HB 321: "An Act relating to the confidentiality of investigations, court hearings, and court and public agency information in child in need of aid matters; relating to immunity regarding disclosure of information in child in need of aid matters; amending Rules 3 and 22, Alaska Rules of Child in Need of Aid; and providing for an effective date."
00HOUSE BILL NO. 321 01 "An Act relating to the confidentiality of investigations, court hearings, and court 02 and public agency information in child in need of aid matters; relating to 03 immunity regarding disclosure of information in child in need of aid matters; 04 amending Rules 3 and 22, Alaska Rules of Child in Need of Aid; and providing 05 for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. The uncodified law of the State of Alaska is amended by adding a new 08 section to read: 09 FINDINGS AND INTENT. (a) The legislature finds that 10 (1) public knowledge of, access to, and oversight of the child protection system 11 are important to the success of and public confidence in that system; 12 (2) records of the child protection system made by state agencies and the court 13 historically have been held strictly confidential and not accessible by the public; 14 (3) federal law, which provides substantial financing for the child protection
01 system in this state, has embodied this historical preference for confidentiality of those 02 records; 03 (4) greater access to information about the child protection system will allow 04 the public to make more informed judgments about the performance of government agencies 05 responsible for the protection of children in this state; 06 (5) a limited relaxation of the state confidentiality laws will provide important 07 information to the public while ensuring that the privacy rights of the children involved and 08 their families are not infringed; 09 (6) at least one state has changed its procedures to achieve these important 10 goals, and federal financial sanctions have not been imposed; and 11 (7) it is appropriate for the State of Alaska to change its state policy to 12 recognize these important public interests and to advocate for changes in federal law that 13 would allow for greater public access to records and proceedings of the child protection 14 system in this state. 15 (b) It is the intent of the legislature that this Act should be construed to allow wider 16 access to the public to certain records and hearings of the child protection system 17 (1) without jeopardizing the receipt of federal money important to the 18 successful operation of that system; and 19 (2) consistent with respecting the important privacy rights of the children 20 involved and their families recognized in art. 1, sec. 22, Constitution of the State of Alaska. 21 * Sec. 2. AS 47.10.070(a) is amended to read: 22 (a) The court may conduct the hearing on the petition in an informal manner. 23 The court shall give notice of the hearing to the department, and it may send a 24 representative to the hearing. The court shall also transmit a copy of the petition to 25 the department. The department shall send notice of the hearing to the persons for 26 whom notice is required under AS 47.10.030(b). The department and the persons to 27 whom the department must send notice of the hearing are entitled to be heard at the 28 hearing. Except as provided in (c) of this section, a hearing is open to the public 29 unless prohibited by federal or state statute or regulation, or court order or court 30 rule [HOWEVER, THE COURT MAY LIMIT THE PRESENCE OF THE FOSTER 31 PARENT OR OTHER OUT-OF-HOME CARE PROVIDER TO THE TIME DURING
01 WHICH THE PERSON'S TESTIMONY IS BEING GIVEN IF IT IS (1) IN THE 02 BEST INTEREST OF THE CHILD; OR (2) NECESSARY TO PROTECT THE 03 PRIVACY INTERESTS OF THE PARTIES AND WILL NOT BE DETRIMENTAL 04 TO THE CHILD. THE PUBLIC SHALL BE EXCLUDED FROM THE HEARING, 05 BUT THE COURT, IN ITS DISCRETION, MAY PERMIT INDIVIDUALS TO 06 ATTEND A HEARING IF THEIR ATTENDANCE IS COMPATIBLE WITH THE 07 BEST INTERESTS OF THE CHILD]. 08 * Sec. 3. AS 47.10.070 is amended by adding new subsections to read: 09 (c) Except as provided in (e) of this section, the following hearings are closed 10 to the public: 11 (1) the initial hearing before the court after a petition is filed; 12 (2) a hearing following the initial hearing in which a parent, child, or 13 other party to the case has not had an opportunity to obtain legal representation; 14 (3) a hearing, or a part of a hearing, for which the court issues a 15 written order finding that allowing the hearing, or part of the hearing, to be open to 16 the public would reasonably be expected to 17 (A) stigmatize or be emotionally damaging to a child; 18 (B) inhibit a child's testimony in that hearing; 19 (C) disclose matters otherwise required to be kept confidential 20 by state or federal statute or regulation, or court order or rule; or 21 (D) interfere with a criminal investigation or proceeding or a 22 criminal defendant's right to a fair trial in a criminal proceeding; before ruling 23 on a request under this subparagraph, the court shall give notice and an 24 opportunity to be heard to the state or municipal agency that is assigned to the 25 criminal investigation or proceeding. 26 (d) If a hearing, or part of a hearing, is not closed under (c) of this section, the 27 court shall hear in camera any information offered regarding the location, or readily 28 leading to the location, of a parent, child, or other party to the case who is a victim 29 of domestic violence. Access to testimony heard in camera under this subsection is 30 limited to the court and authorized court personnel. 31 (e) The foster parents or other out-of-home care provider may attend hearings
