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SSHB 53: "An Act relating to child-in-need-of-aid proceedings; amending the construction of statutes pertaining to children in need of aid; relating to a duty and standard of care for services to children and families, to the confidentiality of investigations, court hearings, and public agency records and information in child-in-need-of-aid matters and certain child protection matters, to immunity regarding disclosure of information in child-in-need-of-aid matters and certain child protection matters, to the retention of certain privileges of a parent in a relinquishment and termination of a parent and child relationship proceeding, to eligibility for permanent fund dividends for certain children in the custody of the state, and to juvenile delinquency proceedings and placements; establishing a right to a trial by jury in termination of parental rights proceedings; reestablishing and relating to state citizens' review panels for certain child protection and custody matters; amending the duty to disclose information pertaining to a child in need of aid; authorizing additional family members to consent to disclosure of confidential or privileged information about children and families involved with children's services within the Department of Health and Social Services to officials for review or use in official capacities; relating to reports of harm and to adoptions and foster care; mandating reporting of the medication of children in state custody; prescribing the rights of grandparents related to child-in-need-of-aid cases and establishing a grandparent priority for adoption in certain child-in-need-of-aid cases; modifying adoption and placement procedures in certain child-in-need-of-aid cases; amending treatment service requirements for parents involved in child-in-need-of-aid proceedings; amending Rules 9 and 13, Alaska Adoption Rules; amending Rules 3, 18, and 22, Alaska Child in Need of Aid Rules of Procedure; and providing for an effective date."

00                  SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 53                                                               
01 "An Act relating to child-in-need-of-aid proceedings; amending the construction of                                      
02 statutes pertaining to children in need of aid; relating to a duty and standard of care for                             
03 services to children and families, to the confidentiality of investigations, court hearings,                            
04 and public agency records and information in child-in-need-of-aid matters and certain                                   
05 child protection matters, to immunity regarding disclosure of information in child-in-                                  
06 need-of-aid matters and certain child protection matters, to the retention of certain                                   
07 privileges of a parent in a relinquishment and termination of a parent and child                                        
08 relationship proceeding, to eligibility for permanent fund dividends for certain children                               
09 in the custody of the state, and to juvenile delinquency proceedings and placements;                                    
10 establishing a right to a trial by jury in termination of parental rights proceedings;                                  
11 reestablishing and relating to state citizens' review panels for certain child protection                               
12 and custody matters; amending the duty to disclose information pertaining to a child in                                 
01 need of aid; authorizing additional family members to consent to disclosure of                                          
02 confidential or privileged information about children and families involved with                                        
03 children's services within the Department of Health and Social Services to officials for                                
04 review or use in official capacities; relating to reports of harm and to adoptions and                                  
05 foster care; mandating reporting of the medication of children in state custody;                                        
06 prescribing the rights of grandparents related to child-in-need-of-aid cases and                                        
07 establishing a grandparent priority for adoption in certain child-in-need-of-aid cases;                                 
08 modifying adoption and placement procedures in certain child-in-need-of-aid cases;                                      
09 amending treatment service requirements for parents involved in child-in-need-of-aid                                    
10 proceedings; amending Rules 9 and 13, Alaska Adoption Rules; amending Rules 3, 18,                                      
11 and 22, Alaska Child in Need of Aid Rules of Procedure; and providing for an effective                                  
12 date."                                                                                                                  
13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
14    * Section 1.  AS 25.23 is amended by adding a new section to read:                                                 
15            Sec. 25.23.127.  Grandparent's preference to adopt.  Notwithstanding a                                     
16       child's stated preference under AS 25.23.125 and 25.23.040(a)(5), a grandparent who                               
17       has had physical custody of a child for at least two consecutive years when the                                   
18       parental rights to the child have been terminated under AS 47.10.080(c)(3), shall be                              
19       permitted to adopt the child before any other person upon the filing of a petition by the                         
20       grandparent under AS 25.23.080 unless the court finds that the grandparent is not fit to                          
21       raise the child.                                                                                                  
22    * Sec. 2.  AS 25.23.180 is amended by adding a new subsection to read:                                             
23            (j)  In a relinquishment of parental rights executed under (a) of this section, a                            
24       parent may retain privileges with respect to the child, including the ability to have                             
25       future contact, communication, and visitation with the child.  A retained privilege                               
26       must be stated with specificity in writing, and, if a termination order is entered                                
27       following the relinquishment, the court shall incorporate a retained privilege into the                           
01       termination order.  A relinquishment may not be withdrawn or invalidated, and a                                   
02       termination order may not be vacated, on the grounds that a retained privilege has                                
03       been withheld from the relinquishing parent or that the relinquishing parent has been                             
04       unable, for any reason, to act upon a retained privilege.                                                         
05    * Sec. 3.  AS 43.23.005(f) is amended to read:                                                                     
06            (f)  The [IN A TIME OF NATIONAL MILITARY EMERGENCY, THE]                                                 
07       commissioner may waive the requirement of (a)(4) of this section for an individual                                
08       absent from the state                                                                                             
09                 (1)  in a time of national military emergency under military orders                                 
10       while serving in the armed forces of the United States, or for the spouse and                                     
11       dependents of that individual; or                                                                             
12                 (2)  while in the custody of the Department of Health and Social                                    
13       Services in accordance with a court order under AS 47.10 or AS 47.12 and placed                               
14       outside of the state by the Department of Health and Social Services for purposes                             
15       of medical or behavioral treatment.                                                                           
16    * Sec. 4.  AS 47.10.005 is amended to read:                                                                        
17            Sec. 47.10.005.  Construction.  The provisions of this chapter shall be                                    
18       liberally construed to                                                                                            
19                 (1)  achieve the end that a child coming within the jurisdiction of the                             
20       court under this chapter may receive the care, guidance, treatment, and control that                              
21       will promote the child's welfare;                                                                             
22                 (2)  recognize that a parent possesses inherent individual rights to                                
23       direct and control the education and upbringing of the parent's child;                                        
24                 (3)  promote and protect the safety, welfare, health, and good of                                   
25       children, grandparents, and relatives living in the state;                                                    
26                 (4)  benefit future generations;                                                                    
27                 (5)  bring fairness and equality to biological family members and                                   
28       children in the state; and                                                                                    
29                 (6)  recognize that a parent is held to a standard of care and that                                 
30       the state must be held to the same standard.                                                                  
31    * Sec. 5.  AS 47.10.020(a) is amended to read:                                                                     
01            (a)  Whenever circumstances subject a child to the jurisdiction of the court                                 
02       under AS 47.10.005 - 47.10.142, the court shall appoint a competent person or agency                              
03       to make a preliminary inquiry and report for the information of the court to determine                            
04       whether the best interests of the child require that further action be taken.  The court                      
05       shall make the appointment on its own motion or at the request of a person or                                 
06       agency having knowledge of the child's circumstances.  If, under this subsection,                             
07       the court appoints a person or agency to make a preliminary inquiry and to report to it,                          
08       or if the department is conducting an investigation of a report of child abuse or                             
09       neglect, the court may issue any orders necessary to aid the person, the agency,                              
10       or the department in its investigation or in making the preliminary inquiry and                               
11       report.  Upon [THEN, UPON THE] receipt of the report under this subsection, the                           
12       court may                                                                                                         
13                 (1)  close the matter without a court hearing;                                                          
14                 (2)  determine whether the best interests of the child require that further                             
15       action be taken; or                                                                                               
16                 (3)  authorize the person or agency having knowledge of the facts of the                                
17       case to file with the court a petition setting out the facts.                                                     
18    * Sec. 6.  AS 47.10.020 is amended by adding a new subsection to read:                                             
19            (e)  Nothing in this section requires the department to obtain authorization                                 
20       from the court before                                                                                             
21                 (1)  conducting an investigation of a report of child abuse or neglect; or                              
22                 (2)  filing a petition.                                                                                 
23    * Sec. 7.  AS 47.10 is amended by adding a new section to read:                                                    
24            Sec. 47.10.025.  Biological grandparent's rights.  (a)  A biological                                     
25       grandparent of a child who has been adjudicated a child in need of aid under this                                 
26       chapter may initiate special proceedings by filing a petition to obtain custody of the                            
27       child if                                                                                                          
28                 (1)  one or both of the child's parents are dead; and                                                   
29                 (2)  the child has been abandoned by a remaining parent.                                                
30            (b)  In a proceeding initiated under (a) of this section, the court shall presume                            
31       that awarding custody to a biological grandparent is in the best interest of the child.  A                        
01       presumption under this subsection may be overcome by evidence of abuse, neglect, or                               
02       other harm to the child attributable to the biological grandparent.                                               
03            (c)  The department shall attempt to locate all living biological grandparents of                            
04       a child and to investigate the biological grandparent's ability to care for the child                             
05       before placing the child or approving an adoption of the child under this chapter.  The                           
06       department shall provide written notice to all identified biological grandparents of                              
07       their rights under this chapter and of the procedures necessary to gain custody of the                            
08       child.  The biological grandparents shall sign a receipt of the notice and, if the                                
09       biological grandparent is competent, state that the biological grandparent understands                            
10       the biological grandparent's right to initiate proceedings to gain custody of the child                           
11       and either intends or declines to proceed.                                                                        
12    * Sec. 8.  AS 47.10 is amended by adding a new section to read:                                                    
13            Sec. 47.10.065.  Right to demand jury trial in certain cases.  A party has the                             
14       right to demand a jury trial for a hearing under this chapter on a petition to terminate                          
15       parental rights.  If a hearing to adjudicate whether a child is a child in need of aid                            
16       under AS 47.10.011 is consolidated with a hearing on a petition to terminate parental                             
17       rights, the right to a jury trial under this section applies only to the issue of whether                         
18       parental rights should be terminated after the court enters a finding under                                       
19       AS 47.10.080(a).  In this section, "party" has the meaning given in Rule 2, Alaska                                
20       Child in Need of Aid Rules of Procedure.                                                                          
21    * Sec. 9.  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 the                       
25       department.  The department shall send notice of the hearing to the persons for whom                              
26       notice is required under AS 47.10.030(b) and to each grandparent of the child entitled                            
27       to notice under AS 47.10.030(d).  The department and the persons to whom the                                      
28       department must send notice of the hearing are entitled to be heard at the hearing.                               
