welfare of a child in the second degree. 14 (a) A person commits the crime of endangering the welfare of a child in the second 15 degree if the person, while caring for a child under 10 years of age, 16 (1) causes or allows the child to enter or remain in a dwelling or vehicle 17 in which a controlled substance is stored in violation of AS 11.71; or 18 (2) is impaired by an intoxicant, whether or not prescribed for the 19 person under AS 17.30, and there is no third person who is at least 12 years of age and 20 not impaired by an intoxicant present to care for the child. 21 (b) In this section, 22 (1) "impaired" means that a person is unconscious or a person is 23 physically or mentally affected so that the person does not have the ability to care for 24 the basic safety or personal needs of a child with the caution characteristic of a sober 25 person of ordinary prudence; 26 (2) "intoxicant" has the meaning given in AS 47.10.990. 27 (c) Endangering the welfare of a child in the second degree is a violation. 28 * Sec. 7. AS 12.55.155(c)(23) is amended to read: 29 (23) the defendant is convicted of an offense specified in AS 11.71 and 30 (A) the offense involved the delivery of a controlled substance 31 under circumstances manifesting an intent to distribute the substance as part of
01 a commercial enterprise; or 02 (B) at the time of the conduct resulting in the conviction, the 03 defendant was caring for or assisting in the care of a child under 10 years 04 of age; 05 * Sec. 8. AS 12.65.005(a) is amended to read: 06 (a) Unless the person has reasonable grounds to believe that notice has already 07 been given, a person who attends a death or has knowledge of a death, in addition to 08 notifying a peace officer, shall immediately notify the state medical examiner when the 09 death appears to have 10 (1) been caused by unknown or criminal means, during the commission 11 of a crime, or by suicide, accident, or poisoning; 12 (2) occurred under suspicious or unusual circumstances or occurred 13 suddenly when the decedent was in apparent good health; 14 (3) been unattended by a practicing physician or occurred less than 24 15 hours after the deceased was admitted to a medical facility; 16 (4) been associated with a diagnostic or therapeutic procedure; 17 (5) resulted from a disease that constitutes a threat to public health; 18 (6) been caused by a disease, injury, or toxic agent resulting from 19 employment; 20 (7) occurred in a jail or corrections facility owned or operated by the 21 state or a political subdivision of the state or in a facility for the placement of persons 22 in the custody or under the supervision of the state; 23 (8) occurred in a foster home; 24 (9) occurred in a mental institution or mental health treatment facility; 25 [OR] 26 (10) occurred while the deceased was in the custody of, or was being 27 taken into the custody of, the state or a political subdivision of the state or a public 28 officer or agent of the state or a political subdivision of the state ; or 29 (11) been of a child under 18 years of age or under the legal custody 30 of the Department of Health and Social Services, subject to the jurisdiction of 31 AS 47.10 or AS 47.12, unless the
01 (A) child's death resulted from a natural disease process and 02 was medically expected; and 03 (B) the child was under supervised medical care during the 04 24 hours before the death . 05 * Sec. 9. AS 12.65.015 is amended by adding a new subsection to read: 06 (e) The state medical examiner shall facilitate the formation of local, regional, 07 or district child fatality review teams to assist local, regional, and district medical 08 examiners in determining the cause and manner of deaths of children under 18 years 09 of age. If a team is formed under this subsection, the team shall have the same access 10 to information, confidentiality requirements, and immunity as provided to the state child 11 fatality review team under AS 12.65.140. A meeting of a team formed under this 12 subsection is closed to the public and not subject to the provisions of AS 44.62.310 and 13 44.62.312. A review by a local, regional, or district child fatality review team does not 14 relieve the state child fatality review team under AS 12.65.120 of the responsibility for 15 reviewing a death under AS 12.65.130. A person on a local, regional, or district child 16 fatality review team is not eligible to receive compensation from the state for service 17 on the team, but is eligible for travel expenses and per diem from the Department of 18 Health and Social Services under AS 39.20.180. A person on a team formed under this 19 subsection serves at the pleasure of the state medical examiner. 20 * Sec. 10. AS 12.65 is amended by adding new sections to read: 21 Sec. 12.65.120. State child fatality review team. (a) The state child fatality 22 review team is established in the Department of Health and Social Services to assist the 23 state medical examiner. The team is composed of 24 (1) the following persons, or that person's designee: 25 (A) the state medical examiner; 26 (B) a state prosecutor with experience in homicide prosecutions, 27 appointed by the attorney general; 28 (C) an investigator with the state troopers who has experience 29 in conducting investigations of homicide, child abuse, or child neglect, 30 appointed by the commissioner of public safety; 31 (D) a social worker with the Department of Health and Social
01 Services who has experience in conducting investigations of child abuse and 02 neglect, appointed by the commissioner of health and social services; 03 (2) the following persons, or that person's designee, appointed by the 04 commissioner of health and social services: 05 (A) a physician licensed under AS 08.64 who 06 (i) specializes in neonatology or perinatology; or 07 (ii) is certified by the American Board of Pediatrics; 08 (B) a municipal law enforcement officer with experience in 09 conducting investigations of homicide, child abuse, or child neglect; 10 (C) other persons, including educators, whose experience and 11 expertise would, as determined by the commissioner of health and social 12 services, contribute to the effectiveness of the team. 13 (b) A team member is not eligible to receive compensation from the state for 14 service on the team. A member appointed under (a)(2) of this section 15 (1) is eligible for travel expenses and per diem from the Department of 16 Health and Social Services under AS 39.20.180; and 17 (2) serves at the pleasure of the commissioner of health and social 18 services. 19 (c) In addition to the persons specified in (a) of this section, the team may 20 invite a person to participate as a member of the team if the person has expertise that 21 would be helpful to the team in a review of a specific death. A person participating 22 under this subsection is eligible only for travel expenses and per diem from the 23 Department of Health and Social Services under AS 39.20.180. 24 (d) The state medical examiner serves as chair of the team. 25 Sec. 12.65.130. State child fatality review team duties. (a) The state child 26 fatality review team shall 27 (1) assist the state medical examiner in determining the cause and 28 manner of the deaths in this state of children under 18 years of age; 29 (2) unless the child's death is currently being investigated by a law 30 enforcement agency, review a report of a death of a child within 48 hours of the report 31 being received by the medical examiner if
01 (A) the death is of a child under 10 years of age; 02 (B) the deceased child, a sibling, or a member of the deceased 03 child's household 04 (i) is in the legal or physical custody of the state under 05 AS 47 or under similar custody of another state or political subdivision 06 of a state; or 07 (ii) has been the subject of a report of harm under 08 AS 47.17 or a child abuse or neglect investigation by the Department of 09 Health and Social Services or by a similar child protective service in this 10 or another state; 11 (C) a protective order under AS 18.66.100 or 18.66.110 has been 12 in effect during the previous year in which the petitioner or respondent was a 13 member of the deceased child's immediate family or household; or 14 (D) the child's death occurred in a mental health institution, 15 mental health treatment facility, foster home, or other residential or child care 16 facility, including a day care facility; 17 (3) review records concerning 18 (A) abuse or neglect of the deceased child or another child in the 19 deceased child's household; 20 (B) the criminal history or juvenile delinquency of a person who 21 may have caused the death of the child and of persons in the deceased child's 22 household; and 23 (C) a history of domestic violence involving a person who may 24 have caused the death of the child or involving persons in the deceased child's 25 household, including records in the central registry of protective orders under 26 AS 18.65.540; 27 (4) if insufficient information exists to adequately determine the cause 28 and manner of death, recommend to the state medical examiner that additional 29 information be obtained under AS 12.65.020; and 30 (5) if a local, regional, or district child fatality review team has not been 31 appointed under AS 12.65.015 or is not available, be available to provide
01 recommendations, suggestions, and advice to state or municipal law enforcement or 02 social service agencies in the investigation of deaths of children. 03 (b) The state child fatality review team may 04 (1) collect data and analyze and interpret information regarding deaths 05 of children in this state; 06 (2) develop state and local data bases on deaths of children in this state; 07 (3) develop a model protocol for the investigation of deaths of children; 08 and 09 (4) periodically issue reports to the public containing statistical data and 10 other information that does not violate federal or state law concerning confidentiality 11 of the children and their families involved in the reviews; these reports may include 12 (A) identification of trends, patterns, and risk factors in deaths 13 of the children; 14 (B) analyses of the incidence and causes of deaths of children 15 in this state; 16 (C) recommendations for improving the coordination of 17 government services and investigations; and 18 (D) recommendations for prevention of future deaths of children. 19 Sec. 12.65.140. Records; information; meetings; confidentiality; immunity. 20 (a) The state child fatality review team and its members shall have access to all 21 information and records to which the state medical examiner has access under this 22 chapter. The state child fatality review team and its members shall maintain the 23 confidentiality of information and records concerning deaths under review, except when 24 disclosures may be necessary to enable the team to carry out is duties under this 25 chapter. However, the team and its members may not disclose a record that is 26 confidential under federal or state law. 27 (b) Except for public reports issued by the team, records, and other information 28 collected by the team or a member of the team related to duties under this chapter are 29 confidential and not subject to public disclosure under AS 09.25.100 - 09.25.220. 30 (c) Meetings of the state child fatality review team are closed to the public and 31 are not subject to the provisions of AS 44.62.310 and 44.62.312.
