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CSSSHB 53(HES): "An Act relating to child-in-need-of-aid proceedings; amending the construction of statutes pertaining to children in need of aid; relating to guardianships; relating 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 proceedings regarding voluntary relinquishment and termination of a parent and child relationship, 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 a state citizens' review panel; amending the duty to disclose information pertaining to a child in need of aid; relating 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; relating to consent for the medication of children in state custody; prescribing the rights of family members related to child-in-need-of-aid cases and establishing a familial 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 Rules 9 and 13, Alaska Adoption Rules; amending Rules 3, 17.2, 18, and 22, Alaska Child in Need of Aid Rules of Procedure; amending Rules 14 and 15, Rules of Probate Procedure; and providing for an effective date."

00            CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 53(HES)                                                         
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 guardianships; relating to the                              
03 confidentiality of investigations, court hearings, and public agency records and                                        
04 information in child-in-need-of-aid matters and certain child protection matters, to                                    
05 immunity regarding disclosure of information in child-in-need-of-aid matters and                                        
06 certain child protection matters, to proceedings regarding voluntary relinquishment and                                 
07 termination of a parent and child relationship, to eligibility for permanent fund                                       
08 dividends for certain children in the custody of the state, and to juvenile delinquency                                 
09 proceedings and placements; establishing a right to a trial by jury in termination of                                   
10 parental rights proceedings; reestablishing and relating to a state citizens' review panel;                             
11 amending the duty to disclose information pertaining to a child in need of aid; relating                                
12 to disclosure of confidential or privileged information about children and families                                     
01 involved with children's services within the Department of Health and Social Services to                                
02 officials for review or use in official capacities; relating to reports of harm and to                                  
03 adoptions and foster care; relating to consent for the medication of children in state                                  
04 custody; prescribing the rights of family members related to child-in-need-of-aid cases                                 
05 and establishing a familial priority for adoption in certain child-in-need-of-aid cases;                                
06 modifying adoption and placement procedures in certain child-in-need-of-aid cases;                                      
07 amending Rules 9 and 13, Alaska Adoption Rules; amending Rules 3, 17.2, 18, and 22,                                     
08 Alaska Child in Need of Aid Rules of Procedure; amending Rules 14 and 15, Rules of                                      
09 Probate Procedure; and providing for an effective date."                                                                
10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
11    * Section 1.  AS 13.26.055 is amended to read:                                                                     
12            Sec. 13.26.055.  Court appointment of guardian of minor; qualifications;                                   
13       priority of minor's nominee and adult family member.   (a)  The court may appoint                         
14       as guardian any person whose appointment would be in the best interests of the minor.                             
15       Except as provided in (b) of this section, the [THE] court shall appoint a person                             
16       nominated by the minor, if the minor is 14 years of age or older, unless the court finds                          
17       the appointment contrary to the best interests of the minor.                                                      
18    * Sec. 2.  AS 13.26.055 is amended by adding a new subsection to read:                                             
19            (b)  If an adult family member is available and willing to serve as a guardian of                            
20       a minor, the court shall appoint the adult family member as guardian unless                                       
21                 (1)  the court finds the appointment contrary to the best interests of the                              
22       minor; and                                                                                                        
23                 (2)  the person is not nominated by the minor under (a).                                                
24    * Sec. 3.  AS 13.26 is amended by adding a new section to read:                                                    
25            Sec. 13.26.064.  Guardianship after voluntary relinquishment; procedure.                                   
26       In addition to the applicable procedures under this chapter, a guardianship decree and                            
27       review of a guardianship decree are governed by the procedures established under                                  
28       AS 25.23.180 and, for a child-in-need-of-aid, AS 47.10.089, pertaining to voluntary                               
01       relinquishment of parental rights and retaining of parental privileges in a guardianship                          
02       decree.                                                                                                           
03    * Sec. 4.  AS 25.23 is amended by adding a new section to read:                                                    
04            Sec. 25.23.127.  Adult family member preference to adopt.                                                  
05       Notwithstanding a child's stated preference under AS 25.23.125 and 25.23.040(a)(5),                               
06       an adult family member who has had physical custody of a child for at least twelve                                
07       consecutive months when the parental rights to the child have been terminated under                               
08       AS 47.10.080(c)(3) shall be permitted to adopt the child before any other person.  The                            
09       adult family member may exercise the right granted under this section by filing a                                 
10       petition under AS 25.23.080.  The court shall grant the adult family member's petition                            
11       unless the court finds good cause not to grant the petition.  In this section, "adult                             
12       family member" has the meaning given in AS 47.10.990.                                                             
13    * Sec. 5.  AS 25.23.180 is amended by adding new subsections to read:                                              
14            (j)  In a relinquishment of parental rights executed under (a) of this section, a                            
15       parent may retain privileges with respect to the child, including the ability to have                             
16       future contact, communication, and visitation with the child.  A retained privilege                               
17       must be stated with specificity in writing, and, not less than 10 days after the                                  
18       relinquishment is signed, the court may enter an order terminating parental rights if the                         
19       court finds that termination of parental rights under the terms of the agreement is in                            
20       the child's best interest.  If a parent has retained one or more privileges, the court shall                      
21       incorporate the retained privileges into the termination order with a recommendation                              
22       that the retained privileges be incorporated in an adoption or legal guardianship                                 
23       decree.                                                                                                           
24            (k)  A voluntary relinquishment may not be withdrawn and a termination order                                 
25       may not be vacated on the ground that a retained privilege has been withheld from the                             
26       relinquishing parent or that the relinquishing parent has been unable, for any reason, to                         
27       act on a retained privilege, except as provided in Rule 60(b), Alaska Rules of Civil                              
28       Procedure.                                                                                                        
29            (l)  After a termination order is entered, a person who has voluntarily                                      
30       relinquished parental rights under this section may request a review hearing, upon a                              
31       showing of good cause, to seek enforcement or modification of or to vacate a privilege                            
01       retained in the termination order.  The court may modify, enforce, or vacate the                                  
02       retained privilege if the court finds, by clear and convincing evidence, that it is in the                        
03       best interest of the child to do so.                                                                              
04            (m)  After a termination order is entered and before the entry of an adoption or                             
05       legal guardianship decree, a prospective adoptive parent or a guardian of the child may                           
06       request, after providing notice as specified under this subsection, that the court decline                        
07       to incorporate a privilege retained in a termination order and recommended for                                    
08       incorporation in an adoption or guardianship decree under (j) of this section.  If the                            
09       person who has relinquished parental rights to the child who is the subject of the                                
10       adoption or guardianship decree did not waive rights to notice of adoption under (b) of                           
11       this section, the request made under this subsection may only be considered by the                                
12       court after providing at least 20 days' notice by certified mail to the last known address                        
13       of the person who has voluntarily relinquished parental rights to the child.  The notice                          
14       under this subsection must describe the request and explain that the recipient of the                             
15       notice may submit a written statement under penalty of perjury to the court that the                              
16       recipient either agrees with or opposes the request.  The notice must also include the                            
17       deadline for submitting the statement and the mailing address of the court.  The court                            
18       may decline to incorporate a retained privilege if the person who retained the privilege                          
19       agrees with the request or if the court finds that it is in the child's best interest.                            