29       Except as provided in (c) of this section, and unless prohibited by federal or state                          
30       law, court order, or court rule, a hearing is open to the public  [HOWEVER, THE                               
31       COURT MAY LIMIT THE PRESENCE OF THE FOSTER PARENT OR OTHER                                                        
01       OUT-OF-HOME CARE PROVIDER AND OF ANY GRANDPARENT OF THE                                                           
02       CHILD TO THE TIME DURING WHICH THE PERSON'S TESTIMONY IS BEING                                                    
03       GIVEN IF IT IS (1) IN THE BEST INTEREST OF THE CHILD; OR (2)                                                      
04       NECESSARY TO PROTECT THE PRIVACY INTERESTS OF THE PARTIES                                                         
05       AND WILL NOT BE DETRIMENTAL TO THE CHILD.  THE PUBLIC SHALL BE                                                    
06       EXCLUDED FROM THE HEARING, BUT THE COURT, IN ITS DISCRETION,                                                      
07       MAY PERMIT INDIVIDUALS TO ATTEND A HEARING IF THEIR                                                               
08       ATTENDANCE IS COMPATIBLE WITH THE BEST INTERESTS OF THE                                                           
09       CHILD].                                                                                                           
10    * Sec. 10.  AS 47.10.070 is amended by adding new subsections to read:                                             
11            (c)  Except as provided in (e) of this section, the following hearings in child-in-                          
12       need-of-aid cases are closed to the public:                                                                       
13                 (1)  the initial court hearing after the filing of a petition to commence                               
14       the child-in-need-of-aid case;                                                                                    
15                 (2)  a hearing following the initial hearing in which a parent, child, or                               
16       other party to the case is present but has not had an opportunity to obtain legal                                 
17       representation;                                                                                                   
18                 (3)  a hearing, or a part of a hearing, for which the court issues a written                            
19       order finding that allowing the hearing, or part of the hearing, to be open to the public                         
20       would reasonably be expected to                                                                                   
21                      (A)  stigmatize or be emotionally damaging to a child;                                             
22                      (B)  inhibit a child's testimony in that hearing;                                                  
23                      (C)  disclose matters otherwise required to be kept confidential                                   
24            by state or federal statute or regulation, court order, or court rule; or                                    
25                      (D)  interfere with a criminal investigation or proceeding or a                                    
26            criminal defendant's right to a fair trial in a criminal proceeding; before ruling                           
27            on a request under this subparagraph, the court shall give notice and an                                     
28            opportunity to be heard to the state or a municipal agency that is assigned to                               
29            the criminal investigation or to the prosecuting attorney.                                                   
30            (d)  If a hearing, or part of a hearing, in a child-in-need-of-aid case is not                               
31       closed under (c) of this section, the court shall hear in camera any information offered                          
01       regarding the location, or readily leading to the location, of a parent, child, or other                          
02       party to the case who is a victim of domestic violence.  Access to testimony heard in                             
03       camera under this subsection is limited to the court and authorized court personnel.                              
04            (e)  The grandparents of the child and the foster parents or other out-of-home                               
05       care provider may attend hearings that are otherwise closed to the public under (c) of                            
06       this section.  However, the court shall limit the presence of these persons in a hearing                          
07       closed to the public to the time during which the person's testimony is being given if                            
08       the court determines that the limitation is necessary under (c)(3) of this section.  In this                      
09       subsection, "out-of-home care provider" means an agency or person, other than the                                 
10       child's legal parents, with whom a child who is in the custody of the state under                                 
11       AS 47.10.080(c)(1) or (3), 47.10.142, or AS 47.14.100(c) is currently placed; "agency                             
12       or person" includes a foster parent, a relative other than a parent, a person who has                             
13       petitioned for adoption of the child, and a residential child care facility.                                      
14            (f)  Notwithstanding any other provision of this chapter, a person attending a                               
15       hearing open to the public may not disclose a name, picture, or other information that                            
16       would readily lead to the identification of a child who is the subject of the child-in-                           
17       need-of-aid case.  At the beginning of the hearing, the court shall issue an order                                
18       specifying the restrictions necessary to comply with this subsection.  If a person                                
19       violates the order, the court may impose any appropriate sanction, including contempt                             
20       and closure of any further hearings in the case to the person.                                                    
21            (g)  Nothing contained in this section limits the rights of grandparents under                               
22       this title.                                                                                                       
23    * Sec. 11.  AS 47.10.080(c) is amended to read:                                                                    
24            (c)  If the court finds that the child is a child in need of aid, the court shall                            
25                 (1)  order the child committed to the department for placement in an                                    
26       appropriate setting for a period of time not to exceed two years or in any event not to                       
27       extend past the date the child becomes 19 years of age, except that the department or                         
28       the child's guardian ad litem may petition for and the court may grant in a hearing                               
29                      (A)  one-year extensions of commitment that do not extend                                          
30            beyond the child's 19th birthday if the extension is in the best interests of the                            
31            child; and                                                                                                   
01                      (B)  an additional one-year period of state custody past [AGE]                                     
02            19 years of age if the continued state custody is in the best interests of the                           
03            person and the person consents to it;                                                                        
04                 (2)  order the child released to a parent, relative, or guardian of the                                 
05       child or to another suitable person, and, in appropriate cases, order the parent, relative,                       
06       guardian, or other person to provide medical or other care and treatment; if the court                            
07       releases the child, it shall direct the department to supervise the care and treatment                            
08       given to the child, but the court may dispense with the department's supervision if the                           
09       court finds that the adult to whom the child is released will adequately care for the                             
10       child without supervision; the department's supervision may not exceed two years or                               
11       in any event extend past the date the child reaches [AGE] 19 years of age, except that                        
12       the department or the child's guardian ad litem may petition for and the court may                                
13       grant in a hearing                                                                                                
14                      (A)  one-year extensions of supervision that do not extend                                         
15            beyond the child's 19th birthday if the extensions are in the best interests of the                          
16            child; and                                                                                                   
17                      (B)  an additional one-year period of supervision past age 19 if                                   
18            the continued supervision is in the best interests of the person and the person                              
19            consents to it; or                                                                                           
20                 (3)  unless a jury trial has been requested by a party, order, under                                
21       the grounds specified in (o) of this section or AS 47.10.088, the termination of                                  
22       parental rights and responsibilities of one or both parents and commit the child to the                           
23       custody of the department, and the department shall report quarterly to the court on                              
24       efforts being made to find a permanent placement for the child; if a jury trial has                           
25       been requested by a party, the court shall conduct a jury trial on the termination                            
26       of parental rights  under this section.                                                                       
27    * Sec. 12.  AS 47.10.080(p) is amended to read:                                                                  
28            (p)  If a child is removed from the parental home, the department shall provide                              
29       reasonable visitation between the child and the child's parents, guardian, and family.                            
