SCS CSHB 252(JUD): "An Act relating to the construction of certain statutes relating to children; relating to the scope of duty and standard of care for persons who provide services to certain children and families; relating to civil liability for damages to certain children and their families resulting from failure to comply with certain statutes; relating to intensive family preservation services; and providing for an effective date."
00 SENATE CS FOR CS FOR HOUSE BILL NO. 252(JUD) 01 "An Act relating to the construction of certain statutes relating to children; relating to 02 the scope of duty and standard of care for persons who provide services to certain 03 children and families; relating to civil liability for damages to certain children and their 04 families resulting from failure to comply with certain statutes; relating to intensive 05 family preservation services; and providing 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 section 08 to read: 09 LEGISLATIVE INTENT. By the amendment of AS 47.10.005 in sec. 2 of this Act, 10 the legislature intends to express its recognition that parents possess inherent, individual rights 11 to direct and control the education and upbringing of their children. 12 * Sec. 2. AS 47.10.005 is amended to read: 13 Sec. 47.10.005. Construction. The provisions of this chapter shall be
01 liberally construed to the end that a child coming within the jurisdiction of the court 02 under this chapter may receive the care, guidance, treatment, and control that will 03 promote the best interests of the child, including the parents' participation in the 04 child's upbringing [CHILD'S WELFARE]. 05 * Sec. 3. AS 47.10.086(a) is amended to read: 06 (a) Except as provided in (b) and (c) of this section, the department shall make 07 timely, reasonable efforts to provide family support services to the child and to the 08 parents or guardian of the child that are designed to prevent out-of-home placement of 09 the child or to enable the safe return of the child to the family home, when appropriate, 10 if the child is in an out-of-home placement. Within appropriations identified by the 11 department for the specific purpose of intensive family preservation services, the 12 department shall also offer intensive family preservation services when those 13 services are available and the child's safety in the home can be maintained during 14 the time the services are provided. The department's duty to make reasonable 15 efforts under this subsection to provide family support services includes the duty to 16 (1) identify family support services that will assist the parent or 17 guardian in remedying the conduct or conditions in the home that made the child a 18 child in need of aid; 19 (2) actively offer the parent or guardian, and refer the parent or 20 guardian to, the family support services identified under (1) of this subsection; the 21 department shall refer the parent or guardian to community-based family support 22 services whenever community-based services are available and desired by the parent 23 or guardian; and 24 (3) document the department's actions that are taken under [(1) AND 25 (2) OF] this subsection; the documentation required under this paragraph must 26 include 27 (A) documentation about whether intensive family 28 preservation services were appropriate, offered, used, or available to the 29 family; and 30 (B) if intensive family preservation services were 31 appropriate or offered to the family, enumeration of the reasons specific
01 to the case explaining why intensive family preservation services were 02 appropriate or offered. 03 * Sec. 4. AS 47.10.086(b) is amended to read: 04 (b) If the court makes a finding at a hearing conducted under AS 47.10.080(l) 05 that a parent or guardian has not sufficiently remedied the parent's or guardian's 06 conduct or the conditions in the home despite reasonable efforts made by the 07 department in accordance with this section, the court may conclude that continuation 08 of reasonable efforts of the type described in (a) of this section are not in the best 09 interests of the child. The department shall then make reasonable efforts to place the 10 child in a timely manner in accordance with the permanent plan and to complete 11 whatever steps are necessary to finalize the permanent placement of the child. If the 12 court concludes that continuation of reasonable efforts of the type described in 13 (a) of this section are not in the best interests of the child and intensive family 14 preservation services were not provided in the case, the court shall enumerate in 15 the record the reasons the services were not provided. 16 * Sec. 5. AS 47.10.142(b) is amended to read: 17 (b) The department shall offer available counseling services and intensive 18 family preservation services to the person having legal custody of a minor described 19 in AS 47.10.141 and to the members of the minor's household if it determines that 20 counseling services or intensive family preservation services would be appropriate 21 in the situation. If, after assessing the situation, offering available [COUNSELING] 22 services to the legal custodian and the minor's household, and furnishing appropriate 23 social services to the minor, the department considers it necessary, the department 24 may take emergency custody of the minor. 25 * Sec. 6. AS 47.10 is amended by adding new sections to read: 26 Article 3A. Intensive Family Preservation Services. 27 Sec. 47.10.500. Statewide program. Subject to AS 47.10.510 and 47.10.520, 28 the department shall, within appropriations available for intensive family preservation 29 services, develop and implement intensive family preservation services systematically 30 and over time, with the ultimate goal of providing intensive family preservation 31 services on a statewide basis. The department may provide the services directly or