20            (n)  After a termination order is entered and before the entry of an adoption                                
21       decree, a person who voluntarily relinquished parental rights to a child under this                               
22       section may request a review hearing, upon a showing of good cause, to vacate the                                 
23       termination order and reinstate parental rights relating to that child.  A court shall                            
24       vacate a termination order if the person shows, by clear and convincing evidence, that                            
25       reinstatement of parental rights is in the best interest of the child and that the person is                      
26       rehabilitated and capable of providing the care and guidance that will serve the moral,                           
27       emotional, mental, and physical welfare of the child.                                                             
28            (o)  A person who relinquished parental rights is entitled to the appointment of                             
29       an attorney if a hearing is requested under (l), (m), or (n) of this section to the same                          
30       extent as if the parent's rights had not been terminated in a child-in-need-of-aid                                
31       proceeding.                                                                                                       
01    * Sec. 6.  AS 43.23.005(f) is amended to read:                                                                     
02            (f)  The [IN A TIME OF NATIONAL MILITARY EMERGENCY, THE]                                                 
03       commissioner may waive the requirement of (a)(4) of this section for an individual                                
04       absent from the state                                                                                             
05                 (1)  in a time of national military emergency under military orders                                 
06       while serving in the armed forces of the United States, or for the spouse and                                     
07       dependents of that individual; or                                                                             
08                 (2)  while in the custody of the Department of Health and Social                                    
09       Services in accordance with a court order under AS 47.10 or AS 47.12 and placed                               
10       outside of the state by the Department of Health and Social Services for purposes                             
11       of medical or behavioral treatment.                                                                           
12    * Sec. 7.  AS 47.10.005 is amended to read:                                                                        
13            Sec. 47.10.005.  Construction.  The provisions of this chapter shall be                                    
14       liberally construed to                                                                                            
15                 (1)  achieve the end that a child coming within the jurisdiction of the                             
16       court under this chapter may receive the care, guidance, treatment, and control that                              
17       will promote the child's welfare and the parents' participation in the upbringing of                          
18       the child;                                                                                                    
19                 (2)  recognize that a parent possesses inherent individual rights to                                
20       direct and control the education and upbringing of the parent's child;                                        
21                 (3)  promote and protect the safety, welfare, health, and good of                                   
22       children, grandparents, and family members living in the state;                                               
23                 (4)  benefit future generations; and                                                                
24                 (5)  bring fairness and equality to biological family members and                                   
25       children in the state.                                                                                        
26    * Sec. 8.  AS 47.10.020(a) is amended to read:                                                                     
27            (a)  Whenever circumstances subject a child to the jurisdiction of the court                                 
28       under AS 47.10.005 - 47.10.142, the court shall appoint a competent person or agency                              
29       to make a preliminary inquiry and report for the information of the court to determine                            
30       whether the best interests of the child require that further action be taken.  The court                      
31       shall make the appointment on its own motion or at the request of a person or                                 
01       agency having knowledge of the child's circumstances.  If, under this subsection,                             
02       the court appoints a person or agency to make a preliminary inquiry and to report to it,                          
03       or if the department is conducting an investigation of a report of child abuse or                             
04       neglect, the court may issue any orders necessary to aid the person, the agency,                              
05       or the department in its investigation or in making the preliminary inquiry and                               
06       report.  Upon [THEN, UPON THE] receipt of the report under this subsection, the                           
07       court may                                                                                                         
08                 (1)  close the matter without a court hearing;                                                          
09                 (2)  determine whether the best interests of the child require that further                             
10       action be taken; or                                                                                               
11                 (3)  authorize the person or agency having knowledge of the facts of the                                
12       case to file with the court a petition setting out the facts.                                                     
13    * Sec. 9.  AS 47.10.020 is amended by adding a new subsection to read:                                             
14            (e)  Nothing in this section requires the department to obtain authorization                                 
15       from the court before                                                                                             
16                 (1)  conducting an investigation of a report of child abuse or neglect; or                              
17                 (2)  filing a petition.                                                                                 
18    * Sec. 10.  AS 47.10 is amended by adding a new section to read:                                                   
19            Sec. 47.10.065.  Right to demand jury trial in certain cases.  A party has the                             
20       right to demand a jury trial for a hearing on a petition to terminate parental rights                             
21       under AS 47.10.080(o) or 47.10.088.  If a hearing to adjudicate whether a child is a                              
22       child in need of aid under AS 47.10.011 is consolidated with a hearing on a petition to                           
23       terminate parental rights, the right to a jury trial under this section applies only to the                       
24       issue of whether parental rights should be terminated after the court enters a finding                            
25       under AS 47.10.080(a).  In this section, "party" has the meaning given in Rule 2,                                 
26       Alaska Child in Need of Aid Rules of Procedure.                                                                   
27    * Sec. 11.  AS 47.10.070(a) is amended to read:                                                                    
28            (a)  The court may conduct the hearing on the petition in an informal manner.                                
29       The court shall give notice of the hearing to the department, and it may send a                                   
30       representative to the hearing.  The court shall also transmit a copy of the petition to the                       
31       department.  The department shall send notice of the hearing to the persons for whom                              
01       notice is required under AS 47.10.030(b) and to each grandparent of the child entitled                            
02       to notice under AS 47.10.030(d).  The department and the persons to whom the                                      
03       department must send notice of the hearing are entitled to be heard at the hearing.                               
04       Except as provided in (c) of this section, and unless prohibited by federal or state                          
05       law, court order, or court rule, a hearing is open to the public  [HOWEVER, THE                               
06       COURT MAY LIMIT THE PRESENCE OF THE FOSTER PARENT OR OTHER                                                        
07       OUT-OF-HOME CARE PROVIDER AND OF ANY GRANDPARENT OF THE                                                           
08       CHILD TO THE TIME DURING WHICH THE PERSON'S TESTIMONY IS BEING                                                    
09       GIVEN IF IT IS (1) IN THE BEST INTEREST OF THE CHILD; OR (2)                                                      
10       NECESSARY TO PROTECT THE PRIVACY INTERESTS OF THE PARTIES                                                         
11       AND WILL NOT BE DETRIMENTAL TO THE CHILD.  THE PUBLIC SHALL BE                                                    
12       EXCLUDED FROM THE HEARING, BUT THE COURT, IN ITS DISCRETION,                                                      
13       MAY PERMIT INDIVIDUALS TO ATTEND A HEARING IF THEIR                                                               
14       ATTENDANCE IS COMPATIBLE WITH THE BEST INTERESTS OF THE                                                           
15       CHILD].                                                                                                           
16    * Sec. 12.  AS 47.10.070 is amended by adding new subsections to read:                                             
17            (c)  Except as provided in (e) of this section, the following hearings in child-in-                          
18       need-of-aid cases are closed to the public:                                                                       
19                 (1)  the initial court hearing after the filing of a petition to commence                               
20       the child-in-need-of-aid case;                                                                                    
21                 (2)  a hearing following the initial hearing in which a parent, child, or                               
22       other party to the case is present but has not had an opportunity to obtain legal                                 
23       representation;                                                                                                   
24                 (3)  a hearing, or a part of a hearing, for which the court issues a written                            
25       order finding that allowing the hearing, or part of the hearing, to be open to the public                         
26       would reasonably be expected to                                                                                   
27                      (A)  stigmatize or be emotionally damaging to a child;                                             
28                      (B)  inhibit a child's testimony in that hearing;                                                  
29                      (C)  disclose matters otherwise required to be kept confidential                                   
30            by state or federal statute or regulation, court order, or court rule; or                                    
31                      (D)  interfere with a criminal investigation or proceeding or a                                    
01            criminal defendant's right to a fair trial in a criminal proceeding; before ruling                           
02            on a request under this subparagraph, the court shall give notice and an                                     
03            opportunity to be heard to the state or a municipal agency that is assigned to                               
04            the criminal investigation or to the prosecuting attorney.                                                   
05            (d)  If a hearing, or part of a hearing, in a child-in-need-of-aid case is not                               
06       closed under (c) of this section, the court shall hear in camera any information offered                          
07       regarding the location, or readily leading to the location, of a parent, child, or other                          
08       party to the case who is a victim of domestic violence.  Access to testimony heard in                             
09       camera under this subsection is limited to the court and authorized court personnel.                              