01 that are otherwise closed to the public under (c) of this section. However, the court 02 may limit the presence of the foster parents or other out-of-home care provider in a 03 hearing closed to the public to the time during which the person's testimony is being 04 given if it is (1) in the best interest of the child; or (2) necessary to protect the privacy 05 interests of the parties and will not be detrimental to the child. 06 * Sec. 4. AS 47.10.080 is amended by adding a new subsection to read: 07 (t) Hearings conducted under this section are open to the public unless an 08 exception provided in AS 47.10.070(c) applies to make the hearing closed to the 09 public. 10 * Sec. 5. AS 47.10.088 is amended by adding a new subsection to read: 11 (l) Trial or hearings conducted under this section are open to the public unless 12 an exception provided in AS 47.10.070(c) applies to make the trial or hearing closed 13 to the public. 14 * Sec. 6. AS 47.10.090 is repealed and reenacted to read: 15 Sec. 47.10.090. Court records. (a) The court shall make and keep records 16 of all cases brought before it. The court shall keep confidential the documents and 17 information contained in the record of a case in a manner such that documents and 18 information that are subject to public disclosure are readily accessible for that purpose 19 and that confidential documents are protected from inadvertent disclosure. A record 20 that contains some confidential information is subject to release for public inspection 21 so long as the confidential information can be redacted and the remaining information 22 supplied to the requestor. 23 (b) The documents or information contained in the record of a case brought 24 under this chapter are subject to public disclosure unless the release is prohibited by 25 state or federal statute or regulation, or court order or rule. A party to a case may 26 request the court to issue an order to make confidential any part of the file that is 27 releasable to the public, upon showing that the release would cause the harm described 28 in AS 47.10.070(c)(3). The court may seal the request, and consider the request in 29 camera, if the court finds that the need for confidentiality outweighs the need for 30 access to the documents or information by the public. 31 (c) Unless the court has sealed the request under (b) of this section, a member
01 of the public has a right to be served with any request for confidentiality made under 02 (b) of this section if the member files a notice in the case with the court and serves 03 the parties to the case. After a notice has been filed under this section, the court may 04 not rule on a request under (b) of this section that has not been sealed until the 05 requestor has also provided notice of the request to the member of the public who filed 06 notice and the requestor has filed an affidavit with the court documenting that the 07 required service has been made. The court may waive the service on the member of 08 the public required under this subsection if a request for confidentiality under (b) of 09 this section is made immediately before or during the hearing and the court finds that 10 (1) the need for closure was not reasonably foreseeable sufficiently in 11 advance of the hearing to achieve notice; 12 (2) there is good cause not to delay the hearing in order to achieve 13 notice, taking into consideration the age of the child and the potential adverse effect 14 that a delay could have on the child; and 15 (3) whatever notice is practicable under the circumstances has occurred. 16 (d) Recordings of a hearing closed to the public under AS 47.10.070(c)(1) or 17 (2) are releasable and subject to inspection by the public three working days after the 18 hearing is completed, unless the court makes specific written findings that inspection 19 by the public would cause harm as described in AS 47.10.070(c)(3). 20 (e) Notwithstanding any contrary provision of this section, the name or picture 21 of a child under the jurisdiction of the court, or other information that would readily 22 lead to the identification of the child, may not be made public in connection with the 23 child's status as a child in need of aid unless authorized by order of the court. This 24 subsection does not prohibit the release of aggregate information for statistical or 25 informational purposes. 26 (f) The court's official records that are confidential under this chapter may be 27 inspected only with the court's permission and only by persons having a legitimate 28 interest in them. A foster parent is considered to have a legitimate interest in those 29 portions of the court's records that required the court's permission for inspection 30 relating to a child who is placed by the department with the foster parent or who the 31 department proposes for placement with the foster parent.