01 (d) The determinations, conclusions, and recommendations of the state child 02 fatality review team, or its members, are not admissible in a civil or criminal 03 proceeding. Members may not be compelled to disclose their determinations, 04 conclusions, recommendations, discussions, or thought processes through discovery or 05 testimony in any civil or criminal proceeding. Records and information collected by 06 the state child fatality review team are not subject to discovery or subpoena in 07 connection with a civil or criminal proceeding. 08 (e) Notwithstanding (d) of this section, the state medical examiner may testify 09 in a civil or criminal proceeding even though the death was reviewed by the state child 10 fatality review team under AS 12.65.130 and information received from the review 11 formed a basis of the state medical examiner's testimony. 12 (f) A person who is a member or an employee of, or who furnishes services to 13 or advises, the state child fatality review team is not liable for damages or other relief 14 in an action brought by reason of the performance of a duty, a function, or an activity 15 of the review team. 16 * Sec. 11. AS 14.20.020(f) is amended to read: 17 (f) The [EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, 18 THE] department may not issue a teacher certificate to a person who has been 19 convicted of a crime involving a minor under AS 11.41.434 - 11.41.440, 11.41.455, or 20 11.41.460, or under a law in another jurisdiction with elements substantially similar to 21 an offense described in AS 11.41.434 - 11.41.440, 11.41.455, or 11.41.460 , or that is 22 an attempt, solicitation, or conspiracy to commit a crime described in this 23 subsection or a law or ordinance in another jurisdiction with similar elements . 24 [WHEN FIVE YEARS HAVE ELAPSED AFTER A PERSON HAS RECEIVED AN 25 UNCONDITIONAL DISCHARGE FOR A CONVICTION OF A CRIME LISTED IN 26 THIS SUBSECTION, THE PERSON MAY PETITION THE DEPARTMENT TO 27 ISSUE THE CERTIFICATE IN SPITE OF THE CONVICTION IF THE PERSON 28 OTHERWISE SATISFIES THE REQUIREMENTS FOR THE CERTIFICATE. WHEN 29 DECIDING WHETHER TO GRANT OR DENY THE PETITION, THE 30 DEPARTMENT SHALL CONSIDER THE NATURE OF THE PARTICULAR 31 CRIME, WHETHER AND TO WHAT EXTENT THE PERSON HAS BEEN
01 REHABILITATED, AND THE OTHER FACTORS THAT THE DEPARTMENT 02 DETERMINES ARE SIGNIFICANT.] 03 * Sec. 12. AS 14.20.030(b) is amended to read: 04 (b) Upon receipt of a judgment of conviction, the department [THE 05 COMMISSIONER OR THE PROFESSIONAL TEACHING PRACTICES 06 COMMISSION] shall permanently revoke , effective immediately, [FOR LIFE] the 07 certificate of a person who has been convicted of a crime involving a minor under 08 AS 11.41.434 - 11.41.440, 11.41.455, or 11.41.460, or under a law in another 09 jurisdiction with elements substantially similar to an offense described in AS 11.41.434 10 - 11.41.440, 11.41.455, or 11.41.460 , or that is an attempt, solicitation, or conspiracy 11 to commit a crime described in this subsection or a law or ordinance in another 12 jurisdiction with similar elements. If the judgment of conviction is reversed on 13 appeal and the person is otherwise eligible for licensure, the department shall 14 reinstate the license . [WHEN FIVE YEARS HAVE ELAPSED AFTER THE 15 PERSON HAS RECEIVED AN UNCONDITIONAL DISCHARGE FOR THE 16 CONVICTION, THE PERSON MAY PETITION THE COMMISSION FOR 17 RECERTIFICATION. WHEN DECIDING WHETHER TO GRANT OR DENY THE 18 PETITION, THE COMMISSION SHALL CONSIDER THE NATURE OF THE 19 PARTICULAR CRIME, WHETHER AND TO WHAT EXTENT THE PERSON HAS 20 BEEN REHABILITATED, AND THE OTHER FACTORS THAT THE COMMISSION 21 DETERMINES ARE SIGNIFICANT.] 22 * Sec. 13. AS 22.15.100 is amended to read: 23 Sec. 22.15.100. Functions and powers of district judge and magistrate. 24 Each district judge and magistrate has the power 25 (1) to issue writs of habeas corpus for the purpose of inquiring into the 26 cause of restraint of liberty, returnable before a judge of the superior court, and the 27 same proceedings shall be had on the writ as if it had been granted by the superior 28 court judge under the laws of the state in such cases; 29 (2) of a notary public; 30 (3) to solemnize marriages; 31 (4) to issue warrants of arrest, summons, and search warrants according
01 to manner and procedure prescribed by law and the supreme court; 02 (5) to act as an examining judge or magistrate in preliminary 03 examinations in criminal proceedings; to set, receive, and forfeit bail and to order the 04 release of defendants under bail; 05 (6) to act as a referee in matters and actions referred to the judge or 06 magistrate by the superior court, with all powers conferred upon referees by laws; 07 (7) of the superior court in all respects including but not limited to 08 contempts, attendance of witnesses, and bench warrants; 09 (8) to order the temporary detention of a minor, or take other action 10 authorized by law or rules of procedure, in cases arising under AS 47.10 [AS 47.10.010 11 - 47.10.142] or AS 47.12, when the minor is in a condition or surrounding dangerous 12 or injurious to the welfare of the minor or others that requires immediate action; the 13 action may be continued in effect until reviewed by the superior court in accordance 14 with rules of procedure governing these cases; 15 (9) to issue a protective order in cases involving domestic violence as 16 provided in AS 18.66.100 - 18.66.180; 17 (10) to review an administrative revocation of a person's driver's license 18 or nonresident privilege to drive, and an administrative refusal to issue an original 19 license, when designated as a hearing officer by the commissioner of administration and 20 with the consent of the administrative director of the state court system; 21 (11) to establish the fact of death or inquire into the death of a person 22 in the manner prescribed under AS 09.55.020 - 09.55.069. 23 * Sec. 14. AS 25.23.180(c) is amended to read: 24 (c) The relationship of parent and child may be terminated by a court order 25 issued in connection with a proceeding under this chapter or a proceeding under 26 AS 47.10 on the grounds [:] 27 (1) [ON THE GROUNDS] specified in AS 47.10.080(o) or 47.10.088 28 [AS 47.10.080(c)(3)]; 29 (2) [ON THE GROUNDS] that a parent who does not have custody is 30 unreasonably withholding consent to adoption, contrary to the best interest of the minor 31 child; or
01 (3) [ON GROUNDS] that the parent committed an act constituting 02 sexual assault or sexual abuse of a minor under the laws of this state or a comparable 03 offense under the laws of the state where the act occurred that resulted in conception 04 of the child and that termination of the parental rights of the biological parent is in the 05 best interests of the child. 06 * Sec. 15. AS 47.05 is amended by adding a new section to read: 07 Sec. 47.05.065. Legislative findings related to children. The legislature finds 08 that 09 (1) parents have the following rights and responsibilities relating to the 10 care and control of their child while the child is a minor: 11 (A) the responsibility to provide the child with food, clothing, 12 shelter, education, and medical care; 13 (B) the right and responsibility to protect, nurture, train, and 14 discipline the child, including the right to direct the child's medical care and the 15 right to exercise reasonable corporal discipline; 16 (C) the right to determine where and with whom the child shall 17 live; 18 (D) the rights and responsibility to make decisions of legal or 19 financial significance concerning the child; 20 (E) the right to obtain representation for the child in legal 21 actions; and 22 (F) the responsibility to provide special safeguards and care, 23 including appropriate prenatal and postnatal protection for the child; 24 (2) it is the policy of the state to strengthen families and to protect 25 children from child abuse and neglect; the state recognizes that, in some cases, 26 protection of a child may require removal of the child from the child's home; however, 27 (A) except in those cases involving serious risk to a child's 28 health or safety, the Department of Health and Social Services should provide 29 time-limited family support services to the child and the child's family in order 30 to offer parents the opportunity to remedy parental conduct or conditions in the 31 home that placed the child at risk of harm so that a child may return home
01 safely and permanently; and 02 (B) the state also recognizes that when a child is removed from 03 the home, visitation between the child and the child's parents or guardian and 04 family members reduces the trauma for the child and enhances the likelihood 05 that the child will be able to return home; therefore, whenever a child is 06 removed from the parental home, the Department of Health and Social Services 07 should encourage frequent, regular, and reasonable visitation of the child with 08 the child's parent or guardian and family members; 09 (3) it is the policy of the state to recognize that, when a child is a ward 10 of the state, the child is entitled to reasonable safety, adequate care, and adequate 11 treatment and that the Department of Health and Social Services as legal custodian and 12 the child's guardian ad litem as guardian of the child's best interests and their agents 13 and assignees, each should make reasonable efforts to ensure that the child is provided 14 with reasonable safety, adequate care, and adequate treatment for the duration of time 15 that the child is a ward of the state; 16 (4) it is in the best interests of a child who has been removed from the 17 child's own home for the state to apply the following principles in resolving the 18 situation: 19 (A) the child should be placed in a safe, secure, and stable 20 environment; 21 (B) the child should not be moved unnecessarily; 22 (C) a planning process should be followed to lead to permanent 23 placement of the child; 24 (D) every effort should be made to encourage psychological 25 attachment between the adult caregiver and the child; 26 (E) frequent, regular, and reasonable visitation with the parent 27 or guardian and family members should be encouraged; and 28 (F) parents and guardians must actively participate in family 29 support services so as to facilitate the child's being able to remain in the home; 30 when children are removed from the home, the parents and guardians must 31 actively participate in family support services to make return of their children
01 to the home possible; 02 (5) numerous studies establish that 03 (A) children undergo a critical attachment process before the 04 time they reach six years of age; 05 (B) a child who has not attached with an adult caregiver during 06 this critical stage will suffer significant emotional damage that frequently leads 07 to chronic psychological problems and antisocial behavior when the child 08 reaches adolescence and adulthood; and 09 (C) it is important to provide for an expedited placement 10 procedure to ensure that all children, especially those under the age of six years, 11 who have been removed from their homes are placed in permanent homes 12 expeditiously. 13 * Sec. 16. AS 47.05 is amended by adding a new section to read: 14 Sec. 47.05.090. Authorization of the Interstate Compact on Adoption and 15 Medical Assistance. (a) The Department of Health and Social Services may, on 16 behalf of the state, enter into the Interstate Compact on Adoption and Medical 17 Assistance and supplementary agreements with agencies of other states for the provision 18 of adoption and medical assistance under AS 47.07 and other provisions of this title for 19 eligible children with special needs. 20 (b) In this section, "state" includes a state, territory, possession, or 21 commonwealth of the United States. 22 * Sec. 17. AS 47.10 is amended by adding a new section to read: 23 Sec. 47.10.005. Construction. The provisions of this chapter shall be liberally 24 construed to the end that a child coming within the jurisdiction of the court under this 25 chapter may receive the care, guidance, treatment, and control that will promote the 26 child's welfare. 27 * Sec. 18. AS 47.10.010 is repealed and reenacted to read: 28 Sec. 47.10.010. Jurisdiction. (a) Proceedings relating to a child under 18 29 years of age residing or found in the state are governed by this chapter when the child 30 is alleged to be or may be determined by the court to be a child in need of aid under 31 AS 47.10.011.
01 (b) In a controversy concerning custody of a child under this chapter, the court 02 may appoint a guardian of the person and property of a child, may appoint an attorney 03 to represent the legal interests of the child, and may order support from either or both 04 parents. Custody of a child may be given to the department and payment of support 05 money to the department may be ordered by a court. 06 * Sec. 19. AS 47.10 is amended by adding new sections to read: 07 Sec. 47.10.011. Children in need of aid. Subject to AS 47.10.019, the court 08 may find a child to be a child in need of aid if it finds by a preponderance of the 09 evidence that the child has been subjected to any of the following: 10 (1) a parent or guardian has abandoned the child as described in 11 AS 47.10.013, and the other parent is absent or has committed conduct or created 12 conditions that cause the child to be a child in need of aid under this chapter; 13 (2) a parent, guardian, or custodian is incarcerated, the other parent is 14 absent or has committed conduct or created conditions that cause the child to be a child 15 in need of aid under this chapter, and the incarcerated parent has not made adequate 16 arrangements for the child; 17 (3) a custodian with whom the child has been left is unwilling or unable 18 to provide care, supervision, or support for the child, and the whereabouts of the parent 19 or guardian is unknown; 20 (4) the child is in need of medical treatment to cure, alleviate, or 21 prevent substantial physical harm or is in need of treatment for mental injury and the 22 child's parent, guardian, or custodian has knowingly failed to provide the treatment; 23 (5) the child is habitually absent from home or refuses to accept 24 available care and the child's conduct places the child at substantial risk of physical or 25 mental injury; 26 (6) the child has suffered substantial physical harm, or there is a 27 substantial risk that the child will suffer substantial physical harm, as a result of 28 conduct by or conditions created by the child's parent, guardian, or custodian or by the 29 failure of the parent, guardian, or custodian to supervise the child adequately; 30 (7) the child has suffered sexual abuse, or there is a substantial risk that 31 the child will suffer sexual abuse, as a result of conduct by or conditions created by the
01 child's parent, guardian, or custodian or by the failure of the parent, guardian, or 02 custodian to adequately supervise the child; if a parent, guardian, or custodian has 03 actual notice that a person has been convicted of a sex offense against a minor within 04 the past 15 years, is registered or required to register as a sex offender under AS 12.63, 05 or is under investigation for a sex offense against a minor, and the parent, guardian, or 06 custodian subsequently allows a child to be left with that person, this conduct 07 constitutes prima facie evidence that the child is at substantial risk of being sexually 08 abused; 09 (8) conduct by or conditions created by the parent, guardian, or 10 custodian have 11 (A) resulted in mental injury to the child; or 12 (B) placed the child at substantial risk of mental injury as a 13 result of 14 (i) a pattern of rejecting, terrorizing, ignoring, isolating, 15 or corrupting behavior that would, if continued, result in mental injury; 16 or 17 (ii) exposure to domestic violence; in this sub- 18 subparagraph, "domestic violence" means conduct by a household member described in 19 AS 18.66.990 against another household member that is a crime against a person under 20 AS 11.41, an offense under a law or ordinance of another jurisdiction having elements similar 21 to a crime against a person under AS 11.41, an attempt to commit an offense that is a crime 22 against a person under AS 11.41 or an attempt to commit an offense under a law or ordinance 23 of another jurisdiction having elements similar to a crime against a person under AS 11.41; 24 (9) conduct by or conditions created by the parent, guardian, or 25 custodian have subjected the child or another child in the same household to neglect; 26 (10) the parent, guardian, or custodian's ability to parent has been 27 substantially impaired by the addictive or habitual use of an intoxicant, and the 28 addictive or habitual use of the intoxicant has resulted in a substantial risk of harm to 29 the child; if a court has previously found that a child is a child in need of aid under this 30 paragraph, the resumption of use of an intoxicant by a parent, guardian, or custodian 31 within one year after rehabilitation is prima facie evidence that the ability to parent is