10            (e)  The grandparents of the child and the foster parents or other out-of-home                               
11       care provider may attend hearings that are otherwise closed to the public under (c) of                            
12       this section.  However, the court shall limit the presence of these persons in a hearing                          
13       closed to the public to the time during which the person's testimony is being given if                            
14       the court determines that the limitation is necessary under (c)(3) of this section.  In this                      
15       subsection, "out-of-home care provider" means an agency or person, other than the                                 
16       child's legal parents, with whom a child who is in the custody of the state under                                 
17       AS 47.10.080(c)(1) or (3), 47.10.142, or AS 47.14.100(c) is currently placed; "agency                             
18       or person" includes a foster parent, an adult family member other than a parent, a                                
19       person who has petitioned for adoption of the child, and a residential child care                                 
20       facility.                                                                                                         
21            (f)  Notwithstanding any other provision of this chapter, a person attending a                               
22       hearing open to the public may not disclose a name, picture, or other information that                            
23       would readily lead to the identification of a child who is the subject of the child-in-                           
24       need-of-aid case.  At the beginning of the hearing, the court shall issue an order                                
25       specifying the restrictions necessary to comply with this subsection.  If a person                                
26       violates the order, the court may impose any appropriate sanction, including contempt                             
27       and closure of any further hearings in the case to the person.                                                    
28            (g)  Nothing contained in this section limits the rights of an adult family                                  
29       member under this title.                                                                                          
30    * Sec. 13.  AS 47.10.080(c) is amended to read:                                                                    
31            (c)  If the court finds that the child is a child in need of aid, the court shall                            
01                 (1)  order the child committed to the department for placement in an                                    
02       appropriate setting for a period of time not to exceed two years or in any event not to                       
03       extend past the date the child becomes 19 years of age, except that the department or                         
04       the child's guardian ad litem may petition for and the court may grant in a hearing                               
05                      (A)  one-year extensions of commitment that do not extend                                          
06            beyond the child's 19th birthday if the extension is in the best interests of the                            
07            child; and                                                                                                   
08                      (B)  an additional one-year period of state custody past [AGE]                                     
09            19 years of age if the continued state custody is in the best interests of the                           
10            person and the person consents to it;                                                                        
11                 (2)  order the child released to a parent, adult family member                                      
12       [RELATIVE], or guardian of the child or to another suitable person, and, in                                       
13       appropriate cases, order the parent, adult family member [RELATIVE], guardian, or                             
14       other person to provide medical or other care and treatment; if the court releases the                            
15       child, it shall direct the department to supervise the care and treatment given to the                            
16       child, but the court may dispense with the department's supervision if the court finds                            
17       that the adult to whom the child is released will adequately care for the child without                           
18       supervision; the department's supervision may not exceed two years or in any event                                
19       extend past the date the child reaches [AGE] 19 years of age, except that the                                 
20       department or the child's guardian ad litem may petition for and the court may grant in                           
21       a hearing                                                                                                         
22                      (A)  one-year extensions of supervision that do not extend                                         
23            beyond the child's 19th birthday if the extensions are in the best interests of the                          
24            child; and                                                                                                   
25                      (B)  an additional one-year period of supervision past [AGE] 19                                    
26            years of age if the continued supervision is in the best interests of the person                         
27            and the person consents to it; or                                                                            
28                 (3)  order, under the grounds specified in (o) of this section or                                       
29       AS 47.10.088, the termination of parental rights and responsibilities of one or both                              
30       parents and commit the child to the custody of the department, and the department                                 
31       shall report quarterly to the court on efforts being made to find a permanent placement                           
01       for the child.                                                                                                    
02    * Sec. 14.  AS 47.10.080(l) is amended to read:                                                                    
03            (l)  Within 12 months after the date a child enters foster care as calculated                                
04       under AS 47.10.088(f), the court shall hold a permanency hearing. The hearing and                                 
05       permanent plan developed in the hearing are governed by the following provisions:                                 
06                 (1)  the persons entitled to be heard under AS 47.10.070 or under (f) of                                
07       this section are also entitled to be heard at the hearing held under this subsection;                             
08                 (2)  when establishing the permanent plan for the child, the court shall                                
09       make appropriate written findings, including findings related to whether                                          
10                      (A)  and when the child should be returned to the parent or                                        
11            guardian;                                                                                                    
12                      (B)  the child should be placed for adoption or legal                                              
13            guardianship and whether a petition for termination of parental rights should be                             
14            filed by the department; and                                                                                 
15                      (C)  the child should be placed in another planned, permanent                                      
16            living arrangement and what steps are necessary to achieve the new                                           
17            arrangement;                                                                                                 
18                 (3)  if the court is unable to make a finding required under (2) of this                                
19       subsection, the court shall hold another hearing within a reasonable period of time;                              
20                 (4)  in addition to the findings required by (2) of this subsection, the                                
21       court shall also make appropriate written findings related to                                                     
22                      (A)  whether the department has made the reasonable efforts                                        
23            required under AS 47.10.086 to offer appropriate family support services to                                  
24            remedy the parent's or guardian's conduct or conditions in the home that made                                
25            the child a child in need of aid under this chapter;                                                         
26                      (B)  whether the parent or guardian has made substantial                                           
27            progress to remedy the parent's or guardian's conduct or conditions in the home                              
28            that made the child a child in need of aid under this chapter; [AND]                                         
29                      (C)  if the permanent plan is for the child to remain in out-of-                                   
30            home-care, whether the child's out-of-home placement continues to be                                         
31            appropriate and in the best interests of the child; and                                                  
01                      (D)  whether the department has made reasonable efforts to                                     
02            finalize the permanent plan for the child;                                                               
03                 (5)  the court shall hold a hearing to review the permanent plan at least                               
04       annually until successful implementation of the plan; if the plan approved by the court                           
05       changes after the hearing, the department shall promptly apply to the court for another                           
06       permanency hearing, and the court shall conduct the hearing within 30 days after                                  
07       application by the department.                                                                                    
08    * Sec. 15.  AS 47.10.080(p) is amended to read:                                                                  
09            (p)  If a child is removed from the parental home, the department shall provide                              
10       reasonable visitation between the child and the child's parents, guardian, and family.                            