01 (g) Within 30 days after the date of a child's 18th birthday or, if the court 02 retains jurisdiction of a child past the child's 18th birthday, within 30 days after the 03 date on which the court releases jurisdiction over the child, the court shall order all the 04 court's official records that are confidential pertaining to that child in a proceeding 05 under this chapter sealed. A person may not use these sealed records for any purpose 06 except that the court may order their use for good cause shown. 07 * Sec. 7. AS 47.10 is amended by adding a new section to read: 08 Sec. 47.10.091. Confidential court records. In addition to other protections 09 for documents and records contained in state or federal statute or regulation, and court 10 orders and rules, the following documents or information contained in the court's 11 official records of a case brought under this chapter and kept under AS 47.10.090 are 12 confidential and prohibited from being released to the public absent authorization by 13 the court under AS 47.10.090(e) - (g): 14 (1) an emergency petition; such a petition is subject to public disclosure 15 three working days after the initial hearing on the emergency custody petition is 16 completed unless the court makes specific written findings that inspection by the public 17 would cause harm as described in AS 47.10.070(c)(3) or (d); 18 (2) unless the release is authorized under AS 47.10.090(d), recordings 19 or other court records of a hearing closed to the public; 20 (3) health and medical records, including records relating to the 21 diagnosis, evaluation, and treatment of a physical or mental condition; for purposes of 22 this paragraph, "a physical or mental condition" includes chemical abuse; 23 (4) any information identifying a reporter of abuse or neglect under this 24 chapter, unless names and other identifying information of the reporter of the abuse 25 or neglect are redacted; if this information is redacted, the restrictions of the paragraph 26 do not apply; 27 (5) treatment reports by agencies providing services to family members 28 under this chapter; 29 (6) any information identifying, or readily leading to the identification 30 of, a victim of an alleged or adjudicated sexual abuse or sexual assault; 31 (7) any report, including attachments to it, submitted to the court by a
01 party to aid the court in its determinations under this chapter; 02 (8) audio tapes, video tapes, or written information submitted to the 03 court from the agency, except to the extent that the information is otherwise accessible 04 to the public; 05 (9) information regarding the location or, readily leading to the location 06 of, a parent, child, or other party to the case who is a victim of domestic violence; 07 (10) any information identifying, or readily leading to the identification 08 of, a confidential source of information in a criminal investigation or prosecution. 09 * Sec. 8. AS 47.10.092(a) is amended to read: 10 (a) Notwithstanding AS 47.10.090 , 47.10.091, and 47.10.093, a parent or legal 11 guardian of a child subject to a proceeding under AS 47.10.005 - 47.10.142 may 12 disclose confidential or privileged information about the child or the child's family, 13 including information that has been lawfully obtained from agency or court files, to 14 the governor, the lieutenant governor, a legislator, the ombudsman appointed under AS 15 24.55, the attorney general, and the commissioners of health and social services, 16 administration, or public safety, or an employee of these persons, for review or use in 17 their official capacities. The department shall disclose additional confidential or 18 privileged information and make copies of documents available for inspection about 19 the child or the child's family to these state officials or employees for review or use 20 in their official capacities upon request of the official or employee and submission of 21 satisfactory evidence that a parent or legal guardian of the child has requested the state 22 official's assistance in the case as part of the official's duties. A person to whom 23 disclosure is made under this section may not disclose confidential or privileged 24 information about the child or the child's family to a person not authorized to receive 25 it. 26 * Sec. 9. AS 47.10.093(b) is amended to read: 27 (b) A state or municipal agency or employee shall disclose appropriate 28 confidential information regarding a case to 29 (1) a guardian ad litem appointed by the court or to a citizen review 30 board or local review panel for permanency planning authorized by AS 47.14.200 or 31 47.14.220;