01 substantially impaired and the addictive or habitual use of the intoxicant has resulted 02 in a substantial risk of harm to the child as described in this paragraph; 03 (11) the parent, guardian, or custodian has a mental illness, serious 04 emotional disturbance, or mental deficiency of a nature and duration that places the 05 child at substantial risk of physical harm or mental injury; 06 (12) the child has committed an illegal act as a result of pressure, 07 guidance, or approval from the child's parent, guardian, or custodian. 08 Sec. 47.10.013. Abandonment. (a) For purposes of this chapter, the court 09 may find abandonment of a child if a parent or guardian has shown a conscious 10 disregard of parental responsibilities toward the child by failing to provide reasonable 11 support, maintain regular contact, or provide normal supervision, considering the child's 12 age and need for care by an adult. Abandonment of a child also includes instances 13 when the parent or guardian, without justifiable cause, 14 (1) left the child with another person without provision for the child's 15 support and without meaningful communication with the child for a period of three 16 months; 17 (2) has made only minimal efforts to support and communicate with the 18 child; 19 (3) failed for a period of at least six months to maintain regular 20 visitation with the child; 21 (4) failed to participate in a suitable plan or program designed to reunite 22 the parent or guardian with the child; 23 (5) left the child without affording means of identifying the child and 24 the child's parent or guardian; 25 (6) was absent from the home for a period of time that created a 26 substantial risk of serious harm to a child left in the home; 27 (7) failed to respond to notice of child protective proceedings; or 28 (8) was unwilling to provide care, support, or supervision for the child. 29 (b) For purposes of (a) of this section, a parent or guardian who is a victim of 30 domestic violence, or who has a child in the parent's or guardian's care who is the 31 victim of domestic violence, is considered to have justifiable cause to take an action
01 or to fail to take an action that would otherwise be considered to be abandonment of 02 a child under (a) of this section if the action or failure to act is necessary to protect the 03 parent or guardian, or a child in the care of the parent or guardian, from further acts 04 of domestic violence. However, a parent or guardian who initially had justifiable cause 05 to act or fail to act as described in this subsection may be considered to have 06 abandoned the child without justifiable cause for purposes of (a) of this section if the 07 parent or guardian does not take reasonable steps to reunify with or provide care for 08 the abandoned child after becoming secure from further acts of domestic violence or 09 after providing that another child in the care of the parent or guardian is secure from 10 further acts of domestic violence. 11 Sec. 47.10.014. Neglect. For purposes of this chapter, the court may find 12 neglect of a child if the parent, guardian, or custodian fails to provide the child with 13 adequate food, clothing, shelter, education, medical attention, or other care and control 14 necessary for the child's physical and mental health and development, though 15 financially able to do so or offered financial or other reasonable means to do so. 16 Sec. 47.10.015. Physical harm. For the purposes of this chapter, the court may 17 find physical harm to a child or substantial risk of physical harm to a child if 18 (1) the child was the victim of an act described in AS 11.41.100 - 19 11.41.250, 11.41.300, 11.41.410 - 11.41.455, or AS 11.51.100 and the physical harm 20 occurred as a result of conduct by or conditions created by a parent, guardian, or 21 custodian; or 22 (2) a negligent act or omission by a parent, guardian, or custodian 23 creates a substantial risk of injury to the child. 24 Sec. 47.10.019. Limitations on determinations. Notwithstanding other 25 provisions of this chapter, the court may not find a minor to be a child in need of aid 26 under this chapter solely on the basis that the child's family is poor, lacks adequate 27 housing, or exhibits a lifestyle that is different from the generally accepted lifestyle 28 standard of the community where the family lives. However, this section may not be 29 construed to prevent a court from finding that a child is in need of aid if the child has 30 been subjected to conduct or conditions described in AS 47.10.011 - 47.10.015. 31 * Sec. 20. AS 47.10.020(a) is amended to read:
01 (a) Whenever circumstances subject a child [MINOR] to the jurisdiction of the 02 court under AS 47.10.005 - 47.10.142 [AS 47.10.010 - 47.10.142], the court shall 03 appoint a competent person or agency to make a preliminary inquiry and report for the 04 information of the court to determine whether the best interests of the child [MINOR] 05 require that further action be taken . If [; IF], under this subsection, the court appoints 06 a person or agency to make a preliminary inquiry and to report to it, then , upon the 07 receipt of the report, the court may 08 (1) close [INFORMALLY ADJUST] the matter without a court hearing ; 09 (2) determine whether the best interests of the child require that 10 further action be taken; [,] or 11 (3) [IT MAY] authorize the person or agency having knowledge of the 12 facts of the case to file with the court a petition setting out the facts[; IF THE COURT 13 INFORMALLY ADJUSTS THE MATTER, THE MINOR MAY NOT BE DETAINED 14 OR TAKEN INTO THE CUSTODY OF THE COURT AS A CONDITION OF THE 15 ADJUSTMENT, AND THE MATTER SHALL BE CLOSED BY THE COURT UPON 16 ADJUSTMENT]. 17 * Sec. 21. AS 47.10.020(b) is amended to read: 18 (b) The petition and all subsequent pleadings shall be styled as follows: "In the 19 matter of . . . . . . . . . . . . . . . . . . . . . . . ., a child [MINOR] under 18 years of age." 20 The petition may be executed upon the petitioner's information and belief [,] and must 21 be verified. It must include the following information: 22 (1) the name, address , and occupation of the petitioner, together with 23 the petitioner's relationship to the child [MINOR], and the petitioner's interest in the 24 matter; 25 (2) the name, age , and address of the child [MINOR]; 26 (3) a brief statement of the facts that bring the child [MINOR] within 27 this chapter; 28 (4) the names and addresses of the child's [MINOR'S] parents; 29 (5) the tribal affiliation, if known, of the child; 30 (6) the name and address of the child's [MINOR'S] guardian [,] or of 31 the person having control or custody of the child [MINOR].
01 * Sec. 22. AS 47.10.030(b) is amended to read: 02 (b) In all cases under this chapter , the child [MINOR], each parent , the tribe, 03 foster parent or other out-of-home care provider, [OF THE MINOR AND THE] 04 guardian , and guardian ad litem of the child [MINOR] shall be given notice adequate 05 to give actual notice of the proceedings and the possibility of termination of parental 06 rights and responsibilities, taking into account education and language differences that 07 are known or reasonably ascertainable by the petitioner or the department. The notice 08 of the hearing must contain all names by which the child [MINOR] has been identified. 09 Notice shall be given in the manner appropriate under rules of civil procedure for the 10 service of process in a civil action under Alaska law or in any manner the court by 11 order directs. Proof of the giving of the notice shall be filed with the court before the 12 petition is heard. The court may also subpoena the parent of the child [MINOR], or 13 any other person whose testimony may be necessary at the hearing. A subpoena or 14 other process may be served by a person authorized by law to make the service, and , 15 where personal service cannot be made, the court may direct that service of process be 16 in a manner appropriate under rules of civil procedure for the service of process in a 17 civil action under Alaska law or in any manner the court directs. 18 * Sec. 23. AS 47.10.050(a) is amended to read: 19 (a) Whenever in the course of proceedings instituted under this chapter it 20 appears to the court that the welfare of a child [MINOR] will be promoted by the 21 appointment of an attorney to represent the child [MINOR OR AN ATTORNEY OR 22 OTHER PERSON TO SERVE AS GUARDIAN AD LITEM], the court may make the 23 appointment. If it appears to the court that the welfare of a child in the proceeding 24 will be promoted by the appointment of a guardian ad litem, the court shall make 25 the appointment. Appointment of a guardian ad litem or attorney shall be made under 26 the terms of AS 25.24.310. 27 * Sec. 24. AS 47.10.070(a) is amended to read: 28 (a) The court may conduct the hearing on the petition in an informal manner 29 [IN THE COURTROOM OR IN CHAMBERS]. The court shall give notice of the 30 hearing to the department , and it may send a representative to the hearing. The court 31 shall also transmit a copy of the petition to the department. The department shall
01 send notice of the hearing to the persons for whom notice is required under 02 AS 47.10.030(b). The department and the persons to whom the department must 03 send notice of the hearing are entitled to [REPRESENTATIVE OF THE 04 DEPARTMENT MAY ALSO] be heard at the hearing. However, the court may limit 05 the presence of the foster parent or other out-of-home care provider to the time 06 during which the person's testimony is being given if it is (1) in the best interest 07 of the child; or (2) necessary to protect the privacy interests of the parties and will 08 not be detrimental to the child. The public shall be excluded from the hearing, but 09 the court, in its discretion, may permit individuals to attend a hearing if their attendance 10 is compatible with the best interests of the child [MINOR]. 11 * Sec. 25. AS 47.10.080(a) is amended to read: 12 (a) An adjudication hearing shall be completed within 120 days after a 13 finding of probable cause is entered unless the court finds good cause to continue 14 the hearing. When determining whether to grant a continuance for good cause, 15 the court shall take into consideration the age of the child and the potential 16 adverse effect that the delay may have on the child. The court, at the conclusion of 17 the hearing, [OR THEREAFTER] as the circumstances of the case may require, shall 18 find and enter a judgment that the child [MINOR] is or is not a child in need of aid. 19 * Sec. 26. AS 47.10.080(c) is amended to read: 20 (c) If the court finds that the child [MINOR] is a child in need of aid, the 21 court [IT] shall 22 (1) order the child [MINOR] committed to the department for placement 23 in an appropriate setting for a period of time not to exceed two years or in any event 24 past the date the child [MINOR] becomes 19 years of age, except that the department 25 or the child's guardian ad litem may petition for and the court may grant in a hearing 26 (A) one-year [TWO-YEAR] extensions of commitment that do not extend beyond the 27 child's [MINOR'S] 19th birthday if the extension is in the best interests of the child 28 [MINOR]; and (B) an additional one-year period of state custody [SUPERVISION] 29 past age 19 if the continued state custody [SUPERVISION] is in the best interests of 30 the person and the person consents to it; [THE DEPARTMENT MAY TRANSFER 31 THE MINOR, IN THE MINOR'S BEST INTERESTS, FROM ONE PLACEMENT
01 SETTING TO ANOTHER, AND THE MINOR, THE MINOR'S PARENTS OR 02 GUARDIAN, AND THE MINOR'S ATTORNEY ARE ENTITLED TO 03 REASONABLE NOTICE OF THE TRANSFER;] 04 (2) order the child [MINOR] released to a parent, relative, or 05 guardian of the child [THE MINOR'S PARENTS, GUARDIAN,] or to another 06 [SOME OTHER] suitable person, and, in appropriate cases, order the parent, relative 07 [PARENTS], guardian, or other person to provide medical or other care and treatment; 08 if the court releases the child [MINOR], it shall direct the department to supervise the 09 care and treatment given to the child [MINOR], but the court may dispense with the 10 department's supervision if the court finds that the adult to whom the child [MINOR] 11 is released will adequately care for the child [MINOR] without supervision; the 12 department's supervision may not exceed two years or in any event extend past the date 13 the child [MINOR] reaches age 19, except that the department or the child's guardian 14 ad litem may petition for and the court may grant in a hearing 15 (A) one-year [TWO-YEAR] extensions of supervision that do 16 not extend beyond the child's [MINOR'S] 19th birthday if the extensions are 17 [EXTENSION IS] in the best interests of the child [MINOR]; and 18 (B) an additional one-year period of supervision past age 19 if 19 the continued supervision is in the best interests of the person and the person 20 consents to it; or 21 (3) by order, under the grounds specified in (o) of this section or 22 AS 47.10.088, the termination of [UPON A SHOWING IN THE ADJUDICATION 23 BY CLEAR AND CONVINCING EVIDENCE THAT THERE IS A CHILD IN NEED 24 OF AID UNDER AS 47.10.010(a) AS A RESULT OF PARENTAL CONDUCT AND 25 UPON A SHOWING IN THE DISPOSITION BY CLEAR AND CONVINCING 26 EVIDENCE THAT THE PARENTAL CONDUCT IS LIKELY TO CONTINUE TO 27 EXIST IF THERE IS NO TERMINATION OF PARENTAL RIGHTS, TERMINATE] 28 parental rights and responsibilities of one or both parents [,] and commit the child to 29 the custody of the department [OR TO A LEGALLY APPOINTED GUARDIAN OF 30 THE PERSON OF THE CHILD], and the department [OR GUARDIAN] shall report 31 quarterly [ANNUALLY] to the court on efforts being made to find a permanent
01 placement for the child. 02 * Sec. 27. AS 47.10.080(f) is amended to read: 03 (f) A child [MINOR] found to be a child in need of aid is a ward of the state 04 while committed to the department or the department has the power to supervise the 05 child's [MINOR'S] actions. For an order made under (c)(1) of this section, the 06 [THE] court shall hold a permanency hearing as required by (l) of this section and 07 at least annually thereafter during the continuation of foster care [REVIEW AN 08 ORDER MADE UNDER (c)(1) OR (2) OF THIS SECTION ANNUALLY, AND MAY 09 REVIEW THE ORDER MORE FREQUENTLY] to determine if continued placement 10 [OR SUPERVISION], as it is being provided, is in the best interest of the child 11 [MINOR. IF ANNUAL REVIEW UNDER THIS SUBSECTION WOULD ARISE 12 WITHIN 90 DAYS OF THE HEARING REQUIRED UNDER (l) OF THIS SECTION, 13 THE COURT MAY POSTPONE REVIEW UNDER THIS SUBSECTION UNTIL THE 14 TIME SET FOR THE HEARING]. The department, the child, and [MINOR,] the 15 child's [MINOR'S] parents, guardian, and guardian ad litem [OR CUSTODIAN] are 16 entitled, when good cause is shown, to a permanency hearing [REVIEW] on 17 application. If the application is granted, the court shall afford these persons 18 [PARTIES] and their counsel reasonable advance notice [IN ADVANCE OF THE 19 REVIEW] and hold a permanency hearing where these persons [PARTIES] and their 20 counsel shall be afforded an opportunity to be heard. The persons entitled to notice 21 under AS 47.10.030(b) are entitled to notice of a permanency hearing under this 22 subsection and are also entitled to be heard at the hearing. The child [MINOR] 23 shall be afforded the opportunity to be present and to be heard at the permanency 24 hearing. After the permanency hearing, the court shall make the written findings 25 that are required under (l) of this section. The court shall review an order made 26 under (c)(2) of this section at least annually to determine if continued supervision, 27 as it is being provided, is in the best interest of the child; this review is not 28 considered to be a permanency hearing and is not governed by the provisions of 29 this subsection that relate to permanency hearings [REVIEW]. 30 * Sec. 28. AS 47.10.080(i) is amended to read: 31 (i) A child or [MINOR,] the child's [MINOR'S] parents , [OR] guardian, or