11       When determining what constitutes reasonable visitation with a family member, the                                 
12       department shall consider the nature and quality of the relationship that existed                                 
13       between the child and the family member before the child was committed to the                                     
14       custody of the department.  The court may require the department to file a visitation                             
15       plan with the court.  The department may deny visitation to the parents, guardian, or                             
16       family members if there is clear and convincing evidence that visits are not in the                               
17       child's best interests.  If the department denies visitation to a parent or family                            
18       member of a child, the department shall inform the parent or family member of a                               
19       reason for the denial and of the parent's or family member's right to request a                               
20       review hearing as an interested person.  A parent, family member, or guardian who                         
21       is denied visitation may request a review hearing.  A non-party adult family                                  
22       member requesting a review hearing under this subsection is not eligible for                                  
23       publicly appointed legal counsel.                                                                             
24    * Sec. 16.  AS 47.10.080 is amended by adding new subsections to read:                                             
25            (t)  The court or a jury, if a jury trial is requested, may not terminate parental                           
26       rights solely on the basis that the parent did not complete treatment required of the                             
27       parent by the department for reunification with the child if the treatment required was                           
28       unavailable to the parent and the department did not provide the treatment.                                       
29            (u)  For a child who is placed in foster care, when the department finds that it                             
30       is in the best interest of a child and that the foster family will not be placed in undue                         
31       risk of harm, the department shall require foster parents to provide regular                                      
01       opportunities for visitation with the child by the parents of the child and encourage                             
02       foster parents to serve as mentors for facilitating family reunification.                                         
03            (v)  A hearing conducted under this section is open to the public unless an                                  
04       exception provided in AS 47.10.070(c) applies to make the hearing closed to the                                   
05       public or unless prohibited by federal or state statute or regulation.                                            
06    * Sec. 17.  AS 47.10.084(c) is amended to read:                                                                    
07            (c)  When there has been transfer of legal custody or appointment of a guardian                              
08       and parental rights have not been terminated by court decree, the parents shall have                              
09       residual rights and responsibilities.  These residual rights and responsibilities of the                          
10       parent include, but are not limited to, the right and responsibility of reasonable                                
11       visitation, consent to adoption, consent to marriage, consent to military enlistment,                             
12       consent to major medical treatment except in cases of emergency or cases falling                                  
13       under AS 25.20.025, and the responsibility for support, except if by court order any                              
14       residual right and responsibility has been delegated to a guardian under (b) of this                              
15       section.  In this subsection, "major medical treatment" includes the                                          
16       administration of medication used to treat a mental health disorder.                                          
17    * Sec. 18.  AS 47.10.088(i) is amended to read:                                                                    
18            (i)  The department shall concurrently identify, recruit, process, and approve a                             
19       qualified person or family for an adoption whenever a petition to terminate a parent's                            
20       rights to a child is filed.  Before approving a placement of the child for adoption                           
21       under this chapter, the department shall attempt to locate all living adult family                            
22       members of the child and to investigate the adult family members' ability to care                             
23       for the child.  The department shall provide to all adult family members of the                               
24       child located by the department written notice of the adult family members'                                   
25       rights under this chapter and of the procedures necessary to gain custody of the                              
26       child.  The department may not approve an adoption by a person or family who                                  
27       is not related to the child if an adult family member of the child requests that the                          
28       department approve the adult family member for the adoption, unless the                                       
29       adoption by the child's adult family member is not in the child's best interest, is                           
30       prohibited under (l) of this section, or is otherwise contrary to federal or state                            
31       law.  If the court issues an order to terminate under (j) of this section, the department                     
01       shall report within 30 days on the efforts being made to recruit a permanent placement                            
02       for the child if a permanent placement was not approved at the time of the trial under                            
03       (j) of this section.  The report must document recruitment efforts made for the child.                            
04    * Sec. 19.  AS 47.10.088 is amended by adding new subsections to read:                                             
05            (l)  The department may not approve an adoption by an adult family member if                                 
06       the department                                                                                                    
07                 (1)  makes a determination, supported by clear and convincing                                           
08       evidence, that adoption of the child by the adult family member will result in physical                           
09       or mental injury to the child; in making that determination, poverty, including                                   
10       inadequate or crowded housing, on the part of the adult family member is not                                      
11       considered prima facie evidence that physical or mental injury to the child will occur;                           
12                 (2)  determines that a member of the adult family member's household                                    
13       who is 12 years of age or older was the perpetrator in a substantiated report of abuse                            
14       under AS 47.17; or                                                                                                
15                 (3)  determines that a member of the adult family member's household                                    
16       who is 12 years of age or older is under arrest for, is charged with, has been convicted                          
17       of, or has been found not guilty by reason of insanity of, a serious offense;                                     
18       notwithstanding this paragraph, the department may approve an adoption by the adult                               
19       family member if the adult family member demonstrates to the satisfaction of the                                  
20       department that conduct described in this paragraph occurred at least five years before                           
21       the intended adoption and the conduct                                                                             
22                      (A)  did not involve a victim who was under 18 years of age at                                     
23            the time of the conduct;                                                                                     
24                      (B)  was not a crime of domestic violence as defined in                                            
25            AS 18.66.990; and                                                                                            
26                      (C)  was not a violent crime under AS 11.41.100 - 11.41.455 or                                     
27            a law or ordinance of another jurisdiction having similar elements.                                          
28            (m)  For the purpose of determining whether the home of an adult family                                      
29       member meets the requirements for adoption of the child, the department shall conduct                             
30       a criminal background check from state and national criminal justice information                                  
31       available under AS 12.62.  The department may conduct a fingerprint background                                    
01       check on any member of the adult family member's household who is 12 years of age                                 
02       or older when the adult family member requests adoption of the child.  For the                                    
03       purposes of obtaining criminal justice information under this subsection, the                                     
04       department is a criminal justice agency conducting a criminal justice activity under                              
05       AS 12.62.                                                                                                         
06            (n)  An adult family member who is denied a request for an adoption under (i)                                
07       of this section may request a review hearing by the court.  If the department denies a                            
08       request by an adult family member to adopt a child under (i) of this section, the                                 
09       department shall inform the adult family member of the reason for the denial and of                               
10       the adult family member's right to request a review hearing.  A non-party adult family                            
11       member requesting a review hearing under this subsection is not eligible for publicly                             
12       appointed legal counsel.                                                                                          
13            (o)  A trial or hearing conducted under this section is open to the public unless                            
14       an exception provided in AS 47.10.070(c) applies to make the trial or hearing closed                              
15       to the public.  The court shall uphold the department's decision under this section if the                        
16       court finds, by clear and convincing evidence, that the decision is in the best interest of                       
17       the child and otherwise complies with the requirements of this section.                                           
18    * Sec. 20.  AS 47.10 is amended by adding a new section to read:                                                   
19            Sec. 47.10.089.  Voluntary relinquishment of parental rights and                                           
20       responsibilities.  (a)  When a child is committed to the custody of the department                              
21       under AS 47.10.080(c)(1) or (3) or released under AS 47.10.080(c)(2), the rights of a                             
22       parent with respect to the child, including parental rights to control the child, to                              
23       withhold consent to an adoption, or to receive notice of a hearing on a petition for                              
24       adoption, may be voluntarily relinquished to the department and the relationship of                               
25       parent and child terminated in a proceeding as provided under this section.                                       
26            (b)  A voluntary relinquishment must be in writing and signed by a parent,                                   
27       regardless of the age of the parent, in the presence of a representative of the                                   
28       department or in the presence of  a court of competent jurisdiction with the knowledge                            
29       and approval of the department.  A copy of the signed relinquishment shall be given to                            
30       the parent.                                                                                                       
31            (c)  A voluntary relinquishment may be withdrawn within 10 days after it is                                  
01       signed.  The relinquishment is invalid unless the relinquishment contains the right of                            
02       withdrawal as specified under this subsection.                                                                    
03            (d)  A parent may retain privileges with respect to the child, including the                                 
04       ability to have future contact, communication, and visitation with the child in a                                 
05       voluntary relinquishment executed under this section.  A retained privilege must be in                            
06       writing and stated with specificity.                                                                              
07            (e)  Not less than 10 days after a voluntary relinquishment is signed, the court                             
08       shall enter an order terminating parental rights if the court determines that termination                         
09       of parental rights under the terms of the relinquishment is in the child's best interest.                         