30       When determining what constitutes reasonable visitation with a family member, the                                 
31       department shall consider the nature and quality of the relationship that existed                                 
01       between the child and the family member before the child was committed to the                                     
02       custody of the department.  The court may require the department to file a visitation                             
03       plan with the court.  The department may deny visitation to the parents, guardian, or                             
04       family members if there is clear and convincing evidence that visits are not in the                               
05       child's best interests.  If the department denies visitation to a parent or family                            
06       member of a child, the department shall inform the parent or family member of a                               
07       reason for the denial and of the parent's or family member's right to request a                               
08       review hearing.  A parent, family member, or guardian who is denied visitation may                        
09       request a review hearing.                                                                                         
10    * Sec. 13.  AS 47.10.080 is amended by adding new subsections to read:                                             
11            (t)  The court or a jury, if a jury trial is requested, may not terminate parental                           
12       rights solely on the basis that the parent did not complete treatment required of the                             
13       parent by the department for reunification with the child if the parent can show, by a                            
14       preponderance of the evidence, that the treatment required was unavailable to the                                 
15       parent and the department did not provide the treatment.                                                          
16            (u)  A child may not be placed in a foster home known to the department as a                                 
17       home requesting adoption of a child before                                                                        
18                 (1)  30 days after the date of the first permanency hearing;                                            
19                 (2)  the decision of the department is made to seek termination of                                      
20       parental rights; and                                                                                              
21                 (3)  the court approves of the placement after a hearing.                                               
22            (v)  Within 60 days after the date a child is removed from the child's home by                               
23       the department, the department shall notify the appropriate citizen review panel                                  
24       established under AS 47.14.205.                                                                                   
25            (w)  Within 60 days after a court orders a child committed to the department                                 
26       under (c) of this section and at a review under (f) or (l) of this section, the department                        
27       shall inform the parties about the citizen review panels established under                                        
28       AS 47.14.205.                                                                                                     
29            (x)  A hearing conducted under this section is open to the public unless an                                  
30       exception provided in AS 47.10.070(c) applies to make the hearing closed to the                                   
31       public or unless prohibited by federal or state statute or regulation.                                            
01    * Sec. 14.  AS 47.10.088(i) is amended to read:                                                                    
02            (i)  The department shall concurrently identify, recruit, process, and approve a                             
03       qualified person or family for an adoption whenever a petition to terminate a parent's                            
04       rights to a child is filed.  The department may not approve an adoption by a                                  
05       person or family who is not related to the child by blood if a relative of the child                          
06       requests that the department approve the relative for the adoption unless the                                 
07       adoption by the child's relative is not in the child's best interest, is prohibited                           
08       under (l) of this section, or is otherwise contrary to federal or state law.  If the                          
09       court issues an order to terminate under (j) of this section, the department shall report                         
10       within 30 days on the efforts being made to recruit a permanent placement for the                                 
11       child if a permanent placement was not approved at the time of the trial under (j) of                             
12       this section.  The report must document recruitment efforts made for the child.                                   
13    * Sec. 15.  AS 47.10.088 is amended by adding new subsections to read:                                             
14            (l)  The department may not approve an adoption by a person related to the                                   
15       child by blood if the department                                                                                  
16                 (1)  makes a determination, supported by clear and convincing                                           
17       evidence, that adoption of the child by the relative will result in physical or mental                            
18       injury to the child; in making that determination, poverty, including inadequate or                               
19       crowded housing, on the part of the person related to the child by blood is not                                   
20       considered prima facie evidence that physical or mental injury to the child will occur;                           
21                 (2)  determines that a member of the relative's household who is 12                                     
22       years of age or older was the perpetrator in a substantiated report of abuse under                                
23       AS 47.17; or                                                                                                      
24                 (3)  determines that a member of the relative's household who is 12                                     
25       years of age or older is under arrest for, is charged with, has been convicted of, or has                         
26       been found not guilty by reason of insanity of, a serious offense; notwithstanding this                           
27       paragraph, the department may approve an adoption by the relative if the relative                                 
28       demonstrates to the satisfaction of the department that conduct described in this                                 
29       paragraph occurred at least five years before the intended adoption and the conduct                               
30                      (A)  did not involve a victim who was under 18 years of age at                                     
31            the time of the conduct;                                                                                     
01                      (B)  was not a crime of domestic violence as defined in                                            
02            AS 18.66.990; and                                                                                            
03                      (C)  was not a violent crime under AS 11.41.100 - 11.41.455 or                                     
04            a law or ordinance of another jurisdiction having similar elements.                                          
05            (m)  For the purpose of determining whether the home of a relative meets the                                 
06       requirements for adoption of the child, the department shall conduct a criminal                                   
07       background check from state and national criminal justice information available under                             
08       AS 12.62.  The department may conduct a fingerprint background check on any                                       
09       member of the relative's household who is 12 years of age or older when the relative                              
10       requests adoption of the child.  For the purposes of obtaining criminal justice                                   
11       information under this subsection, the department is a criminal justice agency                                    
12       conducting a criminal justice activity under AS 12.62.                                                            
13            (n)  A person related to a child by blood who is denied a request for an                                     
14       adoption under (i) of this section may request a review hearing by the court.  If the                             
15       department denies a request by a person related to a child by blood to adopt a child                              
16       under (i) of this section, the department shall inform the relative of the reason for the                         
17       denial and of the relative's right to request a review hearing.                                                   
18            (o)  A trial or hearing conducted under this section is open to the public unless                            
19       an exception provided in AS 47.10.070(c) applies to make the trial or hearing closed                              
20       to the public.                                                                                                    
21    * Sec. 16.  AS 47.10 is amended by adding a new section to read:                                                   
22            Sec. 47.10.089.  Report of prescription drugs.  (a)  When a child is in the                                
23       custody of the department under AS 47.10.084 and the child is prescribed a                                        
24       psychotropic or other mental health medication, the department shall prepare a report.                            
25       The report must include the                                                                                       
26                 (1)  child's name and date of birth;                                                                    
27                 (2)  name and dosage of the medication;                                                                 
28                 (3)  condition or diagnosis for which the medication is prescribed;                                     
29                 (4)  name of the prescribing physician;                                                                 
30                 (5)  assessment of the child's caseworker pertaining to the child's                                     
31       response to the medication; and                                                                                   
01                 (6)  assessment of the child's caregiver pertaining to the child's                                      
02       response to the medication, if available.                                                                         
03            (b)  A report prepared under (a) of this section shall be distributed to the                                 
04       statewide supervisor of the caseworker of the child, the parent or guardian of the child,                         
05       and, to the extent allowed under applicable federal and state law, the intervening tribal                         
06       or tribal custodian for the child.                                                                                
07            (c)  A summary of the reports prepared under (a) of this section, excluding                                  
08       identifying information of a child, shall be distributed to members of the Senate and                             
09       House Health and Social Service Committees by March 1 of each year.                                               
10            (d)  In this section, "caregiver" includes a parent, grandparent, foster parent,                             
11       relative, teacher, or child care provider.                                                                        
12    * Sec. 17.  AS 47.10.090(c) is amended to read:                                                                    
13            (c)  Within 30 days after [OF] the date of a child's [MINOR'S] 18th birthday                         
14       or, if the court retains jurisdiction of a child [MINOR] past the child's [MINOR'S]                       
15       18th birthday, within 30 days after [OF] the date on which the court releases                                 
16       jurisdiction over the child [MINOR], the court shall order all the court's official                           
17       records pertaining to that child [MINOR] in a proceeding under this chapter sealed.  A                        
18       person may not use these sealed records unless authorized by order of [FOR ANY                                
19       PURPOSE EXCEPT THAT] the court upon a finding of [MAY ORDER THEIR                                             
20       USE FOR] good cause [SHOWN].                                                                                      
21    * Sec. 18.  AS 47.10.090(d) is amended to read:                                                                    
22            (d)  Except as provided in AS 47.10.070, 47.10.080(x), and 47.10.093, the                                
23       [THE] name or picture of a child [MINOR] under the jurisdiction of the court may not                          
24       be made public in connection with the child's [MINOR'S] status as a child in need of                          
25       aid unless authorized by order of the court or unless to implement the permanency                             
26       plan for a child after all parental rights of custody have been terminated.  This                             
27       subsection does not prohibit the release of aggregate information for statistical or                          
28       other informational purposes if the identity of any particular person is not                                  
29       revealed by the release.                                                                                      
30    * Sec. 19.  AS 47.10.092(a) is amended to read:                                                                    
31            (a)  Notwithstanding AS 47.10.090 and 47.10.093, an adult family member                                  
01       [A PARENT] or legal guardian of a child subject to a proceeding under AS 47.10.005                                
02       - 47.10.142 may disclose confidential or privileged information about the child or the                            
03       child's family, including information that has been lawfully obtained from agency or                              
04       court files, to the governor, the lieutenant governor, a legislator, the ombudsman                                
05       appointed under AS 24.55, the attorney general, and the commissioner                                          
06       [COMMISSIONERS] of health and social services, administration, or public safety, or                               
07       an employee of these persons, for review or use in their official capacities.  The                                
08       department shall disclose additional confidential or privileged information and make                              
09       copies of documents available for inspection about the child or the child's family to                             
10       these state officials or employees for review or use in their official capacities upon                            
11       request of the official or employee and submission of satisfactory evidence that an                           
12       adult family member [A PARENT] or legal guardian of the child has requested the                               
13       state official's assistance in the case as part of the official's duties.  A person to whom                       
14       disclosure is made under this section may not disclose confidential or privileged                                 
15       information about the child or the child's family to a person not authorized to receive                           
16       it.                                                                                                               
17    * Sec. 20.  AS 47.10.092 is amended by adding new subsections to read:                                             
18            (d)  The duty imposed on the department under (a) of this section to disclose                                
19       information to and make copies of documents available for inspection by state                                     
20       officials and employees upon proof that a parent has requested the assistance of the                              
21       state official or employee with respect to a child's case does not lapse when the                                 
22       parent's parental rights have been terminated with respect to the child.  However, the                            
23       duty does lapse after termination of the parent's parental rights if another parent or                            
24       legal guardian of the child subsequently files a notice with the department that the                              
25       assistance of the state official or employee is no longer requested.                                              
26            (e)  If, in response to a requirement of federal law or a request made by an                                 
27       official identified in (a) of this section, the department initiates an internal review or                        
28       evaluation of its activities under this chapter, notwithstanding AS 47.10.090 and                                 
29       47.10.093, the department shall either provide a copy of a report resulting from that                             
30       internal review or evaluation to the official or prepare a report of that internal review                         
31       and evaluation when requested to do so by an official identified in (a) of this section.                          