01 guardian ad litem, or attorney , acting on the child's [MINOR'S] behalf, or the 02 department may appeal a judgment or order, or the stay, modification, setting aside, 03 revocation, or enlargement of a judgment or order issued by the court under this 04 chapter. Absent extraordinary circumstances, a decision on the appeal shall be 05 issued no later than 90 days after the latest of the following: 06 (1) the date oral argument, if any, is heard on the appeal; or 07 (2) 45 days after the last date oral argument could have been timely 08 requested if oral argument was not requested. 09 * Sec. 29. AS 47.10.080(l) is repealed and reenacted to read: 10 (l) Within 12 months after the date a child enters foster care as calculated under 11 AS 47.10.088(f), the court shall hold a permanency hearing. The hearing and 12 permanent plan developed in the hearing are governed by the following provisions: 13 (1) the persons entitled to be heard under AS 47.10.070 or under (f) of 14 this section are also entitled to be heard at the hearing held under this subsection; 15 (2) when establishing the permanent plan for the child, the court shall 16 make appropriate written findings, including findings related to whether 17 (A) and when the child should be returned to the parent or 18 guardian; 19 (B) the child should be placed for adoption or legal guardianship 20 and whether a petition for termination of parental rights should be filed by the 21 department; and 22 (C) the child should be placed in another planned, permanent 23 living arrangement and what steps are necessary to achieve the new 24 arrangement; 25 (3) if the court is unable to make a finding required under (2) of this 26 subsection, the court shall hold another hearing within a reasonable period of time; 27 (4) in addition to the findings required by (2) of this subsection, the 28 court shall also make appropriate written findings related to 29 (A) whether the department has made the reasonable efforts 30 required under AS 47.10.086 to offer appropriate family support services to 31 remedy the parent's or guardian's conduct or conditions in the home that made
01 the child a child in need of aid under this chapter; 02 (B) whether the parent or guardian has made substantial progress 03 to remedy the parent's or guardian's conduct or conditions in the home that 04 made the child a child in need of aid under this chapter; and 05 (C) if the permanent plan is for the child to remain in out-of- 06 home-care, whether the child's out-of-home placement continues to be appropriate and in the 07 best interests of the child; 08 (5) the court shall hold a hearing to review the permanent plan at least 09 annually until successful implementation of the plan; if the plan approved by the court 10 changes after the hearing, the department shall promptly apply to the court for another 11 permanency hearing, and the court shall conduct the hearing within 30 days after 12 application by the department. 13 * Sec. 30. AS 47.10.080(o) is amended to read: 14 (o) For purposes of terminating a parent's parental rights under the standards 15 in (c)(3) of this section, the court may determine that incarceration of the parent is 16 sufficient grounds for determining that a child [MINOR] is a child in need of aid under 17 AS 47.10.011 [AS 47.10.010(a)(1)] as a result of parental conduct and that the parental 18 rights of the incarcerated parent should be terminated [CONDUCT IS LIKELY TO 19 CONTINUE] if the court finds, based on clear and convincing evidence, that [THE] 20 (1) the period of incarceration that the parent is scheduled to serve 21 during the child's minority is significant considering the child's age and the child's need 22 for an adult's care and supervision; [AND] 23 (2) there is not another parent willing and able to care for the child; 24 and 25 (3) the incarcerated parent has failed to make adequate provisions for 26 care of the child during the period of incarceration that will be during the child's 27 minority. 28 * Sec. 31. AS 47.10.080 is amended by adding new subsections to read: 29 (p) If a child is removed from the parental home, the department shall provide 30 reasonable visitation between the child and the child's parents, guardian, and family. 31 When determining what constitutes reasonable visitation with a family member, the
01 department shall consider the nature and quality of the relationship that existed between 02 the child and the family member before the child was committed to the custody of the 03 department. The court may require the department to file a visitation plan with the 04 court. The department may deny visitation to the parents, guardian, or family members 05 if there is clear and convincing evidence that visits are not in the child's best interests. 06 A parent or guardian who is denied visitation may request a review hearing. 07 (q) If the court orders a child committed to the department under (c) of this 08 section and the department places the child in licensed foster care, the department shall 09 (1) provide the foster parent with a copy of 10 (A) appropriate information held by the department regarding the 11 child to the extent required by AS 47.12.310(b)(8); 12 (B) all initial, updated, and revised case service plans for the 13 child, court orders relating to the child, and the child's medical, mental, and 14 education reports prepared by or for the department, including reports compiled 15 before the child was placed with the foster parent; and 16 (C) supplements to the plans, orders, and reports described in (B) 17 of this paragraph; 18 (2) require the foster parent to 19 (A) maintain and update records regarding medical, mental, 20 educational, and behavioral services provided to the child; 21 (B) provide all records described in (A) of this paragraph to the 22 department when the child leaves the foster home placement; and 23 (C) maintain the confidentiality of records regarding a child 24 placed in the foster home except when disclosure of the records is allowed 25 under regulations of the department or when disclosure is reasonably necessary 26 to ensure continuation of care for the child through appropriate medical, mental, 27 educational, and behavioral services. 28 (r) If the court orders a child committed to the department under (c) of this 29 section, the court shall order the child's parent or guardian to provide the department 30 with 31 (1) the names, addresses, and telephone numbers of all of the child's
01 medical providers; 02 (2) the names, addresses, and telephone numbers of mental health 03 providers that have provided services to the child; 04 (3) the names, addresses, and telephone numbers of schools, preschools, 05 or day care facilities that the child was attending before the child was committed to the 06 department; 07 (4) a description of special needs of the child, if any; and 08 (5) the names and locations of relatives who may be willing to have the 09 child placed in their home. 10 (s) The department may transfer a child, in the child's best interests, from one 11 placement setting to another, and the child, the child's parents or guardian, the child's 12 foster parents or out-of-home caregiver, the child's guardian ad litem, the child's 13 attorney, and the child's tribe are entitled to advance notice of a nonemergency transfer. 14 A party opposed to the proposed transfer may request a hearing and must prove by 15 clear and convincing evidence that the transfer would be contrary to the best interests 16 of the child for the court to deny the transfer. A foster parent or out-of-home caregiver 17 who requests a nonemergency change in placement of the child shall provide the 18 department with reasonable advance notice of the requested change. 19 * Sec. 32. AS 47.10.082 is amended to read: 20 Sec. 47.10.082. Health and safety [BEST INTERESTS] of child and other 21 considerations. In making its dispositional order under AS 47.10.080(c), the court 22 shall keep the health and safety of the child as the court's paramount concern and 23 consider 24 (1) the best interests of the child; [AND] 25 (2) the ability of the state to take custody and to care for the child to 26 protect the child's best interests under AS 47.10.005 - 47.10.142; and 27 (3) the potential harm to the child caused by removal of the child 28 from the home and family environment [AS 47.10.010 - 47.10.142]. 29 * Sec. 33. AS 47.10.084(a) is amended to read: 30 (a) When a child is committed under AS 47.10.080(c)(1) to the department, 31 released under AS 47.10.080(c)(2) to the child's parents, guardian, or other suitable
01 person, or committed to the department or to a legally appointed guardian of the person 02 of the child under AS 47.10.080(c)(3), a relationship of legal custody exists. This 03 relationship imposes on the department and its authorized agents or the parents, 04 guardian, or other suitable person the responsibility of physical care and control of the 05 child, the determination of where and with whom the child shall live, the right and duty 06 to protect, nurture, train, and discipline the child, [AND] the duty of providing the 07 child with food, shelter, education, and medical care , and the right and responsibility 08 to make decisions of financial significance concerning the child . These obligations 09 are subject to any residual parental rights and responsibilities and rights and 10 responsibilities of a guardian if one has been appointed. When a child is committed 11 to the department and the department places the child with the child's parent, the parent 12 has the responsibility to provide and pay for food, shelter, education, and medical care 13 for the child. When parental rights have been terminated, or there are no living parents 14 and no guardian has been appointed, the responsibilities of legal custody include those 15 in (b) and (c) of this section. The department or person having legal custody of the 16 child may delegate any of the responsibilities under this section, except authority to 17 consent to marriage, adoption, and military enlistment may not be delegated. For 18 purposes of this chapter a person in charge of a placement setting is an agent of the 19 department. 20 * Sec. 34. AS 47.10 is amended by adding new sections to read: 21 Sec. 47.10.086. Reasonable efforts. (a) Except as provided in (b) and (c) of 22 this section, the department shall make timely, reasonable efforts to provide family 23 support services to the child and to the parents or guardian of the child that are 24 designed to prevent out-of-home placement of the child or to enable the safe return of 25 the child to the family home, when appropriate, if the child is in an out-of-home 26 placement. The department's duty to make reasonable efforts under this subsection 27 includes the duty to 28 (1) identify family support services that will assist the parent or 29 guardian in remedying the conduct or conditions in the home that made the child a 30 child in need of aid; 31 (2) actively offer the parent or guardian, and refer the parent or guardian
01 to, the services identified under (1) of this subsection; the department shall refer the 02 parent or guardian to community-based family support services whenever community- 03 based services are available and desired by the parent or guardian; and 04 (3) document the department's actions that are taken under (1) and (2) 05 of this subsection. 06 (b) If the court makes a finding at a hearing conducted under AS 47.10.080(l) 07 that a parent or guardian has not sufficiently remedied the parent's or guardian's 08 conduct or the conditions in the home despite reasonable efforts made by the 09 department in accordance with this section, the court may conclude that continuation 10 of reasonable efforts of the type described in (a) of this section are not in the best 11 interests of the child. The department shall then make reasonable efforts to place the 12 child in a timely manner in accordance with the permanent plan and to complete 13 whatever steps are necessary to finalize the permanent placement of the child. 14 (c) The court may determine that reasonable efforts of the type described in (a) 15 of this section are not required if the court has found by a preponderance of the 16 evidence that 17 (1) the parent or guardian has subjected the child to circumstances that 18 pose a substantial risk to the child's health or safety; these circumstances include 19 abandonment, sexual abuse, torture, chronic mental injury, or chronic physical harm; 20 (2) the parent or guardian has 21 (A) committed homicide under AS 11.41.100 - 11.41.130 of a 22 parent of the child or of a child; 23 (B) aided or abetted, attempted, conspired, or solicited under 24 AS 11.16 or AS 11.31 to commit a homicide described in (A) of this paragraph; 25 (C) committed an assault that is a felony under AS 11.41.200 - 26 11.41.220 and results in serious physical injury to a child; or 27 (D) committed the conduct described in (A) - (C) of this 28 paragraph that violated a law or ordinance of another jurisdiction having 29 elements similar to an offense described in (A) - (C) of this paragraph; 30 (3) the parent or guardian has, during the 12 months preceding the 31 permanency hearing, failed to comply with a court order to participate in family support
01 services; 02 (4) the department has conducted a reasonably diligent search over a 03 time period of at least three months for an unidentified or absent parent and has failed 04 to identify and locate the parent; 05 (5) the parent or guardian is the sole caregiver of the child and the 06 parent or guardian has a mental illness or mental deficiency of such nature and duration 07 that, according to the statement of a psychologist or physician, the parent or guardian 08 will be incapable of caring for the child without placing the child at substantial risk of 09 physical or mental injury even if the department were to provide family support 10 services to the parent or guardian for 12 months; 11 (6) the parent or guardian has previously been convicted of a crime 12 involving a child in this state or in another jurisdiction and, after the conviction, the 13 child was returned to the custody of the parent or guardian and later removed because 14 of an additional substantiated report of physical or sexual abuse by the parent or 15 guardian; 16 (7) a child has suffered substantial physical harm as the result of abusive 17 or neglectful conduct by the parent or guardian or by a person known by the parent or 18 guardian and the parent or guardian knew or reasonably should have known that the 19 person was abusing the child; 20 (8) the parental rights of the parent have been terminated with respect 21 to another child because of child abuse or neglect, the parent has not remedied the 22 conditions or conduct that led to the termination of parental rights, and the parent has 23 demonstrated an inability to protect the child from substantial harm or the risk of 24 substantial harm; 25 (9) the child has been removed from the child's home on at least two 26 previous occasions, family support services were offered or provided to the parent or 27 guardian at those times, and the parent or guardian has demonstrated an inability to 28 protect the child from substantial harm or the risk of substantial harm; or 29 (10) the parent or guardian is incarcerated and is unavailable to care for 30 the child during a significant period of the child's minority, considering the child's age 31 and need for care by an adult.