10       If a parent has retained one or more privileges under (d) of this section, the court shall                        
11       incorporate the retained privileges in the termination order with a recommendation                                
12       that the retained privileges be incorporated in an adoption or legal guardianship                                 
13       decree.                                                                                                           
14            (f)  A voluntary relinquishment may not be withdrawn and a termination order                                 
15       may not be vacated on the ground that a retained privilege has been withheld from the                             
16       relinquishing parent or that the relinquishing parent has been unable, for any reason, to                         
17       act on a retained privilege, except as provided in Rule 60(b), Alaska Rules of Civil                              
18       Procedure.                                                                                                        
19            (g)  After a termination order is entered, a person who has voluntarily                                      
20       relinquished parental rights under this section may request a review hearing, upon a                              
21       showing of good cause, to seek enforcement or modification of or to vacate a privilege                            
22       retained in the termination order.  The court may modify, enforce, or vacate the                                  
23       retained privilege if the court finds, by clear and convincing evidence, that it is in the                        
24       best interest of the child to do so.                                                                              
25            (h)  After a termination order is entered and before the entry of an adoption or                             
26       legal guardianship decree, a person who voluntarily relinquished parental rights to a                             
27       child under this section may request a review hearing, upon a showing of good cause,                              
28       to vacate the termination order and reinstate parental rights relating to that child.  A                          
29       court shall vacate a termination order if the person shows, by clear and convincing                               
30       evidence, that reinstatement of parental rights is in the best interest of the child and                          
31       that the person is rehabilitated and capable of providing the care and guidance that will                         
01       serve the moral, emotional, mental, and physical welfare of the child.                                            
02            (i)  A person who relinquished parental rights is entitled to the appointment of                             
03       an attorney if a hearing is requested under (g), (h), or (j) of this section to the same                          
04       extent as if the parent's rights had not been terminated in a child-in-need-of-aid                                
05       proceeding.                                                                                                       
06            (j)  After a termination order is entered and before the entry of an adoption or                             
07       legal guardianship decree, a prospective adoptive parent or a guardian of the child may                           
08       request, after providing notice as specified under this subsection, that the court decline                        
09       to incorporate a privilege retained in a termination order and recommended for                                    
10       incorporation in an adoption or guardianship decree under (e) of this section.  If the                            
11       person who has relinquished parental rights to the child who is the subject of the                                
12       adoption or guardianship decree did not waive rights to notice of adoption under (a) of                           
13       this section, the request made under this subsection may only be considered by the                                
14       court after providing at least 20 days' notice by certified mail to the last known address                        
15       of the person who has voluntarily relinquished parental rights to the child.  The notice                          
16       under this subsection must describe the request and explain that the recipient of the                             
17       notice may submit a written statement under penalty of perjury to the court that the                              
18       recipient either agrees with or opposes the request.  The notice must also include the                            
19       deadline for submitting the statement and the mailing address of the court.  The court                            
20       may decline to incorporate a retained privilege if the person who retained the privilege                          
21       agrees with the request or if the court finds that it is in the child's best interest.                            
22    * Sec. 21.  AS 47.10.090(c) is amended to read:                                                                    
23            (c)  Within 30 days after [OF] the date of a child's [MINOR'S] 18th birthday                         
24       or, if the court retains jurisdiction of a child [MINOR] past the child's [MINOR'S]                       
25       18th birthday, within 30 days after [OF] the date on which the court releases                                 
26       jurisdiction over the child [MINOR], the court shall order all the court's official                           
27       records pertaining to that child [MINOR] in a proceeding under this chapter sealed.  A                        
28       person may not use these sealed records unless authorized by order of [FOR ANY                                
29       PURPOSE EXCEPT THAT] the court upon a finding of [MAY ORDER THEIR                                             
30       USE FOR] good cause [SHOWN].                                                                                      
31    * Sec. 22.  AS 47.10.090(d) is amended to read:                                                                    
01            (d)  Except as provided in AS 47.10.070, 47.10.080(v), and 47.10.093, the                                
02       [THE] name or picture of a child [MINOR] under the jurisdiction of the court may not                          
03       be made public in connection with the child's [MINOR'S] status as a child in need of                          
04       aid unless authorized by order of the court or unless to implement the permanency                             
05       plan for a child after all parental rights of custody have been terminated.  This                             
06       subsection does not prohibit the release of aggregate information for statistical or                          
07       other informational purposes if the identity of any particular person is not                                  
08       revealed by the release.                                                                                      
09    * Sec. 23.  AS 47.10.092(a) is amended to read:                                                                    
10            (a)  Notwithstanding AS 47.10.090 and 47.10.093, an adult family member                                  
11       [A PARENT] or legal guardian of a child subject to a proceeding under AS 47.10.005                                
12       - 47.10.142 may disclose confidential or privileged information about the child or the                            
13       child's family, including information that has been lawfully obtained from agency or                              
14       court files, to the governor, the lieutenant governor, a legislator, the ombudsman                                
15       appointed under AS 24.55, the attorney general, and the commissioner                                          
16       [COMMISSIONERS] of health and social services, administration, or public safety, or                               
17       an employee of these persons, for review or use in their official capacities.  The                                
18       Department of Health and Social Services and the Department of Administration                                 
19       [DEPARTMENT] shall disclose additional confidential or privileged information,                                
20       excluding privileged attorney-client information and the name and other                                       
21       identifying information of a mandatory reporter under AS 47.17, and make copies                               
22       of documents available for inspection about the child or the child's family to these                              
23       state officials or employees for review or use in their official capacities upon request                          
24       of the official or employee and submission of satisfactory evidence that a parent or                              
25       legal guardian of the child has requested the state official's assistance in the case as                          
26       part of the official's duties.  A person to whom disclosure is made under this section                            
27       may not disclose confidential or privileged information, including attorney-client                            
28       information if the person has an attorney-client relationship with the child or the                           
29       child's family, about the child or the child's family to a person not authorized to                           
30       receive it.                                                                                                       
31    * Sec. 24.  AS 47.10.092 is amended by adding new subsections to read:                                             
01            (d)  The departments' obligations under (a) of this section to disclose                                      
02       information and provide copies, and the obligations not to disclose certain confidential                          
03       or privileged information, remain in effect throughout the period that the child is in the                        
04       custody of the department, including after the parent's parental rights have been                                 
05       terminated with respect to the child, unless another parent or legal guardian of the                              
06       child subsequently files a notice with the Department of Health and Social Services                               
07       that the assistance of the state official or employee is no longer requested.                                     