01       The report must contain a summary of the complaint, the review or evaluation process                              
02       used, and the outcome of the review or evaluation, including any recommendations                                  
03       made as a result of the review.  Before being disclosed, the department shall modify a                            
04       report prepared or produced under this subsection to exclude all personal identifying                             
05       information of a child, the child's family, and witnesses.                                                        
06            (f)  In this section, "adult family member" means a person who is 18 years of                                
07       age or older and who is related to the child as the child's biological or adoptive parent,                        
08       grandparent, aunt, uncle, or sibling.                                                                             
09    * Sec. 21.  AS 47.10.093(a) is amended to read:                                                                    
10            (a)  Except as specified in AS 47.10.092 and in (b) - (g) and (k) - (n) [(b) -                           
11       (g)] of this section, all information and social records pertaining to a child [MINOR]                        
12       who is subject to this chapter or AS 47.17 prepared by or in the possession of a                                  
13       federal, state, or municipal agency or employee in the discharge of the agency's or                               
14       employee's official duty are privileged and may not be disclosed directly or indirectly                           
15       to anyone without a court order.                                                                                  
16    * Sec. 22.  AS 47.10.093(b) is amended to read:                                                                    
17            (b)  A state or municipal agency or employee shall disclose appropriate                                      
18       confidential information regarding a case to                                                                  
19                 (1)  a guardian ad litem appointed by the court;                                                        
20                 (2)  a person or an agency requested by the department or the child's                                   
21       legal custodian to provide consultation or services for a child who is subject to the                             
22       jurisdiction of the court under AS 47.10.010 as necessary to enable the provision of                              
23       the consultation or services;                                                                                     
24                 (3)  a foster parent [PARENTS] or relative [RELATIVES] with                                 
25       whom the child is placed by the department as [MAY BE] necessary to enable the                                    
26       foster parent [PARENTS] or relative [RELATIVES] to provide appropriate care to                        
27       [FOR] the child [WHO IS THE SUBJECT OF THE CASE], to protect the safety of                                        
28       the child [WHO IS THE SUBJECT OF THE CASE], and to protect the safety and                                         
29       property of family members and visitors of the foster parent [PARENTS] or relative                        
30       [RELATIVES];                                                                                                      
31                 (4)  a school official [OFFICIALS] as [MAY BE] necessary to enable                              
01       the school to provide appropriate counseling and support services to a [THE] child                            
02       who is the subject of the case, to protect the safety of the child [WHO IS THE                                    
03       SUBJECT OF THE CASE], and to protect the safety of school students and staff;                                     
04                 (5)  a governmental agency as [MAY BE] necessary to obtain that                                         
05       agency's assistance for the department in its investigation or to obtain physical custody                         
06       of a child;                                                                                                       
07                 (6)  a law enforcement agency of this state or another jurisdiction as                                  
08       [MAY BE] necessary for the protection of any child or for actions by that agency to                               
09       protect the public safety;                                                                                        
10                 (7)  a member [MEMBERS] of a multidisciplinary child protection                                     
11       team created under AS 47.14.300 as [MAY BE] necessary for the performance of the                              
12       member's [THEIR] duties;                                                                                      
13                 (8)  the state medical examiner under AS 12.65 as [MAY BE]                                              
14       necessary for the performance of the duties of the state medical examiner;                                        
15                 (9)  a person who has made a report of harm as required by                                              
16       AS 47.17.020 to inform the person that the investigation was completed and of action                              
17       taken to protect the child who was the subject of the report; [AND]                                               
18                 (10)  the child support services agency established in AS 25.27.010 as                                  
19       [MAY BE] necessary to establish and collect child support for a child who is a child in                           
20       need of aid under this chapter;                                                                               
21                 (11)  a caregiver of a child or an entity responsible for ensuring the                              
22       safety of children as necessary to protect the safety of a child; and                                         
23                 (12)  a review panel established by the department for the purpose                                  
24       of reviewing the actions taken by the department in a specific case.                                          
25    * Sec. 23.  AS 47.10.093(c) is repealed and reenacted to read:                                                     
26            (c)  A state or municipal law enforcement agency shall disclose information                                  
27       regarding a case that is needed by the person or agency charged with making a                                     
28       preliminary investigation for the information of the court under AS 47.10.020.                                    
29    * Sec. 24.  AS 47.10.093(f) is amended to read:                                                                    
30            (f)  The department may release to a person with a legitimate interest                                       
31       confidential information relating to children [MINORS] not subject to the                                 
01       jurisdiction of the court under AS 47.10.010. [THE DEPARTMENT SHALL ADOPT                                         
02       REGULATIONS GOVERNING THE RELEASE OF INFORMATION AND                                                              
03       IDENTIFYING A SUFFICIENT LEGITIMATE INTEREST.]                                                                    
04    * Sec. 25.  AS 47.10.093(g) is amended to read:                                                                    
05            (g)  The department and affected law enforcement agencies shall work with                                    
06       school districts and private schools to develop procedures for the disclosure of                                  
07       confidential information to a school official [OFFICIALS] under (b)(4) of this                        
08       section.  The procedures must provide a method for informing the principal or the                                 
09       principal's designee of the school that the student attends as soon as it is reasonably                       
10       practicable.                                                                                                      
11    * Sec. 26.  AS 47.10.093 is amended by adding new subsections to read:                                             
12            (k)  The department may disclose to the public, upon request, confidential                                   
13       information, as set out in (l) of this section, when                                                              
14                 (1)  the parent or guardian of a child who is the subject of a report of                                
15       harm under AS 47.17 has made a public disclosure concerning the department's                                      
16       involvement with the family;                                                                                      
17                 (2)  the alleged perpetrator named in a report of harm under AS 47.17                                   
18       has been charged with a crime concerning the alleged abuse or neglect; or                                         
19                 (3)  a report of harm under AS 47.17 has resulted in the fatality or near                               
20       fatality of that child.                                                                                           
21            (l)  The type of information that may be publicly disclosed under (k) of this                                
22       section is information related to the determination, if any, made by the department                               
23       regarding the validity of a report of harm under AS 47.17 and the department's                                    
24       activities arising from the department's investigation of the report.  The department                             
25                 (1)  may withhold disclosure of the child's name, picture, or other                                     
26       information that would readily lead to the identification of the child if the department                          
27       determines that the disclosure would be contrary to the best interests of the child, the                          
28       child's siblings, or other children in the child's household; or                                                  
29                 (2)  after consultation with a prosecuting attorney, may withhold                                       
30       disclosure of information that would reasonably be expected to interfere with a                                   
31       criminal investigation or proceeding or a criminal defendant's right to a fair trial in a                         
01       criminal proceeding.                                                                                              
02            (m)  Except for a disclosure made under (k) of this section, a person to whom                                
03       disclosure is made under this section may not disclose confidential information about                             
04       the child or the child's family to a person not authorized to receive it.                                         
05            (n)  The department may adopt regulations to implement and interpret its                                     
06       duties under this section, including regulations governing the release of confidential                            
07       information and identifying a sufficient legitimate interest under (f) of this section.                           