01 (d) If the court determines under (b) or (c) of this section that reasonable 02 efforts under (a) of this section are not required to be provided, 03 (1) the court shall hold a permanency hearing for the child within 30 04 days after the determination; and 05 (2) the department shall make reasonable efforts to place the child in 06 a timely manner in accordance with the permanency plan, and complete whatever steps 07 are necessary to finalize the permanent placement of the child. 08 (e) The department may develop and implement an alternative permanency plan 09 for the child while the department is also making reasonable efforts to return the child 10 to the child's family under (a) of this section. 11 (f) In making determinations and reasonable efforts under this section, the 12 primary consideration is the child's best interests. 13 Sec. 47.10.088. Termination of parental rights and responsibilities. (a) 14 Except as provided in AS 47.10.080(o), the rights and responsibilities of the parent 15 regarding the child may be terminated for purposes of freeing a child for adoption or 16 other permanent placement if the court finds 17 (1) by clear and convincing evidence that 18 (A) the child has been subjected to conduct or conditions 19 described in AS 47.10.011; and 20 (B) the parent 21 (i) has not remedied the conduct or conditions in the 22 home that place the child at substantial risk of harm; or 23 (ii) has failed, within a reasonable time, to remedy the 24 conduct or conditions in the home that place the child in substantial risk 25 so that returning the child to the parent would place the child at 26 substantial risk of physical or mental injury; and 27 (2) by preponderance of the evidence that the department has complied 28 with the provisions of AS 47.10.086 concerning reasonable efforts. 29 (b) In making a determination under (a)(1)(B) of this section, the court may 30 consider any fact relating to the best interests of the child, including 31 (1) the likelihood of returning the child to the parent within a reasonable
01 time based on the child's age or needs; 02 (2) the amount of effort by the parent to remedy the conduct or the 03 conditions in the home; 04 (3) the harm caused to the child; 05 (4) the likelihood that the harmful conduct will continue; and 06 (5) the history of conduct by or conditions created by the parent. 07 (c) In a proceeding under this chapter involving termination of the parental 08 right of a parent, the court shall consider the best interests of the child. 09 (d) Except as provided in (e) of this section, the department shall petition for 10 termination of a parent's rights to a child, without making further reasonable efforts, 11 when a child is under the jurisdiction of the court under AS 47.10.010 and 47.10.011, 12 and 13 (1) the child has been in foster care for at least 15 of the most recent 14 22 months; 15 (2) the court has determined that the child is abandoned under 16 AS 47.10.013 and the child is younger than six years of age; 17 (3) the court has made a finding under AS 47.10.086(b) or a 18 determination under AS 47.10.086(c) that the best interests of the child do not require 19 further reasonable efforts by the department; 20 (4) a parent has made three or more attempts within a 15-month period 21 to remedy the parent's conduct or conditions in the home without lasting change; or 22 (5) a parent has made no effort to remedy the parent's conduct or the 23 conditions in the home by the time of the permanency hearing under AS 47.10.080(l). 24 (e) If one or more of the conditions listed in (d) of this section are present, the 25 department shall petition for termination of the parental rights to a child unless the 26 department 27 (1) has documented a compelling reason for determining that filing the 28 petition would not be in the best interests of the child; a compelling reason under this 29 paragraph may include care by a relative for the child; or 30 (2) is required to make reasonable efforts under AS 47.10.086 and the 31 department has not provided to the parent, consistent with the time period in the
01 department's case plan, the family support services that the department has determined 02 are necessary for the safe return of the child to the home. 03 (f) A child is considered to have entered foster care under this chapter on the 04 earlier of 05 (1) the date of the first judicial finding of child abuse or neglect; or 06 (2) 60 days after the date of removal of the child from the child's home 07 under this chapter. 08 (g) This section does not preclude the department from filing a petition to 09 terminate the parental rights and responsibilities to a child for other reasons, or at an 10 earlier time than those specified in (d) of this section, if the department determines that 11 filing a petition is in the best interests of the child. 12 (h) The court may order the termination of parental rights and responsibilities 13 of one or both parents under AS 47.10.080(c)(3) and commit the child to the custody 14 of the department. The rights of one parent may be terminated without affecting the 15 rights of the other parent. 16 (i) The department shall concurrently identify, recruit, process, and approve a 17 qualified person or family for an adoption whenever a petition to terminate a parent's 18 rights to a child is filed. If the court issues an order to terminate under (j) of this 19 section, the department shall report within 30 days on the efforts being made to recruit 20 a permanent placement for the child if a permanent placement was not approved at the 21 time of the trial under (j) of this section. The report must document recruitment efforts 22 made for the child. 23 (j) No later than six months after the date on which the petition to terminate 24 parental rights is filed, the court before which the petition is pending shall hold a trial 25 on the petition unless the court finds that good cause is shown for a continuance. 26 When determining whether to grant a continuance for good cause, the court shall take 27 into consideration the age of the child and the potential adverse effect that the delay 28 may have on the child. The court shall make written findings when granting a 29 continuance. 30 (k) The court shall issue an order on the petition to terminate within 90 days 31 after the last day of the trial on the petition to terminate parental rights.
01 * Sec. 35. AS 47.10.090(e) is amended to read: 02 (e) The court's official records under this chapter may be inspected only with 03 the court's permission and only by persons having a legitimate interest in them. A 04 foster parent is considered to have a legitimate interest in those portions of the 05 court's records relating to a child who is placed by the department with the foster 06 parent or who the department proposes for placement with the foster parent. 07 * Sec. 36. AS 47.10.092(a) is amended to read: 08 (a) Notwithstanding AS 47.10.090 and 47.10.093, a parent or legal guardian of 09 a child [MINOR] subject to a proceeding under AS 47.10.005 - 47.10.142 10 [AS 47.10.010 - 47.10.142] may disclose confidential or privileged information about 11 the child or the child's family [MINOR], including information that has been lawfully 12 obtained from agency or court files, to the governor, the lieutenant governor, a 13 legislator, the ombudsman appointed under AS 24.55, the attorney general, and the 14 commissioners of health and social services, administration, or public safety, or an 15 employee of these persons, for review or use in their official capacities. The 16 department shall [MAY] disclose additional confidential or privileged information and 17 make copies of documents available for inspection [DOCUMENTS] about the child 18 or the child's family [MINOR] to these state officials or employees for review or use 19 in their official capacities upon request of the official or employee and submission 20 of satisfactory evidence that a parent or legal guardian of the child has requested 21 the state official's assistance in the case as part of the official's duties . A person 22 to whom disclosure is made under this section may not disclose confidential or 23 privileged information about the child or the child's family [MINOR] to a person not 24 authorized to receive it. 25 * Sec. 37. AS 47.10.093(b) is amended to read: 26 (b) A state or municipal agency or employee shall [MAY] disclose 27 appropriate information regarding a case to 28 (1) a guardian ad litem appointed by the court or to a citizen review 29 board or local review panel for permanency planning authorized by AS 47.14.200 or 30 47.14.220; 31 (2) a person or an agency requested by the department or the child's
01 legal custodian to provide consultation or services for a child [MINOR] who is subject 02 to the jurisdiction of the court under AS 47.10.010 as necessary to enable the 03 provision of the consultation or services ; 04 (3) foster parents or relatives with whom the child is placed by the 05 department as may be necessary to enable the foster parents or relatives to 06 provide appropriate care for the child who is the subject of the case, to protect the 07 safety of the child who is the subject of the case, and to protect the safety and 08 property of family members and visitors of the foster parents or relatives; 09 (4) school officials as may be necessary to enable the school to provide 10 appropriate counseling and support services to the child [MINOR] who is the subject 11 of the case, to protect the safety of the child [MINOR] who is the subject of the case, 12 and to protect the safety of school students and staff; 13 (5) [(4)] a governmental agency as may be necessary to obtain that 14 agency's assistance for the department in its investigation or to obtain physical custody 15 of a child; 16 (6) [AND (5)] a [STATE OR MUNICIPAL] law enforcement agency 17 of this state or another jurisdiction as may be necessary for the protection of any 18 child [A SPECIFIC INVESTIGATION BEING CONDUCTED BY THAT AGENCY] 19 or for actions [DISCLOSURES] by that agency to protect the public safety ; 20 (7) members of a multidisciplinary child protection team created 21 under AS 47.14.300 as may be necessary for the performance of their duties; 22 (8) the state medical examiner under AS 12.65 as may be necessary 23 for the performance of the duties of the state medical examiner; 24 (9) a person who has made a report of harm as required by 25 AS 47.17.020 to inform the person that the investigation was completed and of 26 action taken to protect the child who was the subject of the report; and 27 (10) the child support enforcement agency established in 28 AS 25.27.010 as may be necessary to establish and collect child support for a child 29 who is a child in need of aid under this chapter . 30 * Sec. 38. AS 47.10.141(f) is amended to read: 31 (f) If a child [MINOR], without permission, leaves the semi-secure portion of
01 an office, program, shelter, or facility to which the child [MINOR] was taken by a 02 peace officer under (b)(1)(C) [(b)(1)(c)] of this section, the office, program, shelter, or 03 facility shall immediately notify the department and the nearest law enforcement agency 04 of the identity of the child [MINOR] and the child's [MINOR'S] absence. If the same 05 child [MINOR] is again taken into protective custody under (b) of this section and the 06 peace officer knows that the child [MINOR] has previously been reported under this 07 subsection as missing from a semi-secure placement, the peace officer, in addition to 08 taking the appropriate action under (b) of this section, shall report the circumstances 09 and the identity of the child [MINOR] to the department. Within 48 hours after 10 receiving this report, the department shall determine whether to file a petition alleging 11 that the child [MINOR] is a child in need of aid under AS 47.10.011 12 [AS 47.10.010(a)(1)]. If the department decides not to file a petition alleging that the 13 child [MINOR] is a child in need of aid, the department shall, within seven state 14 working days after receiving the report from the peace officer under this subsection, 15 send to the child's [MINOR'S] parents or guardian, as applicable, written notice of its 16 determination not to proceed with the petition, including the reasons on which the 17 determination was based. If the department is unable to obtain a reasonably reliable 18 address for a parent or guardian, the department shall keep a copy of the notice on file 19 and, notwithstanding AS 47.10.093, release the notice to the child's [MINOR'S] parent 20 or guardian on request of the parent or guardian. If the department files a petition 21 alleging that the child [MINOR] is a child in need of aid, the court shall proceed under 22 AS 47.10.142(d). 23 * Sec. 39. AS 47.10.141(g) is amended to read: 24 (g) If the department files a petition alleging the child [MINOR] is a child in 25 need of aid under AS 47.10.011(5) [AS 47.10.010(a)(1)] because the child [MINOR] 26 is habitually absent from home or refuses available care, the child's [MINOR'S] parent 27 or guardian shall attend each hearing held during the child-in-need-of-aid proceedings 28 unless the court excuses the parent or guardian from attendance for good cause. If the 29 child [MINOR] is found to be a child in need of aid, the court may order that the 30 (1) child participate in treatment; 31 (2) [MINOR'S] parent or guardian [(1)] personally participate in