01 (2) a person or an agency requested by the department or the child's 02 legal custodian to provide consultation or services for a child who is subject to the 03 jurisdiction of the court under AS 47.10.010 as necessary to enable the provision of 04 the consultation or services; 05 (3) foster parents or relatives with whom the child is placed by the 06 department as may be necessary to enable the foster parents or relatives to provide 07 appropriate care for the child who is the subject of the case, to protect the safety of 08 the child who is the subject of the case, and to protect the safety and property of 09 family members and visitors of the foster parents or relatives; 10 (4) school officials as may be necessary to enable the school to provide 11 appropriate counseling and support services to the child who is the subject of the case, 12 to protect the safety of the child who is the subject of the case, and to protect the 13 safety of school students and staff; 14 (5) a governmental agency as may be necessary to obtain that agency's 15 assistance for the department in its investigation or to obtain physical custody of a 16 child; 17 (6) a law enforcement agency of this state or another jurisdiction as 18 may be necessary for the protection of any child or for actions by that agency to 19 protect the public safety; 20 (7) members of a multidisciplinary child protection team created under 21 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 for 23 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 action 26 taken to protect the child who was the subject of the report; [AND] 27 (10) the child support enforcement agency established in AS 25.27.010 28 as may be necessary to establish and collect child support for a child who is a child 29 in need of aid under this chapter ; or 30 (11) except as provided in (n) of this section, the public when a 31 child
01 (A) has died and the child's death resulted from abuse or 02 neglect of the child; 03 (B) has died and the child was in the custody of the 04 department at, or within 12 months of, the date of death of the child; or 05 (C) has been abused or neglected, and the abuse or neglect 06 has resulted in the child's near fatality . 07 * Sec. 10. AS 47.10.093(c) is repealed and reenacted to read: 08 (c) A state or municipal law enforcement agency shall disclose confidential 09 information regarding a case that is needed by the person or agency charged with 10 making a preliminary investigation for the information of the court under 11 AS 47.10.020. 12 * Sec. 11. AS 47.10.093(f) is amended to read: 13 (f) The department may release to a person with a legitimate interest 14 confidential information relating to minors not subject to the jurisdiction of the court 15 under AS 47.10.010. [THE DEPARTMENT SHALL ADOPT REGULATIONS 16 GOVERNING THE RELEASE OF INFORMATION AND IDENTIFYING A 17 SUFFICIENT LEGITIMATE INTEREST.] 18 * Sec. 12. AS 47.10.093(g) is amended to read: 19 (g) The department and affected law enforcement agencies shall work with 20 school districts and private schools to develop procedures for the disclosure of 21 confidential information to school officials under (b)(3) of this section. The 22 procedures must provide a method for informing the principal or the principal's 23 designee of the school the student attends as soon as it is reasonably practicable. 24 * Sec. 13. AS 47.10.093 is amended by adding new subsections to read: 25 (k) The department may adopt regulations to implement and interpret its duties 26 under this section, including regulations governing the release of confidential 27 information and identifying a sufficient legitimate interest under (f) of this section. 28 (l) When the parent or guardian of the child who is the subject of a report of 29 abuse or neglect has made a public disclosure concerning the department's involvement 30 with the family, the department may respond to the public disclosure made by the 31 parent or guardian.
01 (m) The department may disclose appropriate confidential information 02 regarding a case to the public when the alleged perpetrator named in the report of 03 abuse or neglect has been charged with a crime concerning the alleged abuse or 04 neglect. The only type of information that may be publicly disclosed under this 05 subsection is information related to the determination, if any, made by the department 06 regarding the validity of a report of abuse or neglect of the child and the department's 07 activities arising out of the event that forms the basis of that criminal charge. The 08 department may withhold the disclosure of the information described in this section 09 if the disclosure would reasonably be expected to interfere with a criminal 10 investigation or proceeding or a criminal defendant's right to a fair trial in a criminal 11 proceeding. 12 (n) Under (b)(11) of this section, the department may withhold disclosure of 13 (1) the child's name, picture, or other information that would readily 14 lead to the identification of the child if the department determines that such a 15 disclosure would be contrary to the best interests of the child, child's siblings, or other 16 children in the child's household; or 17 (2) information that would reasonably be expected to interfere with a 18 criminal investigation or proceeding or a criminal defendant's right to a fair trial in a 19 criminal proceeding. 20 (o) Except for disclosures made under (b)(11), (l), or (m) of this section, a 21 person to whom disclosure is made under this section may not disclose confidential 22 or privileged information about the child or the child's family to a person not 23 authorized to receive it. 24 * Sec. 14. AS 47.10 is amended by adding a new section to read: 25 Sec. 47.10.094. Immunity from liability. A person may not bring an action 26 for damages based on a decision by the state or the department or the officers or 27 employees of those entities to disclose information that the state or the department or 28 the officers or employees of those entities had good cause to believe was allowed or 29 required to be disclosed under this chapter. 30 * Sec. 15. AS 47.10.990 is amended by adding a new paragraph to read: 31 (28) "near fatality" means that the child was placed in serious or critical