01 through contracts with private nonprofit providers. 02 Sec. 47.10.510. Standards for providers. The department shall develop 03 measurable standards that must be met by a provider before a contract may be 04 awarded to, or renewed with, the provider under AS 47.10.500. 05 Sec. 47.10.520. Eligibility for services. (a) The department may provide 06 intensive family preservation services to a child, the child's family, and other 07 appropriate nonfamily members only if 08 (1) there are no other available means that will prevent out-of-home 09 placement of the child or make it possible to immediately return the child to the child's 10 home; and 11 (2) the child has been placed in out-of-home care or is at actual, 12 imminent risk of out-of-home placement due to 13 (A) child abuse or neglect; 14 (B) a serious threat of substantial harm to the child's health, 15 safety, or welfare; or 16 (C) any other factor that could lead to out-of-home placement. 17 (b) The department need not provide services to an otherwise eligible family if 18 (1) services are not available in the community in which the family 19 resides; 20 (2) services cannot be provided because the program is filled to 21 capacity; 22 (3) the family refuses the services; 23 (4) the child's case plan does not include reunification of the child and 24 family; or 25 (5) the safety of a child, a family member, or a person providing the 26 services would be threatened. 27 Sec. 47.10 530. Solicitation of funding sources. The department shall solicit 28 federal and private resources that may be available to fund intensive family 29 preservation services. 30 Sec. 47.10.590. Definition. In AS 47.10.500 - 47.10.590, "intensive family 31 preservation services" and "services" mean intensive family preservation services, as
01 defined in AS 47.10.990. 02 * Sec. 7. AS 47.10.960 is amended to read: 03 Sec. 47.10.960. Civil liability [DUTY AND STANDARD OF CARE NOT 04 CREATED]. Failure by the department to comply with a provision of 05 [NOTHING IN] this chapter does not, by itself, constitute a basis for civil liability 06 for damages [TITLE CREATES A DUTY OR STANDARD OF CARE FOR 07 SERVICES] to children and their families being served under this chapter 08 [AS 47.10]. 09 * Sec. 8. AS 47.10.990 is amended by adding a new paragraph to read: 10 (28) "intensive family preservation services" means services provided 11 to a family with a child who is in an out-of-home placement or is at imminent risk of 12 out-of-home placement that 13 (A) are designed to address problems creating the need for out- 14 of-home placement by assisting the family to improve parental and household 15 management competence, solve day-to-day practical problems that contribute 16 to family stress, identify the factors that created the risk of out-of-home 17 placement, and participate in the development of the family's case plan so as to 18 improve parental performance and enhance functioning of the family unit; and 19 (B) have the following characteristics: 20 (i) are offered at the family's option; 21 (ii) are provided in the family's home; 22 (iii) are available 24 hours a day and seven days a 23 week; 24 (iv) are provided within 24 hours of initial contact for 25 assistance; 26 (v) are provided on a time-limited basis by a single case 27 worker whose caseload is congruent with intensive family preservation 28 services standards established by the Child Welfare League of 29 America; caseloads shall be kept low to allow for the necessary intense 30 level of interaction with the family, and the services shall be most 31 intensive at the time of crisis; and
01 (vi) may, in appropriate instances and subject to 02 available appropriations, include monetary assistance for special needs 03 of the family, such as to obtain food, shelter, or clothing or to purchase 04 other goods or services that will enhance the effectiveness of other 05 services offered to help preserve the family. 06 * Sec. 9. AS 47.17.030(d) is amended to read: 07 (d) Before the department or a local government health or social services 08 agency may seek the termination of parental rights under AS 47.10, it shall offer 09 protective social services and pursue all other reasonable means of protecting the 10 child. The department or agency shall also consider the eligibility of the child 11 and family for intensive family preservation services under AS 47.10.500 - 12 47.10.590. 13 * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 STUDY. (a) The Department of Health and Social Services shall conduct a study in 16 at least one region of the state in order to 17 (1) develop a valid and reliable process for accurately identifying clients who 18 are eligible for intensive family preservation services; 19 (2) collect data on which to base projections of service needs, budget requests, 20 and long-range planning related to intensive family preservation services; 21 (3) develop regional and statewide projections of needs for intensive family 22 preservation services; 23 (4) develop a cost estimate for implementation and expansion of intensive 24 family preservation services on a statewide basis; 25 (5) develop a long-range plan and time frame for ultimately making intensive 26 family preservation services available to all eligible families; and 27 (6) collect data regarding the number of children in foster care, group care, 28 institutional care, and other out-of-home care due to medical needs, mental health needs, 29 developmental disabilities, and juvenile offenses and to assess the feasibility of expanding 30 intensive family preservation services eligibility to include all of these children. 31 (b) By November 30, 2004, the Department of Health and Social Services shall
01 submit a report to the governor describing the study required under this section and including 02 the department's conclusions and recommendations that are based on the study. The 03 department shall notify the legislature that the report is available. 04 (c) In this section, "intensive family preservation services" has the meaning given in 05 AS 47.10.990. 06 * Sec. 11. Sections 1 and 2 of this Act take effect immediately under AS 01.10.070(c). 07 * Sec. 12. Sections 3 - 6 and 9 of this Act take effect July 1, 2003. 08 * Sec. 13. Sections 8 and 10 of this Act take effect July 1, 2002.