08            (e)  The Department of Health and Social Services shall notify an official                                   
09       identified under (a) of this section of the opportunity for a parent to file a grievance                          
10       under AS 47.10.098 when the official is denied access to all or part of a requested                               
11       record.                                                                                                           
12    * Sec. 25.  AS 47.10.093(a) is amended to read:                                                                    
13            (a)  Except as specified in AS 47.10.092 and in (b) - (g) and (k) - (n) [(b) -                           
14       (g)] of this section and as provided in a notice to all parties in a child-in-need-of-                        
15       aid proceeding under applicable court rules, all information and social records                               
16       pertaining to a child [MINOR] who is subject to this chapter or AS 47.17 prepared by                          
17       or in the possession of a federal, state, or municipal agency or employee in the                                  
18       discharge of the agency's or employee's official duty are privileged and may not be                               
19       disclosed directly or indirectly to anyone without a court order.                                                 
20    * Sec. 26.  AS 47.10.093(b) is amended to read:                                                                    
21            (b)  A state or municipal agency or employee shall disclose appropriate                                      
22       confidential information regarding a case to                                                                  
23                 (1)  a guardian ad litem appointed by the court;                                                        
24                 (2)  a person or an agency requested by the department or the child's                                   
25       legal custodian to provide consultation or services for a child who is subject to the                             
26       jurisdiction of the court under AS 47.10.010 as necessary to enable the provision of                              
27       the consultation or services;                                                                                     
28                 (3)  a foster parent [PARENTS] or relative [RELATIVES] with                                 
29       whom the child is placed by the department as [MAY BE] necessary to enable the                                    
30       foster parent [PARENTS] or relative [RELATIVES] to provide appropriate care to                        
31       [FOR] the child [WHO IS THE SUBJECT OF THE CASE], to protect the safety of                                        
01       the child [WHO IS THE SUBJECT OF THE CASE], and to protect the safety and                                         
02       property of family members and visitors of the foster parent [PARENTS] or relative                        
03       [RELATIVES];                                                                                                      
04                 (4)  a school official [OFFICIALS] as [MAY BE] necessary to enable                              
05       the school to provide appropriate counseling and support services to a [THE] child                            
06       who is the subject of the case, to protect the safety of the child [WHO IS THE                                    
07       SUBJECT OF THE CASE], and to protect the safety of school students and staff;                                     
08                 (5)  a governmental agency as [MAY BE] necessary to obtain that                                         
09       agency's assistance for the department in its investigation or to obtain physical custody                         
10       of a child;                                                                                                       
11                 (6)  a law enforcement agency of this state or another jurisdiction as                                  
12       [MAY BE] necessary for the protection of any child or for actions by that agency to                               
13       protect the public safety;                                                                                        
14                 (7)  a member [MEMBERS] of a multidisciplinary child protection                                     
15       team created under AS 47.14.300 as [MAY BE] necessary for the performance of the                              
16       member's [THEIR] duties;                                                                                      
17                 (8)  the state medical examiner under AS 12.65 as [MAY BE]                                              
18       necessary for the performance of the duties of the state medical examiner;                                        
19                 (9)  a person who has made a report of harm as required by                                              
20       AS 47.17.020 to inform the person that the investigation was completed and of action                              
21       taken to protect the child who was the subject of the report; [AND]                                               
22                 (10)  the child support services agency established in AS 25.27.010 as                                  
23       [MAY BE] necessary to establish and collect child support for a child who is a child in                           
24       need of aid under this chapter;                                                                               
25                 (11)  a caregiver of a child or an entity responsible for ensuring the                              
26       safety of children as necessary to protect the safety of a child; and                                         
27                 (12)  a review panel established by the department, the legislature,                                
28       or the governor for the purpose of reviewing the actions taken by the department                              
29       in a specific case.                                                                                           
30    * Sec. 27.  AS 47.10.093(c) is repealed and reenacted to read:                                                     
31            (c)  A state or municipal law enforcement agency shall disclose information                                  
01       regarding a case that is needed by the person or agency charged with making a                                     
02       preliminary investigation for the information of the court under AS 47.10.020.                                    
03    * Sec. 28.  AS 47.10.093(f) is amended to read:                                                                    
04            (f)  The department may release to a person with a legitimate interest                                       
05       confidential information relating to children [MINORS] not subject to the                                 
06       jurisdiction of the court under AS 47.10.010. [THE DEPARTMENT SHALL ADOPT                                         
07       REGULATIONS GOVERNING THE RELEASE OF INFORMATION AND                                                              
08       IDENTIFYING A SUFFICIENT LEGITIMATE INTEREST.]                                                                    
09    * Sec. 29.  AS 47.10.093(g) is amended to read:                                                                    
10            (g)  The department and affected law enforcement agencies shall work with                                    
11       school districts and private schools to develop procedures for the disclosure of                                  
12       confidential information to a school official [OFFICIALS] under (b)(4) of this                        
13       section.  The procedures must provide a method for informing the principal or the                                 
14       principal's designee of the school that the student attends as soon as it is reasonably                       
15       practicable.                                                                                                      
16    * Sec. 30.  AS 47.10.093 is amended by adding new subsections to read:                                             
17            (k)  The Department of Health and Social Services and the Department of                                      
18       Administration may disclose to the public, upon request, confidential information, as                             
19       set out in (l) of this section, when                                                                              
20                 (1)  the parent or guardian of a child who is the subject of a report of                                
21       harm under AS 47.17 has made a public disclosure concerning the department's                                      
22       involvement with the family;                                                                                      
23                 (2)  the alleged perpetrator named in a report of harm under AS 47.17                                   
24       has been charged with a crime concerning the alleged abuse or neglect; or                                         
25                 (3)  a report of harm under AS 47.17 has resulted in the fatality or near                               
26       fatality of that child.                                                                                           
27            (l)  The type of information that may be publicly disclosed under (k) of this                                
28       section is information related to the determination, if any, made by the department                               
29       regarding the validity of a report of harm under AS 47.17 and the department's                                    
30       activities arising from the department's investigation of the report.  The department                             
31                 (1)  may withhold disclosure of the child's name, picture, or other                                     
01       information that would readily lead to the identification of the child if the department                          
02       determines that the disclosure would be contrary to the best interests of the child, the                          
03       child's siblings, or other children in the child's household; or                                                  
04                 (2)  after consultation with a prosecuting attorney, may withhold                                       
05       disclosure of information that would reasonably be expected to interfere with a                                   
06       criminal investigation or proceeding or a criminal defendant's right to a fair trial in a                         
07       criminal proceeding.                                                                                              
08            (m)  Except for a disclosure made under (k) of this section, a person to whom                                
09       disclosure is made under this section may not disclose confidential information about                             
10       the child or the child's family to a person not authorized to receive it.                                         
11            (n)  The Department of Health and Social Services and the Department of                                      
12       Administration may adopt regulations to implement and interpret the duties of the                                 
13       respective department under this section, including regulations governing the release                             
14       of confidential information and identifying a sufficient legitimate interest under (f) of                         
15       this section.                                                                                                     
16            (o)  A person may not bring an action for damages against the state, the                                     
17       commissioner, or the commissioner's designee based on the disclosure or                                           
18       nondisclosure of information under (k) of this section except for civil damages                                   
19       resulting from gross negligence or reckless or intentional misconduct.                                            
20    * Sec. 31.  AS 47.10 is amended by adding new sections to read:                                                    
21            Sec. 47.10.098.  Grievance procedure.  (a)  The department shall develop, in                             
22       regulation, a grievance procedure for a parent to file a complaint based on                                       
23                 (1)  the application of a department policy or procedure under this                                     
24       chapter;                                                                                                          
25                 (2)  compliance with this chapter or a regulation adopted under this                                    
26       chapter; or                                                                                                       
27                 (3)  an act or failure to act by the department under this chapter.                                     