01 condition as a result of an act or omission, as certified by a physician. 02 * Sec. 16. AS 47.14.260(a) is amended to read: 03 (a) Notwithstanding AS 47.10.090 , 47.10.091, and 47.10.093, at the request of 04 a local review panel, the department, a municipality, the child's guardian ad litem, and 05 the court shall furnish to the local review panel relevant confidential and other 06 records concerning a child and the child's family who are the subjects of a local panel 07 review. At the conclusion of a review, all copies of records provided to a local review 08 panel under this section shall be returned to the staff that serves the local review panel 09 or to the agency from which the original copy was obtained unless the local review 10 panel members need the copies to prepare the reports required under AS 47.14.240(g) - 11 (i). Copies retained for preparation of the reports shall be returned to the staff that 12 serves the local review panel or to the originating agency upon completion of the 13 reports. Notwithstanding AS 44.62.310, records and reports of the local review panel, 14 testimony before the local review panel, and deliberations of the local review panel are 15 confidential [UNDER AS 47.10.090]. 16 * Sec. 17. AS 47.17.040 is amended by adding a new subsection to read: 17 (c) Notwithstanding (b) of this section, the department may release a summary 18 of the information contained in a report of harm filed under this chapter if the 19 summary does not contain the name, picture, or other information that would readily 20 lead to the identification of the following persons: 21 (1) the person who made the report of harm; 22 (2) the child who is the subject of the report of harm; 23 (3) the child's parents and siblings, and other members of the child's 24 household; 25 (4) the alleged perpetrator of the harm. 26 * Sec. 18. The uncodified law of the State of Alaska is amended by adding a new section 27 to read: 28 DIRECT COURT RULE AMENDMENT. Rule 3(c), Alaska Child in Need of Aid 29 Rules of Procedure, is amended to read: 30 (c) Presence of Foster Parent. A foster parent or other out-of-home care 31 provider is entitled to be heard at any hearing at which the person is present.
01 However, the court may limit the presence of the foster parent or care provider in a 02 hearing that has been closed to the public under subparagraph (f)(2) of this rule 03 to the time during which the person's testimony is being given if it is (1) in the best 04 interest of the child; or (2) necessary to protect the privacy interests of the parties and 05 will not be detrimental to the child. 06 * Sec. 19. The uncodified law of the State of Alaska is amended by adding a new section 07 to read: 08 DIRECT COURT RULE AMENDMENT. Rule 3(f), Alaska Child in Need of Aid 09 Rules of Procedure, is repealed and reenacted to read: 10 (f) General Public Access to Hearings. 11 (1) Except as provided in (2) of this paragraph, hearings are open to 12 the public unless prohibited by federal or state statute or regulation, or court order or 13 other court rule. 14 (2) The following hearings are closed to the public: 15 (A) the initial hearing before the court after a petition is filed; 16 (B) a hearing following the initial hearing in which a parent, 17 child, or other party to the case has not had an opportunity to obtain legal 18 representation; 19 (C) a hearing, or a part of a hearing, for which the court issues 20 a written order finding that allowing the hearing, or part of the hearing, to be 21 open to the public would reasonably be expected to stigmatize or be 22 emotionally damaging to a child; inhibit a child's testimony in the hearing; 23 disclose matters otherwise required to be kept confidential by state or federal 24 statute or regulation, or court order or rule; or interfere with a criminal 25 investigation or proceeding or a criminal defendant's right to a fair trial in a 26 criminal proceeding. 27 (3) Before ruling on a request under (2)(C) of this paragraph 28 concerning potential interference with a criminal investigation or proceeding, the court 29 shall give notice and an opportunity to be heard to the state or a municipal agency that 30 is assigned to the criminal investigation or proceeding. 31 (4) If the court closes a hearing to the public under (2)(C) of this
01 paragraph, the court shall only close the portions of the hearing necessary to prevent 02 the potential harm listed in (2)(C) of this paragraph. If a hearing, or part of a hearing, 03 is open to the public, the court shall hear in camera any information offered regarding 04 the location, or readily leading to the location, of a parent, child, or party to the case 05 who is a victim of domestic violence. Access to testimony heard in camera under this 06 subparagraph is limited to the court and authorized court personnel. 07 (5) Notwithstanding any other provision of this rule, the court shall 08 issue an order to prohibit all persons in a hearing open to the public from providing 09 to any person the names, pictures, and other information that would readily lead to the 10 identification of a child who is the subject of the proceeding. If a person violates the 11 order, the court may impose any appropriate sanction, including contempt and closure 12 of any further hearings in the proceeding. 