08    * Sec. 27.  AS 47.10 is amended by adding a new section to read:                                                   
09            Sec. 47.10.094.  Immunity from liability.  A person may not bring an action                                
10       for damages against the state, a municipality, or state or municipal agencies, officers,                          
11       employees, or agents based on the disclosure or nondisclosure of information in                                   
12       accordance with this chapter.                                                                                     
13    * Sec. 28.  AS 47.10.142 is amended by adding a new subsection to read:                                            
14            (i)  Within 60 days after a court orders a child committed to the department                                 
15       under this section, the department shall inform the parties about the citizen review                              
16       panel established under AS 47.14.205.                                                                             
17    * Sec. 29.  AS 47.10 is amended by adding a new section to read:                                                   
18            Sec. 47.10.145.  Expert witness testimony regarding absent parent,                                         
19       guardian, or custodian.  If the court finds by clear and convincing evidence that a                             
20       parent, guardian, or custodian of a child cannot be located after a reasonable search for                         
21       the parent, guardian, or custodian has been conducted by the department, the court                                
22       may conclude that the testimony of a qualified expert witness would support a finding                             
23       that continued custody of the child by the absent parent, guardian, or custodian is                               
24       likely to result in serious emotional or physical damage to the child.                                            
25    * Sec. 30.  AS 47.10.960 is amended to read:                                                                       
26            Sec. 47.10.960.  Duty and standard of care [NOT] created.  The                                           
27       department shall adopt regulations establishing [NOTHING IN THIS TITLE                                        
28       CREATES] a duty and [OR] standard of care for services to children and their                                  
29       families being served under this chapter [AS 47.10].  The regulations must be                             
30       consistent in all relevant respects with the code of professional ethics and the                              
31       standards of practice for social workers adopted by the Board of Social Work                                  
01       Examiners under AS 08.95.                                                                                     
02    * Sec. 31.  AS 47.10.990(16) is amended to read:                                                                   
03                 (16)  "mental health professional" has the meaning given in                                             
04       AS 47.30.915, except that, if the child is placed in another state by the                                     
05       department, "mental health professional" also includes a professional listed in                               
06       the definition of "mental health professional" in AS 47.30.915 who is not licensed                            
07       to practice by a board of this state but is licensed by a corresponding licensing                             
08       authority to practice in the state in which the child is placed;                                              
09    * Sec. 32.  AS 47.10.990 is amended by adding a new paragraph to read:                                             
10                 (28)  "near fatality" means physical injury or other harm, as certified by                              
11       a physician, caused by an act or omission that created a substantial risk of death.                               
12    * Sec. 33.  AS 47.12.990(10) is amended to read:                                                                   
13                 (10)  "mental health professional" has the meaning given in                                             
14       AS 47.30.915, except that, if the minor is placed in another state by the                                     
15       department, "mental health professional" also includes a professional listed in                               
16       the definition of "mental health professional" in  AS 47.30.915 who is not licensed                           
17       to practice by a board of this state but is licensed by a corresponding licensing                             
18       authority to practice in the state in which the minor is placed;                                              
19    * Sec. 34.  AS 47.14.100(e) is amended to read:                                                                    
20            (e)  A child may not be placed in a foster home or in the care of an agency or                               
21       institution providing care for children if a relative by blood or marriage, family                            
22       friend, or neighbor requests placement of the child in the [RELATIVE'S] home of                           
23       the relative, family friend, or neighbor and the parent or guardian of the child                              
24       agrees to the placement. However, the department may retain custody of the child                              
25       and provide for its placement in the same manner as for other children if the                                     
26       department                                                                                                        
27                 (1)  makes a determination, supported by clear and convincing                                           
28       evidence, that placement of the child with the relative, family friend, or neighbor                           
29       will result in physical or mental injury; in making that determination, poverty,                                  
30       including inadequate or crowded housing, on the part of the [BLOOD] relative, family                          
31       friend, or neighbor is not considered prima facie evidence that physical or emotional                         
01       damage to the child will occur; this determination may be appealed to the superior                                
02       court to hear the matter de novo;                                                                                 
03                 (2)  determines that a member of the relative's, family friend's, or                                
04       neighbor's household who is 12 years of age or older was the perpetrator in a                                 
05       substantiated report of abuse under AS 47.17; or                                                                  
06                 (3)  determines that a member of the relative's, family friend's, or                                
07       neighbor's household who is 12 years of age or older is under arrest for, charged with,                       
08       has been convicted of, or has been found not guilty by reason of insanity of, a serious                           
09       offense; notwithstanding this paragraph, the department may place or continue the                                 
10       placement of a child at the relative's, family friend's, or neighbor's home if the                            
11       relative, family friend, or neighbor demonstrates to the satisfaction of the department                       
12       that conduct described in this paragraph occurred at least five years before the                                  
13       intended placement and the conduct                                                                                
14                      (A)  did not involve a victim who was under 18 years of age at                                     
15            the time of the conduct;                                                                                     
16                      (B)  was not a crime of domestic violence as defined in                                            
17            AS 18.66.990; and                                                                                            
18                      (C)  was not a violent crime under AS 11.41.100 - 11.41.455 or                                     
19            a law or ordinance of another jurisdiction having similar elements.                                          
20    * Sec. 35.  AS 47.14.100(f) is amended to read:                                                                  
21            (f)  If a blood relative of the child specified under (e) of this section exists and                         
22       agrees that the child should be placed elsewhere, before placement elsewhere, the                                 
23       department shall fully communicate the nature of the placement proceedings to the                                 
24       relative. Communication under this subsection shall be made in the relative's native                              
25       language, if necessary.  [NOTHING IN THIS SUBSECTION OR IN (e) OF THIS                                            
26       SECTION APPLIES TO CHILD PLACEMENT FOR ADOPTIVE PURPOSES.]                                                        
27    * Sec. 36.  AS 47.14 is amended by adding a new section to article 3 to read:                                      
28            Sec. 47.14.205.  Citizens' Review Panels for Permanency Planning.  (a)                                     
29       There is created in the Department of Administration three Citizens' Review Panels for                            
30       Permanency Planning.  Each state panel shall consist of five members appointed by                                 
31       the governor from a broad representation of individuals located in the communities                                
01       served and including individuals with expertise in the prevention and treatment of                                
02       child abuse and neglect.  The governor shall appoint at least one state panel member                              
03       from each judicial district.  The governor may not appoint a person who has                                       
04       committed a felony or violated AS 11.51.130 or a law with substantially similar                                   
05       elements.  The governor may designate an existing entity established under state or                               
06       federal law as a state panel if the entity performs the functions set out under                                   
07       AS 47.14.205 - 47.14.295.                                                                                         
08            (b)  Members of the state panels serve at the pleasure of the governor for                                   
09       staggered terms of three years or until their successors are appointed.                                           
10            (c)  The members of each state panel shall elect from among the members a                                    
11       chair who shall serve for one year.  Three members of each state panel constitute a                               
12       quorum for the transaction of business.  A panel may not take official action without                             
13       the affirmative vote of at least three of its members.                                                            
14            (d)  Members of the state panels are entitled to reimbursement for actual                                    
15       expenses necessary to perform their duties as state panel members.  The                                           
16       reimbursement may not exceed the amount of per diem and expenses authorized for                                   
17       boards and commissions under AS 39.20.180.                                                                        
18            (e)  The state panels shall meet not less than every three months.  Meetings                                 
19       may take place telephonically.                                                                                    
20            (f)  The state panels may employ a program manager and two assistant                                         
21       managers who shall serve at the pleasure of the state panels.  The program manager                                
22       shall employ staff as necessary to carry out the program manager's duties under state                             
23       panel directives and to provide clerical assistance to the state panels.                                          
24            (g)  When a person is appointed to serve on a state panel, the person shall                                  
25       swear or affirm to keep confidential all information that comes before the state panel                            
26       except for nonidentifying case information included in a report required under                                    
27       AS 47.17, or as required by court order for good cause shown.  A state panel member                               
28       may also share confidential information with other members of the state panel and                                 
29       staff who serve a state panel.                                                                                    
30    * Sec. 37.  AS 47.14 is amended by adding a new section to article 3 to read:                                      
31            Sec. 47.14.215.  Duties of the state panels.  The state panels shall                                       
01                 (1)  by regulation adopt policies and procedures to carry out the panels'                               
02       duties;                                                                                                           
03                 (2)  examine the policies, procedures, and practices of state and local                                 
04       agencies involved in making or investigating a report of harm to a child;                                         
05                 (3)  where appropriate, evaluate specific cases of a report of child abuse                              
06       or neglect to determine the extent to which the state and local child protection systems                          
07       are effectively discharging child protection responsibilities under                                               
08                      (A)  the state plan submitted to the United States Department of                                   
09            Health and Human Services;                                                                                   
10                      (B)  child protection standards under federal and state laws;                                      
11                      (C)  any other criteria that the panel considers important to                                      
12            ensuring the protection of children, including the level and efficiency of                                   
13            coordination of foster care and adoption programs in the state and a review of                               
14            child fatalities and near fatalities; and                                                                    
15                 (4)  report annually to the governor by the 10th day of each regular                                    
16       legislative session, concerning the activities of the state panels during the previous                            
17       fiscal year; the report must include a summary of the information gathered and                                    
18       recommendations made under paragraphs (2) and (3) of this section, the number of                                  
19       cases reviewed by each panel, a description of the characteristics of the children                                
20       whose cases were reviewed by the panels, the number of children reunited with their                               
21       families, the number of children placed in other permanent homes, and the timeliness                              
22       of each review conducted under this section; the report may contain other information                             
23       on the experience of the panels.                                                                                  
24    * Sec. 38.  AS 47.14 is amended by adding a new section to article 3 to read:                                      
25            Sec. 47.14.225.  Cooperation with state panels.  The department, the                                       
26       Department of Law, the Public Defender Agency, the office of public advocacy, and                                 
27       the court system shall cooperate with the state panels to facilitate timely review of                             
28       plans for children whose cases are under the jurisdiction of the panels and to facilitate                         
29       access to records required under AS 47.14.235.                                                                    
30    * Sec. 39.  AS 47.14 is amended by adding a new section to article 3 to read:                                      
31            Sec. 47.14.235.  Records; communications.  (a) Notwithstanding                                             
01       AS 47.10.090, at the request of a state panel, the department, the child's guardian ad                            
02       litem, and the court shall furnish to the state panel relevant records concerning a child                         
03       and the child's family who are the subjects of a state panel review.  At the conclusion                           
04       of a review, all copies of records provided to a state panel under this section shall be                          
05       returned to the staff that serves the state panel or to the agency from which the original                        
06       copy was obtained, unless the panel members need the copies to prepare the reports                                
07       required under AS 47.14.215.  Copies retained for preparation of the reports shall be                             
08       returned to the staff that serves the state panel or to the originating agency upon                               
09       completion of the reports.  Notwithstanding AS 44.62.310, records and reports of the                              
10       state panel, testimony before the state panel, and deliberations of the state panel are                           
11       confidential under AS 47.10.090.                                                                                  
12            (b)  A state panel member may not reveal to another person, other than another                               
13       member of the state panel or the staff serving the state panel, a communication made                              
14       to the member while performing the member's duties under AS 47.14.205 - 47.14.295,                                
15       except as required under AS 47.17 or as required by court order for good cause shown.                             