28            (b)  The department shall prepare and distribute to each parent of a child who                               
29       is under the jurisdiction of the department a written copy of the grievance procedure                             
30       developed under (a) of this section.                                                                              
31    * Sec. 32.  AS 47.10.960 is repealed and reenacted to read:                                                        
01            Sec. 47.10.960.  Civil liability.  Failure to comply with a provision of this title                        
02       does not constitute a basis for civil liability for damages.                                                      
03    * Sec. 33.  AS 47.10.990(16) is amended to read:                                                                   
04                 (16)  "mental health professional" has the meaning given in                                             
05       AS 47.30.915, except that, if the child is placed in another state by the                                     
06       department, "mental health professional" also includes a professional listed in                               
07       the definition of "mental health professional" in AS 47.30.915 who is not licensed                            
08       to practice by a board of this state but is licensed by a corresponding licensing                             
09       authority to practice in the state in which the child is placed;                                              
10    * Sec. 34.  AS 47.10.990 is amended by adding new paragraphs to read:                                              
11                 (28)  "adult family member" means a person who is 18 years of age or                                    
12       older and who is related to the child as the child's legal parent, grandparent, aunt,                             
13       uncle, or sibling;                                                                                                
14                 (29)  "family member" means a person of any age who is related to the                                   
15       child as the child's legal parent, grandparent, aunt, uncle, or sibling;                                          
16                 (30)  "near fatality" means physical injury or other harm, as certified by                              
17       a physician, caused by an act or omission that created a substantial risk of death.                               
18    * Sec. 35.  AS 47.12.990(10) is amended to read:                                                                   
19                 (10)  "mental health professional" has the meaning given in                                             
20       AS 47.30.915, except that, if the minor is placed in another state by the                                     
21       department, "mental health professional" also includes a professional listed in                               
22       the definition of "mental health professional" in  AS 47.30.915 who is not licensed                           
23       to practice by a board of this state but is licensed by a corresponding licensing                             
24       authority to practice in the state in which the minor is placed;                                              
25    * Sec. 36.  AS 47.14.100(e) is amended to read:                                                                    
26            (e)  If an adult family member or a family friend [A CHILD MAY NOT BE                                    
27       PLACED IN A FOSTER HOME OR IN THE CARE OF AN AGENCY OR                                                            
28       INSTITUTION PROVIDING CARE FOR CHILDREN IF A RELATIVE BY                                                          
29       BLOOD OR MARRIAGE] requests placement of the child in the [RELATIVE'S]                                            
30       home of the adult family member or family friend, and the parent or guardian of                               
31       the child agrees to the placement, a child may not be placed in a foster home that                            
01       is not operated by the adult family member or family friend and may not be                                    
02       placed in the care of an agency or institution providing care for children.                                   
03       Nothing in this subsection waives the requirement that a family friend be licensed                            
04       as a foster home before a child is place with a family friend.  However, the                                  
05       department may retain custody of the child and provide for the child's [ITS]                                  
06       placement in the same manner as for other children if the department                                              
07                 (1)  makes a determination, supported by clear and convincing                                           
08       evidence, that placement of the child with the adult family member or family friend                           
09       [RELATIVE] will result in physical or mental injury; in making that determination,                                
10       poverty, including inadequate or crowded housing, on the part of the adult family                             
11       member or family friend [, BLOOD RELATIVE] is not considered prima facie                                      
12       evidence that physical or emotional damage to the child will occur; this determination                            
13       may be appealed to the superior court to hear the matter de novo;                                                 
14                 (2)  determines that a member of an adult family member's or family                                 
15       friend's [THE RELATIVE'S] household who is 12 years of age or older was the                                   
16       perpetrator in a substantiated report of abuse under AS 47.17; [OR]                                               
17                 (3)  determines that a member of an adult family member's or family                                 
18       friend's [THE RELATIVE'S] household who is 12 years of age or older is under                                  
19       arrest for, charged with, has been convicted of, or has been found not guilty by reason                           
20       of insanity of, a serious offense; notwithstanding this paragraph, the department may                             
21       place or continue the placement of a child at the adult family member's or family                             
22       friend's [RELATIVE'S] home if the adult family member or family friend                                    
23       [RELATIVE] demonstrates to the satisfaction of the department that conduct                                        
24       described in this paragraph occurred at least five years before the intended placement                            
25       and the conduct                                                                                                   
26                      (A)  did not involve a victim who was under 18 years of age at                                     
27            the time of the conduct;                                                                                     
28                      (B)  was not a crime of domestic violence as defined in                                            
29            AS 18.66.990; and                                                                                            
30                      (C)  was not a violent crime under AS 11.41.100 - 11.41.455 or                                     
31            a law or ordinance of another jurisdiction having similar elements;                                      
01                 (4)  determines that placement under this section with an adult                                     
02       family member or a family friend is in the best interest of the child over the                                
03       objection of the parent or guardian; or                                                                       
04                 (5)  determines that the parent's or guardian's preference is not                                   
05       appropriate because placement of the child would not be in the child's best                                   
06       interest and the child would not be located near the parent for purposes of                                   
07       visitation or reunification.                                                                                  
08    * Sec. 37.  AS 47.14.100(f) is amended to read:                                                                  
09            (f)  If an adult family member [A BLOOD RELATIVE] of the child                                           
10       specified under (e) of this section exists and agrees that the child should be placed                             
11       elsewhere, before placement elsewhere, the department shall fully communicate the                                 
12       nature of the placement proceedings to the adult family member [RELATIVE].                                    
13       Communication under this subsection shall be made in the adult family member's                                
14       [RELATIVE'S] native language, if necessary.  [NOTHING IN THIS SUBSECTION                                          
15       OR IN (e) OF THIS SECTION APPLIES TO CHILD PLACEMENT FOR                                                          
16       ADOPTIVE PURPOSES.]                                                                                               
17    * Sec. 38.  AS 47.14 is amended by adding a new section to article 3 to read:                                      
18            Sec. 47.14.205.  State Citizen Review Panel.  (a)  There is established within                             
19       the department a Citizen Review Panel.  The panel shall be composed of volunteer                                  
20       members who are broadly representative of the state, including members who have                                   
21       expertise in the prevention and treatment of child abuse and neglect.                                             
22            (b)  The panel shall meet not less than once every three months.  Meetings may                               
23       take place telephonically and shall be closed to the public.                                                      
24    * Sec. 39.  AS 47.14 is amended by adding a new section to article 3 to read:                                      
25            Sec. 47.14.215.  Duties of the state panel.  (a)  The state panel shall evaluate                           
26       the extent to which the department is effectively discharging its child protection                                
27       responsibilities under                                                                                            
28                 (1)  the state plan submitted to the United States Department of Health                                 
29       and Human Services under 42 U.S.C. 5106a(b);                                                                      
30                 (2)  child protection standards under federal and state laws; and                                       
31                 (3)  any other criteria that the panel considers important to ensuring the                              
01       protection of children, including the level and efficiency of coordination of foster care                         
02       and adoption programs in the state and a review of child fatalities and near fatalities.                          