13 (6) A party to the proceeding may move the court to close to the public 14 a hearing, or part of the hearing, to avoid the harm specified in (2)(C) of this 15 paragraph. A member of the public may give notice to the court in a proceeding 16 requesting to be served with a motion filed under this subparagraph. If such a notice 17 has been filed in advance of the filing of the motion, the party filing the motion must 18 also serve the member of the public who requested notice under this subparagraph. 19 The court may waive the service required under this subparagraph to a member of the 20 public if a motion to close the hearing, or part of the hearing, is made under this 21 subparagraph immediately before or during the hearing and the court finds that 22 (A) the need for closure was not reasonably foreseeable 23 sufficiently in advance of the hearing to achieve notice; 24 (B) there is good cause not to delay the hearing in order to 25 achieve notice, taking into consideration the age of the child and the potential 26 adverse effect that a delay could have on the child; and 27 (C) whatever notice is practicable under the circumstances has 28 occurred. 29 * Sec. 20. The uncodified law of the State of Alaska is amended by adding a new section 30 to read: 31 DIRECT COURT RULE AMENDMENT. Rule 22, Alaska Child in Need of Aid
01 Rules of Procedure, is amended to read: 02 Rule 22. Confidentiality. 03 (a) Confidentiality of Records. The records of a child in need of aid 04 proceeding are open for public inspection unless they are confidential by federal 05 or state statute or regulation, or court order or rule [CONFIDENTIAL]. Only 06 parties and their attorneys may have access to the confidential information in the 07 court file except as otherwise authorized by statute or court order for good cause 08 shown. Parties and their attorneys shall maintain the confidentiality of all confidential 09 information in the court's file. Other persons authorized access to the confidential 10 information in the file are subject to such conditions as the court may set with notice 11 to the parties. 12 (b) Foster Parent's Right to Review. A foster parent may have access to 13 confidential information in the court records relating to a child whom the Department 14 has placed with the foster parent or whom the Department proposes for placement. 15 When a case involves more than one child, but the foster parent does not have custody 16 of all the children in the case, the foster parent may have access only to those 17 confidential portions of the court records that relate to the child whom the Department 18 has place or proposed for placement with the foster parent. The foster parent must 19 maintain the confidentiality of all confidential parts of the record. For purposes of 20 this rule, "foster parent" includes current and proposed foster parents. 21 (c) Child's Name , [OR] Picture , or Identifying Information . The name or 22 picture of a child , or other information that would readily lead to the identification 23 of the child, who is the subject of a CINA proceeding may not be made available to 24 the public unless authorized by court order accompanied by a written statement reciting 25 the circumstances which support such authorization. 26 * Sec. 21. The uncodified law of the State of Alaska is amended by adding a new section 27 to read: 28 NOTICE OF COURT RULE CHANGES. Sections 2 - 8 of this Act take effect only 29 if secs. 18 - 20 of this Act receive the two-thirds majority vote of each house required by 30 art. IV, sec. 15, Constitution of the State of Alaska. 31 * Sec. 22. The uncodified law of the State of Alaska is amended by adding a new section
01 to read: 02 FEDERAL ASSISTANCE. If a provision of this Act regarding confidentiality of 03 hearings and records adversely affects the receipt of federal money or federal assistance and 04 there is a conflict between a provision of this Act and a federal statute or regulation, the 05 federal statute or regulation prevails. 06 * Sec. 23. The uncodified law of the State of Alaska is amended by adding a new section 07 to read: 08 APPLICABILITY. (a) This Act applies to all proceedings and hearings conducted on 09 or after the effective date of this Act. 10 (b) This Act applies to all information, records, and files created on or after the 11 effective date of this Act; however, if a file contains information and records that were created 12 before the effective date of this Act, the information and records retain the confidentiality 13 status that they had under the law on the day before the effective date of secs. 1 - 20 of this 14 Act. 15 * Sec. 24. The uncodified law of the State of Alaska is amended by adding a new section 16 to read: 17 TRANSITION PROVISION: REGULATIONS. The Department of Health and Social 18 Services may immediately proceed to adopt regulations necessary to implement the changes 19 made by this Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), 20 but not before July 1, 2001. 21 * Sec. 25. The uncodified law of the State of Alaska is amended by adding a new section 22 to read: 23 REPORT. The governor shall issue a report, including any recommendations for 24 statutory changes, to the public and the legislature on the implementation of this Act by 25 December 1, 2002. 26 * Sec. 26. Section 24 of this Act takes effect immediately under AS 01.10.070(c). 27 * Sec. 27. Except as provided in sec. 26 of this Act, this Act takes effect July 1, 2001.