16       A state panel member may disclose information related to the state panel member's                                 
17       performance of official duties if the state panel member omits identifying information.                           
18            (c)  A state panel proceeding is not governed by AS 44.62.310.                                               
19    * Sec. 40.  AS 47.14 is amended by adding a new section to article 3 to read:                                    
20            Sec. 47.14.245.  Court review of report.  (a)  When a report is admissible                                 
21       under court rules, the court may consider the report of the state panel in its review                             
22       under AS 47.10.080(f) and at other disposition hearings other than hearings related to                            
23       delinquency proceedings.                                                                                          
24            (b)  The court may refer to the state panel a case called for a special review                               
25       under AS 47.10.080(f).                                                                                            
26    * Sec. 41.  AS 47.14 is amended by adding a new section to article 3 to read:                                    
27            Sec. 47.14.255.  Liability and indemnification of panel members.  (a)  A                                   
28       state panel member shall be indemnified by the state for civil liability for a negligent                          
29       act or omission of the panel member that occurs in the performance of the member's                                
30       duties under AS 47.14.205 - 47.14.295, unless the civil liability results from the panel                          
31       member's violation of                                                                                             
01                 (1)  AS 47.14.235(b); or                                                                                
02                 (2)  the oath or affirmation required under AS 47.14.205(g).                                            
03            (b)  A violation of (a)(1) or (2) of this section is subject to a civil penalty of up                        
04       to $2,500 for each violation.                                                                                     
05    * Sec. 42.  AS 47.14 is amended by adding a new section to article 3 to read:                                    
06            Sec. 47.14.295.  Definitions.  In AS 47.14.205 - 47.14.295,                                                
07                 (1)  "state panel" or "state panels" means one or all of the Citizens'                                  
08       Review Panels for Permanency Planning established under AS 47.14.205;                                             
09                 (2)  "near fatality" has the meaning given in AS 47.10.990.                                             
10    * Sec. 43.  AS 47.17.025 is amended by adding a new subsection to read:                                            
11            (c)  Within 20 days after receiving a report of harm, whether or not the matter                              
12       is referred to a local government agency, the department shall notify the person who                              
13       made the report about the status of the investigation, without disclosing any                                     
14       confidential information.                                                                                       
15    * Sec. 44.  AS 47.17.027(a) is amended to read:                                                                    
16            (a)  If the department or a law enforcement agency provides written                                          
17       certification to the child's school officials that (1) there is reasonable cause to suspect                       
18       that the child has been abused or neglected by a person responsible for the child's                               
19       welfare or as a result of conditions created by a person responsible for the child's                              
20       welfare; (2) an interview at school is a necessary part of an investigation to determine                          
21       whether the child has been abused or neglected; and (3) the interview at school is in                             
22       the best interests of the child, school officials shall permit the child to be interviewed                        
23       at school by the department or a law enforcement agency before notification of, or                                
24       receiving permission from, the child's parent, guardian, or custodian. A school official                          
25       shall be present during an interview at the school unless the child objects or the                                
26       department or law enforcement agency determines that the presence of the school                                   
27       official will interfere with the investigation.  The interview shall be conducted as                          
28       required under AS 47.17.033.  Immediately after conducting an interview authorized                            
29       under this section, and after informing the child of the intention to notify the child's                          
30       parent, guardian, or custodian, the department or agency shall make every reasonable                              
31       effort to notify the child's parent, guardian, or custodian that the interview occurred                           
01       unless it appears to the department or agency that notifying the child's parent,                                  
02       guardian, or custodian would endanger the child.                                                                  
03    * Sec. 45.  AS 47.17.033 is amended by adding new subsections to read:                                             
04            (c)  An investigation by the department of child abuse or neglect reported                                   
05       under this chapter shall be conducted by a person trained to conduct a child abuse and                            
06       neglect investigation and without subjecting a child to more than one interview about                             
07       the abuse or neglect except when new information is obtained that requires further                                
08       information from the child.                                                                                       
09            (d)  An interview of a child conducted as a result of a report of harm may be                                
10       audiotaped or videotaped.  However, if an interview of a child is to be electronically                            
11       recorded and the interview concerns a report of sexual abuse of the child, the interview                          
12       shall be videotaped, except that an interview of a child may not be videotaped if                                 
13       videotaping the interview is impracticable or will, in the opinion of the investigating                           
14       agency, result in trauma to the child.                                                                            
15            (e)  An interview of a child that is audiotaped or videotaped under (d) of this                              
16       section shall be conducted                                                                                        
17                 (1)  by a person trained and competent to conduct the interview;                                        
18                 (2)  if available, at a child advocacy center; and                                                      
19                 (3)  by a person who is a party to a memorandum of understanding with                                   
20       the department to conduct the interview or who is employed by an agency that is                                   
21       authorized to conduct investigations.                                                                             
22            (f)  An interview of a child may not be videotaped more than one time unless                                 
23       the interviewer or the investigating agency determines that one or more additional                                
24       interviews are necessary to complete an investigation.  If additional interviews are                              
25       necessary, the additional interviews shall be conducted, to the extent possible, by the                           
26       same interviewer who conducted the initial interview of the child.                                                
27            (g)  A recorded interview of a child shall be preserved in the manner and for a                              
28       period provided by law for maintaining evidence and records of a public agency.                                   