01 treatment reasonably available in the parent or guardian's community as specified in a 02 plan set out in the court order; and 03 (3) child and the parent or guardian [(2)] comply with other 04 conditions set out in the court order. 05 * Sec. 40. AS 47.10.142(a) is amended to read: 06 (a) The Department of Health and Social Services may take emergency custody 07 of a child [MINOR] upon discovering any of the following circumstances: 08 (1) the child [MINOR] has been abandoned as abandonment is 09 described in AS 47.10.013 ; 10 (2) the child [MINOR] has been [GROSSLY] neglected by the child's 11 [MINOR'S] parents or guardian, as "neglect" is described [DEFINED] in AS 47.10.014 12 [AS 47.17.290], and the department determines that immediate removal from the child's 13 [MINOR'S] surroundings is necessary to protect the child's [MINOR'S] life or provide 14 immediate necessary medical attention; 15 (3) the child [MINOR] has been subjected to physical harm [CHILD 16 ABUSE OR NEGLECT] by a person responsible for the child's [MINOR'S] welfare, 17 [AS "CHILD ABUSE OR NEGLECT" IS DEFINED IN AS 47.17.290,] and the 18 department determines that immediate removal from the child's [MINOR'S] 19 surroundings is necessary to protect the child's [MINOR'S] life or that immediate 20 medical attention is necessary; or 21 (4) the child or a sibling [MINOR] has been sexually abused under 22 circumstances listed in AS 47.10.011(7) [AS 47.10.010(a)(4)]. 23 * Sec. 41. AS 47.10.142(c) is amended to read: 24 (c) When a child is taken into custody under (a) or (b) of this section or when 25 the department is notified of a child's presence in either a program for runaway 26 children [MINORS] under AS 47.10.300 - 47.10.390 or a shelter for runaway children 27 [MINORS] under AS 47.10.392 - 47.10.399, the department shall immediately, and in 28 no event more than 24 [12] hours later unless prevented by lack of communication 29 facilities, notify the parents or the person or persons having custody of the child. If the 30 department determines that continued custody is necessary to protect the child, the 31 department shall notify the court of the emergency custody by filing, within 24 [12]
01 hours after custody was assumed, a petition alleging that the child is a child in need of 02 aid. If the department releases the child within 24 [12] hours after taking the child into 03 custody and does not file a child in need of aid petition , the department shall, within 04 24 [12] hours after releasing the child, file with the court a report explaining why the 05 child was taken into custody , why the child was released, and to whom the child was 06 released . 07 * Sec. 42. AS 47.10.142(h) is amended to read: 08 (h) Within 12 [18] months after a child [MINOR] is committed to the 09 department under this section, the court shall review the placement plan and actual 10 placement of the child [MINOR] under AS 47.10.080(l). 11 * Sec. 43. AS 47.10 is amended by adding a new section to read: 12 Sec. 47.10.960. Duty and standard of care not created. Nothing in this title 13 creates a duty or standard of care for services to children and their families being 14 served under AS 47.10. 15 * Sec. 44. AS 47.10.990(1) is amended to read: 16 (1) "care" [OR "CARING" UNDER AS 47.10.010(a)(1) AND 17 47.10.120(a)] means to provide for the physical, [EMOTIONAL,] mental, and social 18 needs of the child; 19 * Sec. 45. AS 47.10.990(2) is amended to read: 20 (2) "child in need of aid" means a child [MINOR] found to be within 21 the jurisdiction of the court under AS 47.10.010 and 47.10.011 [AS 47.10.010(a)]; 22 * Sec. 46. AS 47.10.990 is amended by adding new paragraphs to read: 23 (8) "child" means a person under 18 years of age and a person 19 years 24 of age if that person was under 18 years of age at the time that a proceeding under this 25 chapter was commenced; 26 (9) "custodian" means a natural person 18 years of age or older to 27 whom a parent or guardian has transferred temporary physical care, custody, and 28 control of the child for a period of time; 29 (10) "domestic violence" has the meaning given in AS 18.66.990; 30 (11) "family support services" means the services and activities provided 31 to children and their families, including those provided by the community, a church,
01 or other service organization, both to prevent removal of a child from the parental home 02 and to facilitate the child's safe return to the family; "family support services" may 03 include counseling, substance abuse treatment, mental health services, assistance to 04 address domestic violence, visitation with family members, parenting classes, in-home 05 services, temporary child care services, and transportation; 06 (12) "foster care" means care provided by a person or household under 07 a foster home license required under AS 47.35.015; 08 (13) "guardian" means a natural person who is legally appointed 09 guardian of the child by the court; 10 (14) "hazardous volatile material or substances" has the meaning given 11 in AS 47.37.270; 12 (15) "intoxicant" means a substance that temporarily diminishes a 13 person's control over mental or physical powers, including alcohol, controlled 14 substances under AS 11.71, and a hazardous volatile material or substance misused by 15 inhaling its vapors; 16 (16) "mental injury" has the meaning given in AS 47.17.290; 17 (17) "parent" means the biological or adoptive parent of the child; 18 (18) "permanency hearing" means a hearing 19 (A) designed to reach a decision in a case concerning the 20 permanent placement of a child under AS 47.10; and 21 (B) at which the direction of the case involving the child is 22 determined; 23 (19) "physical injury" has the meaning given in AS 11.81.900(b); 24 (20) "reasonable efforts" means, with respect to family support services 25 required under AS 47.10.086, consistent attempts made during a reasonable time period 26 and time-limited services; 27 (21) "reasonable time" means a period of time that serves the best 28 interests of the child, taking in account the affected child's age, emotional and 29 developmental needs, and ability to form and maintain lasting attachments; 30 (22) "serious physical injury" has the meaning given in 31 AS 11.81.900(b);
01 (23) "sexual abuse" means the conduct described in AS 11.41.410 - 02 11.41.460; conduct constituting "sexual exploitation" as defined in AS 47.17.290, and 03 conduct prohibited by AS 11.66.100 - 11.66.150; 04 (24) "support" has the meaning given in AS 11.51.120(b). 05 * Sec. 47. AS 47.12.310(b) is amended to read: 06 (b) A state or municipal agency or employee shall [MAY] disclose 07 appropriate information regarding a case to 08 (1) a guardian ad litem appointed by the court [OR TO A CITIZEN 09 REVIEW BOARD OR LOCAL REVIEW PANEL FOR PERMANENCY PLANNING 10 AUTHORIZED BY AS 47.14.200 - 47.14.220]; 11 (2) a person or an agency requested by the department or the minor's 12 legal custodian to provide consultation or services for a minor who is subject to the 13 jurisdiction of the court under this chapter as necessary to enable the provision of the 14 consultation or services ; 15 (3) school officials as may be necessary to protect the safety of the 16 minor who is the subject of the case and the safety of school students and staff or to 17 enable the school to provide appropriate counseling and supportive services to meet the 18 needs of a minor about whom information is disclosed; 19 (4) a governmental agency as may be necessary to obtain that agency's 20 assistance for the department in its investigation or to obtain physical custody of a 21 minor; 22 (5) a [STATE OR MUNICIPAL] law enforcement agency of this state 23 or another jurisdiction as may be necessary for the protection, rehabilitation, or 24 supervision of any minor [A SPECIFIC INVESTIGATION BEING CONDUCTED 25 BY THAT AGENCY] or for actions [DISCLOSURES] by that agency to protect the 26 public safety; [AND] 27 (6) a victim as may be necessary to inform the victim about the 28 disposition or resolution of a case involving a minor ; 29 (7) the state medical examiner under AS 12.65 as may be necessary 30 to perform the duties of the state medical examiner; and 31 (8) foster parents or relatives with whom the child is placed by the
01 department as may be necessary to enable the foster parents or relatives to 02 provide appropriate care for the child who is the subject of the case, to protect the 03 safety of the child who is the subject of the case, and to protect the safety and 04 property of family members and visitors of the foster parents or relatives . 05 * Sec. 48. AS 47.14.100(a) is amended to read: 06 (a) Subject to (e), (f), (i), and (j) [(e) AND (f)] of this section, the department 07 shall arrange for the care of every child committed to its custody by placing the child 08 in a foster home or in the care of an agency or institution providing care for children 09 inside or outside the state. The department may place a child in a suitable family 10 home, with or without compensation, and may place a child released to it, in writing 11 verified by the parent, or guardian or other person having legal custody, for adoptive 12 purposes, in a home for adoption in accordance with existing law. 13 * Sec. 49. AS 47.14.100(d) is amended to read: 14 (d) In addition to money paid for the maintenance of foster children under (b) 15 of this section, the department 16 (1) shall pay the costs of caring for physically or mentally handicapped 17 foster children, including the additional costs of medical care, habilitative and 18 rehabilitative treatment, services and equipment, special clothing, and the indirect costs 19 of medical care, including child care and transportation expenses; 20 (2) may pay for respite care; in this paragraph, "respite care" means 21 child care for the purpose of providing 22 [(A)] temporary relief from the stresses of caring for a foster 23 child [WHO HAS A PHYSICAL OR MENTAL DISABILITY OR A 24 PHYSICAL OR MENTAL IMPAIRMENT; IN THIS SUBPARAGRAPH, 25 (i) "PHYSICAL OR MENTAL DISABILITY" HAS THE 26 MEANING GIVEN IN AS 18.80.300(12)(A), (B), AND (D); AND 27 (ii) "PHYSICAL OR MENTAL IMPAIRMENT" HAS 28 THE MEANING GIVEN IN AS 18.80.300; AND 29 (B) PROTECTION FOR THE CHILD WHEN THE FOSTER 30 PARENT IS 31 (i) AWAY FROM THE HOME BECAUSE OF AN
01 EMERGENCY AND OTHER CARE IS NOT AVAILABLE FOR THE 02 CHILD; OR 03 (ii) ON VACATION AND THE CHILD, BECAUSE OF 04 AGE OR INFIRMITY, CANNOT BE PLACED IN ANY OTHER TYPE 05 OF TEMPORARY CARE FACILITY]; and 06 (3) may pay a subsidized guardianship payment under AS 25.23.210 07 when a foster child's foster parents or other persons approved by the department 08 become court-appointed legal guardians of the child. 09 * Sec. 50. AS 47.14.100(e) is amended to read: 10 (e) A child may not be placed in a foster home or in the care of an agency or 11 institution providing care for children if a [BLOOD] relative by blood or marriage 12 [EXISTS WHO] requests placement [CUSTODY] of the child in the relative's home . 13 However, the department may retain custody of the child and provide for its placement 14 in the same manner as for other children if the department 15 (1) [IT] makes a determination, supported by clear and convincing 16 evidence, that placement [THE CUSTODY] of the child with [BY] the [BLOOD] 17 relative will result in physical or mental injury; in [EMOTIONAL DAMAGE. IN] 18 making that determination, poverty, including inadequate or crowded housing, on the 19 part of the blood relative, is not considered prima facie evidence that physical or 20 emotional damage to the child will occur ; this [. THIS] determination may be appealed 21 to the superior court to hear the matter de novo ; 22 (2) determines that a member of the relative's household who is 12 23 years of age or older was the perpetrator in a substantiated report of abuse under 24 AS 47.17; or 25 (3) determines that a member of the relative's household who is 12 26 years of age or older is under arrest for, charged with, has been convicted of, or 27 has been found not guilty by reason of insanity of, a serious offense; 28 notwithstanding this paragraph, the department may place or continue the 29 placement of a child at the relative's home if the relative demonstrates to the 30 satisfaction of the department that conduct described in this paragraph occurred 31 at least five years before the intended placement and the conduct
01 (A) did not involve a victim who was under 18 year of age 02 at the time of the conduct; 03 (B) was not a crime of domestic violence as defined in 04 AS 18.66.990; and 05 (C) was not a violent crime under AS 11.41.100 - 11.41.455 06 or a law or ordinance of another jurisdiction having similar elements . 07 * Sec. 51. AS 47.14.100 is amended by adding new subsections to read: 08 (i) A child may not be placed with an out-of-home care provider, as defined 09 in AS 47.14.299, if the department determines that the child can remain safely at home 10 with one parent or guardian. 11 (j) For the purpose of determining whether the home of a relative meets the 12 requirements for placement of a child, the department shall conduct a criminal 13 background check from state and national criminal justice information available under 14 AS 12.62. The department may conduct a fingerprint background check on any 15 member of the relative's household who is 12 years of age or older when the relative 16 requests placement of the child. For the purposes of obtaining criminal justice 17 information under this subsection, the department is a criminal justice agency 18 conducting a criminal justice activity under AS 12.62. 19 * Sec. 52. AS 47.14 is amended by adding a new section to read: 20 Sec. 47.14.115. Training of foster parents. If the department has placed a 21 child in a foster home, the department shall, no less often than once quarterly, make 22 available training that will assist the foster parent or parents in providing care that will 23 meet the needs of the child placed in the home and the requirements established by the 24 department in regulation. 25 * Sec. 53. AS 47.14.240(d) is amended to read: 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. The local review 29 panel shall provide to the following persons an opportunity to be interviewed by the 30 local review panel in person or by telephone or to provide written material to the local 31 review panel:
01 (1) the child whose case is being reviewed if the child is 10 years of age 02 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) the child's health care providers; 09 (8) if the case is governed by 25 U.S.C. 1901 - 1963 (Indian Child 10 Welfare Act), 11 (A) the child's Indian custodian; and 12 (B) the designated representative of the child's Indian tribe if the 13 tribe has intervened in the court case; and 14 (9) [(8)] other persons with a close personal knowledge of the case. 15 * Sec. 54. AS 47.14.240(h) is amended to read: 16 (h) The report required under (g) of this section must make advisory 17 recommendations based on the best interests of the child in accordance with 18 AS 47.10.082 and must include notification of the right to request court review under 19 AS 47.10.080(f). If the court has scheduled the case for review, the local review panel 20 shall submit its report at least 20 days before the hearing , and the department shall 21 present to the court the recommendations that are made in the report . 22 * Sec. 55. AS 47.14 is amended by adding a new section to read: 23 Article 3A. Multidisciplinary Child Protection Teams. 24 Sec. 47.14.300. Multidisciplinary child protection teams. (a) The 25 department shall create multidisciplinary child protection teams to assist in the 26 evaluation and investigation of reports made under AS 47.17 and to provide 27 consultation and coordination for agencies involved in child protection cases under 28 AS 47.10. 29 (b) A team created under (a) of this section may invite other persons to serve 30 on the team who have knowledge of and experience in child abuse and neglect matters. 31 These persons may include
01 (1) mental and physical health practitioners licensed under AS 08; 02 (2) child development specialists; 03 (3) educators; 04 (4) peace officers as defined in AS 11.81.900; 05 (5) victim counselors as defined in AS 18.66.250; 06 (6) experts in the assessment and treatment of substance abuse; 07 (7) representatives of the district attorney's office and the attorney 08 general's office; 09 (8) persons familiar with 25 U.S.C. 1901 - 1963 (Indian Child Welfare 10 Act); 11 (9) guardians ad litem; and 12 (10) staff members of a child advocacy center if a center is located in 13 the relevant area. 14 (c) A team created under (a) and (b) of this section shall review records on a 15 case referred to the team by the department. The department shall make available to 16 the team its records on the case and other records compiled for planning on the case 17 by other agencies at the request of the department. The team may make 18 recommendations to the department on appropriate planning for the case. 19 (d) Except for a public report issued by a team that does not contain 20 confidential information, records or other information collected by the team or a 21 member of the team related to duties under this section are confidential and not subject 22 to public disclosure under AS 09.25.100 and 09.25.110. 23 (e) Meetings of a team are closed to the public and are not subject to the 24 provisions of AS 44.62.310 and 44.62.312. 25 (f) The determinations, conclusions, and recommendations of a team or its 26 members are not admissible in a civil or criminal proceeding. A member may not be 27 compelled to disclose a determination, conclusion, recommendation, discussion, or 28 thought process through discovery or testimony in a civil or criminal proceeding. 29 Records and information collected by the team are not subject to discovery or subpoena 30 in connection with a civil or criminal proceeding. 31 (g) Notwithstanding (f) of this section, an employee of the department may
01 testify in a civil or criminal proceeding concerning cases reviewed by a team even 02 though the department's records were reviewed by a team and formed the basis of that 03 employee's testimony and the team's report. 04 (h) A person who serves on a multidisciplinary child protection team is not 05 liable for damage or other relief in an action brought by the reason of the performance 06 of a duty, a function, or an activity of the team. 07 (i) In this section, "team" means a multidisciplinary child protection team 08 created under (a) and (b) of this section. 09 * Sec. 56. AS 47.14.990(2) is amended to read: 10 (2) "child in need of aid" means a child [MINOR] found to be within 11 the jurisdiction of the court under AS 47.10.010 and 47.10.011 [AS 47.10.010(a)]; 12 * Sec. 57. AS 47.14.990 is amended by adding new paragraphs to read: 13 (11) "criminal justice information" has the meaning given in 14 AS 12.62.900; 15 (12) "serious offense" has the meaning given in AS 12.62.900. 16 * Sec. 58. AS 47.17.020(a) is amended to read: 17 (a) The following persons who, in the performance of their occupational duties, 18 or with respect to (9) of this subsection, in the performance of their appointed 19 duties, have reasonable cause to suspect that a child has suffered harm as a result of 20 child abuse or neglect shall immediately report the harm to the nearest office of the 21 department: 22 (1) practitioners of the healing arts; 23 (2) school teachers and school administrative staff members of public 24 and private schools; 25 (3) social workers; 26 (4) peace officers [,] and officers of the Department of Corrections; 27 (5) administrative officers of institutions; 28 (6) child care providers; 29 (7) paid employees of domestic violence and sexual assault programs, 30 and crisis intervention and prevention programs as defined in AS 18.66.990; 31 (8) paid employees of an organization that provides counseling or
01 treatment to individuals seeking to control their use of drugs or alcohol ; 02 (9) members of a child fatality review team established under 03 AS 12.65.015(e) or 12.65.120 or the multidisciplinary child protection team created 04 under AS 47.14.300 . 05 * Sec. 59. AS 47.17.020 is amended by adding new subsections to read: 06 (h) This section does not require a person required to report child abuse or 07 neglect under (a)(7) of this section to report mental injury to a child as a result of 08 exposure to domestic violence so long as the person has reasonable cause to believe 09 that the child is in safe and appropriate care and not presently in danger of mental 10 injury as a result of exposure to domestic violence. 11 (i) This section does not require a person required to report child abuse or 12 neglect under (a)(8) of this section to report the resumption of use of an intoxicant as 13 described in AS 47.10.011(10) so long as the person does not have reasonable cause 14 to suspect that a child has suffered harm as a result of the resumption. 15 * Sec. 60. AS 47.17.030(d) is amended to read: 16 (d) Before the department or a local government health or social services 17 agency may seek the termination of parental rights under AS 47.10 18 [AS 47.10.080(c)(3)], it shall offer protective social services and pursue all other 19 reasonable means of protecting the child. 20 * Sec. 61. AS 47.17 is amended by adding a new section to read: 21 Sec. 47.17.033. Investigations. (a) In investigating child abuse and neglect 22 reports under this chapter, the department may make necessary inquiries about the 23 criminal records of the parents or of the alleged abusive or neglectful person, including 24 inquiries about the existence of a criminal history record involving a serious offense as 25 defined in AS 12.62.900. 26 (b) For purposes of obtaining access to information needed to conduct the 27 inquiries required by (a) of this section, the department is a criminal justice agency 28 conducting a criminal justice activity. 29 * Sec. 62. AS 47.17.035(b) is amended to read: 30 (b) If the department determines in an investigation of abuse or neglect of a 31 child that
01 (1) the child is in danger because of domestic violence or that the child 02 needs protection as a result of the presence of domestic violence in the family, the 03 department shall take appropriate steps for the protection of the child; in this 04 paragraph, "appropriate steps" includes 05 (A) reasonable efforts to protect the child and prevent the 06 removal of the child from the parent or guardian who is not a domestic 07 violence offender; 08 (B) reasonable efforts to remove the alleged domestic violence 09 offender from the child's residence if it is determined that the child or 10 another family or household member is in danger of domestic violence; and 11 (C) services to help protect the child from being placed or 12 having unsupervised visitation with the domestic violence offender until the 13 department determines that the offender has met conditions considered 14 necessary by the department to protect the safety of the domestic violence 15 victim and household members; 16 (2) a person is the victim of domestic violence, the department shall 17 provide the victim with a written notice of the rights of and services available to 18 victims of domestic violence that is substantially similar to the notice provided to 19 victims of domestic violence under AS 18.65.520. 20 * Sec. 63. 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 47.10.011 [AS 47.10.010(a)], 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. 64. AS 47.17.290(9) is amended to read: 27 (9) "mental injury" means a serious [AN] injury to the [EMOTIONAL 28 WELL-BEING, OR INTELLECTUAL OR PSYCHOLOGICAL CAPACITY OF A] 29 child [,] as evidenced by an observable and substantial impairment in the child's ability 30 to function in a developmentally appropriate manner and the existence of that 31 impairment is supported by the opinion of a qualified expert witness ;
01 * Sec. 65. AS 47.35.017(b) is amended to read: 02 (b) An application submitted under this section must contain at least the 03 following information: 04 (1) the name and address of the applicant [,] and , if the applicant is an 05 agency, corporation, partnership, association, or any other form of organization, the 06 name, address, and title of each individual [ALL INDIVIDUALS] who has [HAVE] 07 an ownership or management interest in the facility; if the applicant is an individual, 08 the application must include the name, age, and driver's license number, if any, 09 of each member of the individual's household; 10 (2) the name, physical location, and mailing address of the facility or 11 agency for which the license is sought; 12 (3) the name and address of the administrator of the facility or agency, 13 if any; 14 (4) evidence that the administrator or foster parent is an adult with 15 sufficient experience, training, or education to fulfill the duties of an administrator or 16 foster parent; 17 (5) a release for the administrator or foster parent and for each other 18 person who is 16 years of age or older , as specified by the department by regulation, 19 who will have contact with individuals served by the facility or agency, authorizing the 20 department to review all federal, state, and municipal criminal justice information, 21 whether of this state, of a municipality of this state, or of another jurisdiction 22 [LAW ENFORCEMENT], medical records , licensing records , and protective services 23 records, identified in regulations adopted under this chapter, that are relevant to the 24 person who is the subject of the release and to the type of license for which the 25 application has been submitted; 26 (6) two sets of fingerprints and the social security number of each 27 person required to provide a release under (5) of this subsection in order for the 28 department to submit the fingerprints to the Department of Public Safety for the 29 purpose of conducting state and national criminal background checks from 30 criminal justice information received under AS 12.62 and regulations adopted 31 under AS 12.62; the department may not approve an application under this section