29            (h)  A recorded interview of a child is subject to disclosure under the                                      
30       applicable court rules for discovery in a civil or criminal case.                                                 
31    * Sec. 46.  AS 47.35.015 is amended by adding a new subsection to read:                                            
01            (j)  If a person operates a foster home to provide care only for a relative and the                          
02       department requires licensure under an agreement for services, the department shall                               
03       issue a temporary license to an eligible person while an application for a license under                          
04       this section is pending.  The department shall issue the temporary license to the                                 
05       applicant within five days after receiving a complete application for a foster care                               
06       license under AS 47.35.017.  A temporary license is valid for 90 days or until a license                          
07       is either issued under AS 47.35.017 or denied under AS 47.35.019, whichever is                                    
08       sooner.                                                                                                           
09    * Sec. 47.  The uncodified law of the State of Alaska is amended by adding a new section to                        
10 read:                                                                                                                   
11            DIRECT COURT RULE AMENDMENT.  Rule 3(c), Alaska Child in Need of                                             
12       Aid Rules of Procedure, is amended to read:                                                                       
13            (c)  Presence of Grandparent or Foster Parent. A grandparent of a child                            
14       and the foster parent or other out-of-home care provider are [IS] entitled to be heard                    
15       at any hearing at which the person is present.  However, the court may limit the                                  
16       presence of these persons in a hearing that has been closed to the public under                               
17       (f)(2) of this rule [THE FOSTER PARENT OR CARE PROVIDER] to the time                                          
18       during which the person's testimony is being given if the court determines that such                          
19       a limitation is necessary under the circumstances listed in (f)(2)(C) of this rule [IT                        
20       IS (1) IN THE BEST INTEREST OF THE CHILD; OR (2) NECESSARY TO                                                     
21       PROTECT THE PRIVACY INTERESTS OF THE PARTIES AND WILL NOT BE                                                      
22       DETRIMENTAL TO THE CHILD].                                                                                        
23    * Sec. 48.  The uncodified law of the State of Alaska is amended by adding a new section to                        
24 read:                                                                                                                   
25            DIRECT COURT RULE AMENDMENT.  Rule 3(f), Alaska Child in Need of                                             
26       Aid Rules of Procedure, is repealed and reenacted to read:                                                        
27            (f)  General Public Access to Hearings.                                                                    
28                 (1)  Except as provided in (2) of this paragraph, and unless prohibited                                 
29       by federal or state statute or regulation, court order, or other court rule, hearings are                         
30       open to the public.                                                                                               
31                 (2)  The following hearings are closed to the public:                                                   
01                      (A)  the initial court hearing after the filing of a petition that                                 
02            begins the child-in-need-of-aid case;                                                                        
03                      (B)  a hearing following the initial hearing in which a parent,                                    
04            child, or other party to the case is present but has not had an opportunity to                               
05            obtain legal representation;                                                                                 
06                      (C)  a hearing, or a part of a hearing, for which the court issues                                 
07            a written order finding that allowing the hearing, or part of the hearing, to be                             
08            open to the public would reasonably be expected to stigmatize or be                                          
09            emotionally damaging to a child; inhibit a child's testimony in the hearing;                                 
10            disclose matters otherwise required to be kept confidential by state or federal                              
11            statute or regulation, court order, or court rule; or interfere with a criminal                              
12            investigation or proceeding or a criminal defendant's right to a fair trial in a                             
13            criminal proceeding.                                                                                         
14                 (3)  Before ruling on a request under (2)(C) of this paragraph                                          
15       concerning potential interference with a criminal investigation or proceeding, the court                          
16       shall give notice and an opportunity to be heard to the state or a municipal agency that                          
17       is assigned to the criminal investigation or to the prosecuting attorney.                                         
18                 (4)  If the court closes a hearing to the public under (2)(C) of this                                   
19       paragraph, the court shall close only the portions of the hearing necessary to prevent                            
20       the potential harm listed in (2)(C) of this paragraph.  If a hearing, or part of a hearing,                       
21       is open to the public, the court shall hear in camera any information offered regarding                           
22       the location, or readily leading to the location, of a parent, child, or other party to the                       
23       case who is a victim of domestic violence.  Access to testimony heard in camera under                             
24       this subparagraph is limited to the court and authorized court personnel.                                         
25                 (5)  Notwithstanding any other provision of this rule, the court shall                                  
26       issue an order to prohibit all persons in a hearing open to the public from disclosing to                         
27       any person a name, picture, or other information that would readily lead to the                                   
28       identification of a child who is the subject of the proceeding.  If a person violates the                         
29       order, the court may impose any appropriate sanction, including contempt and closure                              
30       of any further hearings in the proceeding to the person.                                                          
31                 (6)  A party to the proceeding may move the court to close to the public                                
01       a hearing, or part of the hearing, to avoid the harm specified in (2)(C) of this                                  
02       paragraph.  A member of the public may request in writing to be served with a motion                              
03       filed under this subparagraph.  If such a request has been filed in advance of the filing                         
04       of the motion, the party filing the motion must also serve the member of the public                               
05       who requested notice under this subparagraph.  The court may waive the service                                    
06       required under this subparagraph to a member of the public if a motion to close the                               
07       hearing, or part of the hearing, is made under this subparagraph immediately before or                            
08       during the hearing and the court finds that                                                                       
09                      (A)  the need for closure was not reasonably foreseeable                                           
10            sufficiently in advance of the hearing to allow for notice;                                                  
11                      (B)  there is good cause not to delay the hearing in order to                                      
12            achieve notice, taking into consideration the age of the child and the potential                             
13            adverse effect that a delay could have on the child; and                                                     
14                      (C)  whatever notice is practicable under the circumstances has                                    
15            occurred.                                                                                                    
16    * Sec. 49.  The uncodified law of the State of Alaska is amended by adding a new section to                        
17 read:                                                                                                                   
18            DIRECT COURT RULE AMENDMENT.  Rule 3, Alaska Child in Need of                                                
19       Aid Rules of Procedure, is amended by adding a new subsection to read:                                            
20            (j)  Use of Child's Name and Identifying Information Prohibited.                                           
21       References to a child shall be made using the child's first name only.  All identifying                           
22       information of the child, including the child's last name, address, and the names of the                          
23       child's immediate family members, shall be protected during the hearing so that only                              
24       the confidential record contains that information.  If a child appears at the hearing, the                        
25       child shall be located away from view of the public.                                                              
26    * Sec. 50.  The uncodified law of the State of Alaska is amended by adding a new section to                        
27 read:                                                                                                                   
28            DIRECT COURT RULE AMENDMENT.  Rule 18(e), Alaska Child in Need                                               
29       of Aid Rules of Procedure, is amended to read:                                                                    
30            (e)  Trial.  A trial on the petition to terminate parental rights                                          
31                 (1)  shall be held within six months after the date on which the petition                           
01       to terminate parental rights is filed, unless the court finds that good cause is shown for                        
02       a continuance; when [.  WHEN] determining whether to grant a continuance for good                             
03       cause, the court shall take into consideration the age of the child and the potential                             
04       adverse effect that the delay may have on the child; the [.  THE] court shall make                            
05       written findings when granting a continuance;                                                                 
06                 (2)  shall be by jury when a jury trial has been demanded and not                                   
07       waived by a party as provided in Rules 38 and 39, Alaska Rules of Civil                                       
08       Procedure.                                                                                                    
09    * Sec. 51.  The uncodified law of the State of Alaska is amended by adding a new section to                        
10 read:                                                                                                                   
11            DIRECT COURT RULE AMENDMENT.  Rule 18(g), Alaska Child in Need                                               
12       of Aid Rules of Procedure, is amended to read:                                                                    
13            (g)  Judgment.  The court shall make findings of fact for matters tried to the                         
14       court and shall enter an order within 90 days after the last day of trial on the petition                 
15       to terminate parental rights. The court shall commit the child to the custody of the                              
16       Department if parental rights are terminated.                                                                     
17    * Sec. 52.  The uncodified law of the State of Alaska is amended by adding a new section to                        
18 read:                                                                                                                   
19            DIRECT COURT RULE AMENDMENT.  Rule 22(c), Alaska Child in Need                                               
20       of Aid Rules of Procedure, is amended to read:                                                                    
21            (c)  Child's Name or Picture. The name or picture of a child who is the                                    
22       subject of a CINA proceeding may not be made available to the public unless                                       
23       authorized by court order accompanied by a written statement reciting the                                         
24       circumstances which support such authorization, or unless to implement the                                    
25       permanency plan for the child after all parental rights of custody have been                                  
26       terminated.                                                                                                   
27    * Sec. 53.  The uncodified law of the State of Alaska is amended by adding a new section to                        
28 read:                                                                                                                   
29            DIRECT COURT RULE AMENDMENT.  Rule 9(a), Alaska Adoption Rules,                                              
30       is amended to read:                                                                                               
31            (a)  Form.  A consent or relinquishment must be in writing and must include:                               
01                 (1)  notice of the person's right to withdraw the consent or                                            
02       relinquishment as provided by paragraphs (g) and (h) of this rule;                                                
03                 (2)  the address and telephone number of the court in which the                                         
04       adoption or relinquishment proceeding has or is expected to be filed;                                             
05                 (3)  a statement of the right to counsel as stated in Rule 8;                                           
06                 (4)  a statement concerning whether or not any visitation rights or                                 
07       other parental privileges are sought to be retained after the adoption;                                       
08                 (5)  if a consent, the information required in AS 25.23.060; and                                        
09                 (6)  if signed by a parent, a statement of whether the parent is a minor.                               
10    * Sec. 54.  The uncodified law of the State of Alaska is amended by adding a new section to                        
11 read:                                                                                                                   
12            DIRECT COURT RULE AMENDMENT.  Rule 13(a), Alaska Adoption                                                    
13       Rules, is amended to read:                                                                                        
14            (a)  Voluntary Relinquishment.  A decree terminating parental rights may be                                
15       entered after a voluntary relinquishment pursuant to AS 25.23.180.  The court shall                               
16       enter findings of fact which must include a statement concerning whether visitation                               
17       rights are being allowed under AS 25.23.130(c) or AS 25.23.180, whether other                                 
18       privileges are being retained under AS 25.23.180, and whether the time limit for                              
19       withdrawal of the relinquishment has elapsed.  If the relinquishment was signed in the                            
20       presence of the court, findings also must be entered as to whether the parent                                     
21       understood the consequences of the relinquishment, and whether the relinquishment                                 
22       was voluntarily signed.                                                                                           
23            In the case of a voluntary relinquishment of parental rights to an Indian child,                             
24       the court shall make additional findings concerning whether any notice required by                                
25       Rule 10(e) was timely given; whether the relinquishment was voluntary and in                                      
26       compliance with the requirements of 25 U.S.C. Section 1913; and whether the child's                               
27       placement complies with the preferences set out in 25 U.S.C. Section 1915 or good                                 
28       cause exists for deviation from the placement preference.                                                         
29    * Sec. 55.  The uncodified law of the State of Alaska is amended by adding a new section to                        
30 read:                                                                                                                   
31       INDIRECT COURT RULE AMENDMENT.  AS 25.23.180(j), added by sec. 2 of this                                          
01 Act, amends Rules 9 and 13, Alaska Adoption Rules, by requiring retained privileges to be set                           
02 out in the relinquishment form and order.                                                                               
03    * Sec. 56.  The uncodified law of the State of Alaska is amended by adding a new section to                        
04 read:                                                                                                                   
05       INDIRECT COURT RULE AMENDMENT.  (a)  Sections 9 and 10 of this Act                                                
06 AS 47.10.080(x), enacted by sec. 13 of this Act, and AS 47.10.088(o), enacted by sec. 15 of                             
07 this Act, have the effect of changing Rule 3, Alaska Child in Need of Aid Rules of Procedure,                           
08 by allowing members of the public to attend court hearings except in certain circumstances.                             
09       (b)  AS 47.10.065, enacted by sec. 8 of this Act, and AS 47.10.080(c), as amended by                              
10 sec. 11 of this Act, have the effect of changing Rule 18, Alaska Child in Need of Aid Rules of                          
11 Procedure, by providing for a right to a jury trial on a petition to terminate parental rights.                         
12       (c)  Sections 18 and 21 - 26 of this Act have the effect of changing Rule 22, Alaska                              
13 Child in Need of Aid Rules of Procedure, by allowing the disclosure of confidential                                     
14 information pertaining to a child, including a child's name or picture to be made public in                             
15 certain circumstances.                                                                                                  
16    * Sec. 57.  The uncodified law of the State of Alaska is amended by adding a new section to                        
17 read:                                                                                                                   
18       TWO-THIRDS VOTE NOT REQUIRED FOR CERTAIN AMENDMENTS.                                                              
19 Because the enactment of AS 47.10.065 and the amendments to AS 47.10.080(c) and Rules                                   
20 18(e) and 18(g), Alaska Child in Need of Aid Rules of Procedure, to the extent that the                                 
21 enactment and amendments provide a right to a jury trial on a petition to terminate parental                            
22 rights, affect a substantive right, secs. 8, 11, 50, 51, and 56 of this Act do not require a two-                       
23 thirds vote of the legislature to confer the right to a jury trial on a petition to terminate                           
24 parental rights.                                                                                                        
25    * Sec. 58.  The uncodified law of the State of Alaska is amended by adding a new section to                        
26 read:                                                                                                                   
27       INITIAL MEMBERS OF STATE PANEL.  (a)  Notwithstanding AS 47.14.205(b),                                            
28 enacted by sec. 36 of this Act, the governor shall appoint the initial public members of each of                        
29 the Citizens' Review Panel for Permanency Planning so that one member of each panel serves                              
30 a one-year term, two members of each panel serve two-year terms, and two members of each                                
31 panel serve three-year terms.                                                                                           
01       (b)  The initial public members must be persons who have experience, special                                      
02 knowledge, or a demonstrated interest in the welfare of children.                                                       
03    * Sec. 59.  The uncodified law of the State of Alaska is amended by adding a new section to                        
04 read:                                                                                                                   
05       APPLICABILITY.  (a)  AS 47.10.065, enacted by sec. 8 of this Act, 47.10.080(c), as                                
06 amended by sec. 11 of this Act, and Rules 18(e) and 18(g), Alaska Child in Need of Aid Rules                            
07 of Procedure, as amended by secs. 50 and 51 of this Act, apply to petitions to terminate                                
08 parental rights that are filed on or after the effective date of secs. 8, 11, 50, and 51 of this Act.                   
09       (b)  The amendments to Rule 3, Alaska Child in Need of Aid Rules of Procedure,                                    
10 made by secs. 47 - 49 of this Act, apply to hearings that are conducted on or after the effective                       
11 date of secs. 47 - 49 of this Act.                                                                                      
12       (c)  Sections 9 - 11, 13, 15, 17, 18, 21 - 27, 32, 47 - 49, and 52 of this Act apply to all                       
13 proceedings and hearings conducted on or after the effective date of those sections.                                    
14       (d)  Sections 9, 10, 13, 15, and 18 - 27 of this Act apply to all information, records,                           
15 and files created on or after the effective date of those sections; however, if a file contains                         
16 information and records that were created before the effective date of secs. 9, 10, 13, 15, and                         
17 18 - 27 of this Act, that information and those records retain the confidentiality status that                          
18 they had under the law on the day before the effective date of secs. 9, 10, 13, 15, and 18 - 27                         
19 of this Act.                                                                                                            
20    * Sec. 60.  The uncodified law of the State of Alaska is amended by adding a new section to                        
21 read:                                                                                                                   
22       TRANSITION:  REGULATIONS.  The Department of Health and Social Services                                           
23 may proceed to adopt regulations necessary to implement the changes made by this Act.  The                              
24 regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the                               
25 effective date of the relevant statutory change.                                                                        
26    * Sec. 61.  The uncodified law of the State of Alaska is amended by adding a new section to                        
27 read:                                                                                                                   
28       REPORT.  By December 1, 2006, the governor shall issue a report, including any                                    
29 recommendations for statutory changes, to the public and the legislature on the                                         
30 implementation of this Act.                                                                                             
31    * Sec. 62.  The uncodified law of the State of Alaska is amended by adding a new section to                        
01 read:                                                                                                                   
02       CONDITIONAL EFFECT.  (a)  That portion of Rule 18(e)(2), Alaska Child in Need                                     
03 of Aid Rules of Procedure, added by sec. 50 of this Act, that reads "and not waived by a party                          
04 as provided in Rules 38 and 39, Alaska Rules of Civil Procedure," takes effect only if sec. 50                          
05 of this Act receives the two-thirds majority vote of each house required by art. IV, sec. 15,                           
06 Constitution of the State of Alaska.                                                                                    
07       (b)  The amendments to Rule 3, Alaska Child in Need of Aid Rules of Procedure,                                    
08 made by secs. 47 - 49 of this Act, take effect only if secs. 47 - 49 of this Act receive the two-                       
09 thirds majority vote of each house required by art. IV, sec. 15, Constitution of the State of                           
10 Alaska.                                                                                                                 
11       (c)  The amendments to Rule 22(c), Alaska Child in Need of Aid Rules of Procedure,                                
12 made by sec. 52 of this Act take effect only if sec. 52 of this Act receives the two-thirds                             
13 majority vote of each house required by Art. IV, sec. 15, Constitution of the State of Alaska.                          
14       (d)  Sections 9 and 10 of this Act,  AS 47.10.080(x), enacted by sec. 13 of this Act,                             
15 AS 47.10.088(o), enacted by sec. 15 of this Act, and secs. 18 and 21 - 27 of this Act, take                             
16 effect only if secs. 47 - 49, 52, and 56(a) and (c) of this Act receive the two-thirds majority                         
17 vote of each house as required by art. IV, sec. 15, Constitution of the State of Alaska.                                
18       (e)  Rule 9(a), Alaska Adoption Rules, as amended by sec. 53 of this Act, takes effect                            
19 only if sec. 53 of this Act receives the two-thirds majority vote of each house required by art.                        
20 IV, sec. 15, Constitution of the State of Alaska.                                                                       
21       (f)  Rule 13(a), Alaska Adoption Rules, as amended by sec. 54 of this Act, takes effect                           
22 only if sec. 54 of this Act receives the two-thirds majority vote of each house required by art.                        
23 IV, sec. 15, Constitution of the State of Alaska.                                                                       
24       (g)  AS 25.23.180(j), added by sec. 2 of this Act, takes effect only if sec. 55 of this Act                       
25 receives the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution                          
26 of the State of Alaska.                                                                                                 
27    * Sec. 63.  AS 47.10.960, as amended by sec. 30 of this Act, takes effect 180 days after the                       
28 effective date of sec. 1 of this Act.                                                                                   
29    * Sec. 64.  If, under sec. 62 of this Act, secs. 9 and 10 of this Act, AS 47.10.080(x), enacted                    
30 by sec. 13 of this Act, AS 47.10.088(o), enacted by sec. 15 of this Act, and secs. 18 and 21 -                          
31 27 of this Act take effect, they take effect July 1, 2005.                                                              
01    * Sec. 65.  Except as provided in secs. 63 and 64 of this Act, this Act takes effect                               
02 immediately under AS 01.10.070(c).