01 until the results of the criminal background check have been submitted to the 02 department; 03 (7) for a facility, the number of individuals that will be served in the 04 facility; 05 (8) [(7)] the type of facility or agency for which the license is sought; 06 (9) [(8)] copies of all inspection reports and approvals required by state 07 fire prevention and environmental health and safety authorities for operation of the 08 facility or agency, including any variances granted by these authorities; 09 (10) [(9)] a plan of operation, as required by the department by 10 regulation; 11 (11) [(10)] a staffing plan that describes the number of people who will 12 work at the facility or agency, staff qualifications, a description of each person's 13 responsibilities, and, for a facility other than a maternity home, a supervision schedule 14 for the children in care that meets the requirements established by the department by 15 regulation; 16 (12) evidence that the applicant is capable of meeting the minimum 17 standards of care established by the department under AS 47.14.120; 18 (13) [(11)] evidence that the applicant has completed orientation or 19 training required by the department, by regulation, for holders of the type of license for 20 which the application was submitted; and 21 (14) [(12)] other information required by the department, by regulation, 22 in order to monitor compliance with this chapter and regulations adopted under this 23 chapter. 24 * Sec. 66. AS 47.35 is amended by adding a new section to read: 25 Sec. 47.35.022. Foster care placement. (a) Except as provided in (b) of this 26 section, the department may not place or continue placement of a child for care for 27 payment under AS 47.10 in a foster home that is licensed under this chapter if the 28 department finds that a person for whom fingerprints are required to be submitted for 29 licensure of the foster home is currently under arrest for, charged with, or has been 30 convicted of, or found not guilty by reason of insanity of, a serious offense. 31 (b) Notwithstanding (a) of this section, the department may place or continue
01 a placement for foster care if the applicant or licensee demonstrates to the satisfaction 02 of the department that the applicant, licensee, or other person committed the conduct 03 described in (a) of this section at least five years before the placement, and the conduct 04 (1) did not involve a victim who was under 18 years of age at the time 05 the conduct occurred; 06 (2) was not a crime of domestic violence as defined in AS 18.66.990; 07 and 08 (3) was not a violent crime under AS 11.41.100 - 11.41.455 or a law 09 or an ordinance of another jurisdiction having similar elements. 10 (c) The department shall develop procedures for rechecking criminal justice 11 information records for the information described in (a) of this section for persons who 12 are 16 years of age or older who are living in a licensed foster home with access to 13 children placed by the department. 14 * Sec. 67. AS 47.35.023(b) is repealed and reenacted to read: 15 (b) Notwithstanding (a) of this section, if an emergency exists and a child must 16 be immediately placed, the department or the department's designee may issue a 17 provisional foster home license on an emergency basis for a period of 90 days or less 18 if the department or the department's designee determines that the applicant meets 19 minimal requirements for emergency conditions and the applicant agrees in writing to 20 provide the fingerprint information described in AS 47.35.017(b) within 30 days of the 21 placement of a child in the foster home. The department may extend a provisional 22 foster home license issued under this subsection for one or two additional periods of 23 up to 90 days each in order to obtain the information from the national criminal 24 background check required under AS 47.35.017(b)(6). The department may not issue 25 a license under this subsection before checking state and national criminal justice 26 information available to the department under AS 12.62 and regulations adopted under 27 AS 12.62 about the administrator or foster parent and each person who is 16 years of 28 age or older in the foster home who will have contact with the child. If the department 29 cannot obtain direct access to the state and federal criminal justice information, the 30 department shall request the agency having primary law enforcement responsibility for 31 the geographic area in which the prospective foster home is located to obtain the
01 information and provide it to the department before the license is issued under this 02 section. If the criminal justice information readily available to the department shows 03 an offense which a person would be required to notify the department under 04 AS 47.35.047(b), the department may not issue the license under this subsection. If the 05 additional criminal justice information available from the fingerprint search or another 06 source after the license is issued reveals that the person has a record for one or more 07 of these offenses, the department shall immediately revoke the license and move the 08 child to an appropriate placement. For purposes of obtaining criminal justice 09 information under this subsection, the department is a criminal justice agency 10 conducting a criminal justice activity under AS 12.62. 11 * Sec. 68. AS 47.35.047(b) is amended to read: 12 (b) A licensee shall notify the department within 24 hours after having 13 knowledge of a conviction or indictment, presentment, or charging by information or 14 complaint of an administrator, foster parent, member of the licensee's household, regular 15 volunteer, or staff person for a violation of the following laws or the laws of another 16 jurisdiction with similar elements: 17 (1) offenses against the family and vulnerable adults under 18 AS 11.51; 19 (2) perjury under AS 11.56.200; 20 (3) offenses included in the definition of "serious offense" under 21 AS 12.62.900 [FELONY, FOR A MISDEMEANOR CRIME OF ASSAULT, 22 RECKLESS ENDANGERMENT, CONTRIBUTING TO THE DELINQUENCY OF A 23 MINOR, OR MISCONDUCT INVOLVING A CONTROLLED SUBSTANCE, FOR 24 THE CRIME OF PERJURY, AS DEFINED IN AS 11 OR THE LAWS OF ANOTHER 25 JURISDICTION, OR FOR A SEX CRIME AS DEFINED IN AS 12.62.035]. 26 * Sec. 69. AS 47.35.900 is amended by adding new paragraphs to read: 27 (20) "criminal justice information" has the meaning given in 28 AS 12.62.900; 29 (21) "domestic violence" has the meaning given in AS 18.66.990; 30 (22) "serious offense" has the meaning given in AS 12.62.900. 31 * Sec. 70. AS 47.10.080(k) and 47.10.990(7) are repealed.
01 * Sec. 71. COURT RULE CHANGE. (a) AS 47.10.030(b) and 47.10.070(a), as amended 02 by secs. 22 and 24 of this Act, have the effect of amending Rules 3, 7, 10, 15, and 19, Alaska 03 Child in Need of Aid Rules, by requiring foster parents and other specified persons to have 04 notice and allowing them an opportunity to be heard in child-in-need-of-aid proceedings. 05 (b) Sections 22 and 24 of this Act take effect only if this section receives the two- 06 thirds majority vote of each house required by art. IV, sec. 15, Constitution of the State of 07 Alaska. 08 * Sec. 72. COURT RULE CHANGE. (a) AS 47.10.080(a), as amended by sec. 25 of this 09 Act, has the effect of amending Rule 15, Alaska Child in Need of Aid Rules, by establishing 10 a timeframe for an adjudication hearing under AS 47.10. 11 (b) Section 25 of this Act takes effect only if this section receives the two-thirds 12 majority vote of each house required by art. IV, sec. 15, Constitution of the State of Alaska. 13 * Sec. 73. COURT RULE CHANGE. (a) AS 47.10.080(c)(3), as amended by sec. 26 of 14 this Act, has the effect of amending 15 (1) Rule 18(c), Alaska Child in Need of Aid Rules, by changing the burden of 16 proof for termination of parental rights; and 17 (2) Rule 18(e), Alaska Child in Need of Aid Rules, by requiring the Department 18 of Health and Social Services to report quarterly, instead of annually, on its efforts to find a 19 permanent placement for a child. 20 (b) The amendments made to AS 47.10.080(c)(3) by sec. 26 of this Act that change 21 the burden of proof for termination of parental rights and require quarterly reports take effect 22 only if this section receives the two-thirds majority vote of each house required by art. IV, 23 sec. 15, Constitution of the State of Alaska. 24 * Sec. 74. COURT RULE CHANGE. (a) To the extent that AS 47.10.080(c)(1) and (2) 25 are amended by sec. 26 of this Act to allow a child's guardian ad litem to petition for an 26 extension of the child's commitment or supervision, those provisions amend Rule 19(e), Alaska 27 Child in Need of Aid Rules, relating to petitions for extensions of commitment or supervision 28 of a child. 29 (b) The amendments described in (a) of this section take effect only if this section 30 receives the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution 31 of the State of Alaska.
01 * Sec. 75. COURT RULE CHANGE; EXPEDITED APPEALS. (a) AS 47.10.080(i), as 02 amended by sec. 28 of this Act, has the effect of amending Rule 218, Alaska Rules of 03 Appellate Procedure, by requiring that expedited appeals from a judgment or an order under 04 AS 47.10 be decided within a fixed timeframe. 05 (b) Section 28 of this Act takes effect only if this section receives the two-thirds 06 majority vote of each house required by art. IV, sec. 15, Constitution of the State of Alaska. 07 * Sec. 76. COURT RULE CHANGE. (a) AS 47.10.080(f), as amended by sec. 27 of this 08 Act, and AS 47.10.080(l), as amended by sec. 29 of this Act, have the effect of amending Rule 09 19, Alaska Child in Need of Aid Rules, regarding reviews and hearings by the court in child- 10 in-need-of-aid proceedings. 11 (b) Sections 27 and 29 of this Act take effect only if this section receives the two- 12 thirds majority vote of each house required by art. IV, sec. 15, Constitution of the State of 13 Alaska. 14 * Sec. 77. COURT RULE CHANGE. (a) AS 47.10.086, enacted in sec. 34 of this Act, 15 has the effect of amending 16 (1) Rule 15, Alaska Child in Need of Aid Rules, regarding timing of hearings; 17 and 18 (2) Rule 15(g), Alaska Child in Need of Aid Rules, regarding the standards for 19 reasonable efforts to be made in child-in-need-of-aid proceedings. 20 (b) AS 47.10.086, enacted in sec. 34 of this Act, takes effect only if this section 21 receives the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution 22 of the State of Alaska. 23 * Sec. 78. COURT RULE CHANGE. (a) AS 47.10.088(j) and (k), enacted in sec. 34 of 24 this Act, have the effect of changing Rule 18, Alaska Child in Need of Aid Rules, by requiring 25 the court to 26 (1) hold a termination of parental rights trial no later than six months from the 27 date the petition is filed unless good cause is shown; and 28 (2) issue an order on the petition to terminate parental rights and responsibilities 29 within a specified timeframe. 30 (b) AS 47.10.088(j) and (k), enacted in sec. 34 of this Act, take effect only if this 31 section receives the two-thirds majority vote of each house required by art. IV, sec. 15,
01 Constitution of the State of Alaska. 02 * Sec. 79. COURT RULE CHANGE. (a) AS 47.10.090(e), as amended by sec. 35 of this 03 Act, and AS 47.10.092(a), as amended by sec. 36 of this Act, amend Rule 22, Alaska Child 04 in Need of Aid Rules, regarding access to, and disclosure of, confidential information 05 pertaining to child-in-need-of-aid proceedings. 06 (b) Sections 35 and 36 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. 80. APPLICABILITY. (a) The amendments made in secs. 3 - 7 of this Act apply 10 to offenses committed on or after the effective date of this Act, except that references in secs. 11 3 - 7 of this Act to previous convictions include convictions occurring before, on, or after the 12 effective date of this Act. 13 (b) Except as provided in secs. 81 and 82 of this Act and (a) of this section, this Act 14 applies to 15 (1) a case or proceeding that is filed with the court on or after the effective date 16 of this Act; 17 (2) an action taken under AS 47.10, AS 47.12, AS 47.17, or AS 47.35 on or 18 after the effective date of this Act; and 19 (3) a motion that is filed with the court on or after the effective date of this Act 20 in a case or proceeding that was pending in the court before the effective date of this Act. 21 (c) The provisions of (b) of this section do not preclude consideration of evidence of 22 conduct or omission of a person that brings a child under the jurisdiction of AS 47.10 or 23 AS 47.12. 24 * Sec. 81. TRANSITIONAL PROVISION; FOSTER CARE LICENSING. (a) Unless the 25 information has been previously submitted to the Department of Health and Social Services, 26 an application for biennial renewal of a foster care license under AS 47.35 must include the 27 information required under AS 47.35.017(b), as amended by sec. 65 of this Act. 28 (b) The Department of Health and Social Services may require, as a condition of 29 continued licensure, that a foster care licensee under AS 47.35 submit the additional 30 information required under AS 47.35.017(b), as amended by sec. 65 of this Act, before the 31 licensee is required to submit the additional information under (a) of this section.
01 * Sec. 82. TRANSITIONAL PROVISION; DISCLOSURE OF AGENCY RECORDS. (a) 02 The Department of Health and Social Services may disclose information and make copies of 03 documents available to state officials or employees as authorized under AS 47.10.092(a), as 04 amended by sec. 36 of this Act, based on an appropriate request that was received before, on, 05 or after the effective date of this Act. 06 (b) The Department of Health and Social Services, a parent, or a legal guardian may 07 disclose information as authorized under AS 47.10.092(a), as amended by sec. 36 of this Act, 08 regardless of when the information came into the possession or knowledge of the department, 09 parent, or legal guardian and regardless of when the conduct or situation described in the 10 information occurred.