03            (b)  In carrying out the responsibilities under (a) of this section, the state panel                         
04       shall examine the policies, procedures, and practices of the department, and, where                               
05       appropriate, evaluate specific cases of child abuse or neglect.                                                   
06            (c)  The commissioner shall, by regulation, establish policies and procedures                                
07       necessary to carrying out the duties of the state panel under this section.                                       
08    * Sec. 40.  AS 47.14 is amended by adding a new section to article 3 read:                                         
09            Sec. 47.14.225.  Cooperation with state panel.   (a)  The department shall                                 
10       provide the panel access to information on child abuse or neglect cases that is                                   
11       necessary for the panel to carry out its duties under AS 47.14.215.                                               
12            (b)  The department shall serve as staff to the state panel as requested by the                              
13       panel members.                                                                                                    
14    * Sec. 41.  AS 47.14 is amended by adding a new section to article 3 to read:                                      
15            Sec. 47.14.235.  Confidentiality.    The members and staff of the state panel                              
16       may not disclose to any person, including a government agency or official, records or                             
17       other information containing personally identifying or other information made                                     
18       confidential under state or federal law about a child or a witnesses involved in a case                           
19       under review by the panel.                                                                                        
20    * Sec. 42.  AS 47.14 is amended by adding a new section to article 3 to read:                                      
21            Sec. 47.14.245.  Public outreach.  The state panel shall conduct public                                    
22       outreach and gather public comment on current department procedures and practices                                 
23       involving children and family services.                                                                           
24    * Sec. 43.  AS 47.14 is amended by adding a new section to article 3 to read:                                      
25            Sec. 47.14.255.  Report.  (a)  The state panel shall prepare and make available                            
26       to the governor, the legislature, and to the public an annual report containing a                                 
27       summary of the activities of the panel conducted under AS 47.14.205 - 47.14.295 and                               
28       recommendations for the improvement of child protection services in the state.                                    
29            (b)  Not later than six months after the date on which the report is released                                
30       under (a) of this section, the department shall submit a written response to the report.                          
31       The department's response must include a description of whether and how the                                       
01       department will incorporate the recommendations of the panel, where appropriate.                                  
02    * Sec. 44.  AS 47.14 is amended by adding a new section to article 3 to read:                                      
03            Sec. 47.14.265. Civil penalty for violation of AS 47.14.235.  A violation                                  
04       under 47.14.235 is subject to a civil penalty of up to $2,500 for each violation.                                 
05    * Sec. 45.  AS 47.14 is amended by adding a new section to article 3 to read:                                      
06            Sec.  47.14.275.  Immunity.  A member of the state panel and a person who                                  
07       furnishes services to or advises the state panel is not liable for damages or other relief                        
08       in an action involving the performance or failure to perform a duty or other activity of                          
09       the state panel.                                                                                                  
10    * Sec. 46.  AS 47.14 is amended by adding a new section to article 3 to read:                                    
11            Sec. 47.14.295.  Definitions.  In AS 47.14.205 - 47.14.295,                                                
12                 (1)  "adult family member" has the meaning given in AS 47.10.990;                                       
13                 (2)  "near fatality" has the meaning given in AS 47.10.990;                                             
14                 (3)  "state panel" means the Citizen Review Panel established under                                     
15       AS 47.14.205.                                                                                                     
16    * Sec. 47.  AS 47.17.025 is amended by adding a new subsection to read:                                            
17            (c)  Within 20 days after receiving a report of harm, whether or not the matter                              
18       is referred to a local government agency, the department shall notify the person who                              
19       made the report and who made a request to be notified, about the status of the                                    
20       investigation, without disclosing any confidential information.                                                 
21    * Sec. 48.  AS 47.17.027(a) is amended to read:                                                                    
22            (a)  If the department or a law enforcement agency provides written                                          
23       certification to the child's school officials that (1) there is reasonable cause to suspect                       
24       that the child has been abused or neglected by a person responsible for the child's                               
25       welfare or as a result of conditions created by a person responsible for the child's                              
26       welfare; (2) an interview at school is a necessary part of an investigation to determine                          
27       whether the child has been abused or neglected; and (3) the interview at school is in                             
28       the best interests of the child, school officials shall permit the child to be interviewed                        
29       at school by the department or a law enforcement agency before notification of, or                                
30       receiving permission from, the child's parent, guardian, or custodian. A school official                          
31       shall be present during an interview at the school unless the child objects or the                                
01       department or law enforcement agency determines that the presence of the school                                   
02       official will interfere with the investigation.  The interview shall be conducted as                          
03       required under AS 47.17.033.  Immediately after conducting an interview authorized                            
04       under this section, and after informing the child of the intention to notify the child's                          
05       parent, guardian, or custodian, the department or agency shall make every reasonable                              
06       effort to notify the child's parent, guardian, or custodian that the interview occurred                           
07       unless it appears to the department or agency that notifying the child's parent,                                  
08       guardian, or custodian would endanger the child.                                                                  
09    * Sec. 49.  AS 47.17.033 is amended by adding new subsections to read:                                             
10            (c)  An investigation by the department of child abuse or neglect reported                                   
11       under this chapter shall be conducted by a person trained to conduct a child abuse and                            
12       neglect investigation and without subjecting a child to more than one interview about                             
13       the abuse or neglect except when new information is obtained that requires further                                
14       information from the child.                                                                                       
15            (d)  An interview of a child conducted as a result of a report of harm may be                                
16       audiotaped or videotaped.  However, if an interview of a child is to be electronically                            
17       recorded and the interview concerns a report of sexual abuse of the child, the interview                          
18       shall be videotaped, except that an interview of a child may not be videotaped if                                 
19       videotaping the interview is impracticable or will, in the opinion of the investigating                           
20       agency, result in trauma to the child.                                                                            
21            (e)  An interview of a child that is audiotaped or videotaped under (d) of this                              
22       section shall be conducted                                                                                        
23                 (1)  by a person trained and competent to conduct the interview;                                        
24                 (2)  if available, at a child advocacy center; and                                                      
25                 (3)  by a person who is a party to a memorandum of understanding with                                   
26       the department to conduct the interview or who is employed by an agency that is                                   
27       authorized to conduct investigations.                                                                             
28            (f)  An interview of a child may not be videotaped more than one time unless                                 
29       the interviewer or the investigating agency determines that one or more additional                                
30       interviews are necessary to complete an investigation.  If additional interviews are                              
31       necessary, the additional interviews shall be conducted, to the extent possible, by the                           
01       same interviewer who conducted the initial interview of the child.                                                
02            (g)  A recorded interview of a child shall be preserved in the manner and for a                              
03       period provided by law for maintaining evidence and records of a public agency.                                   
04            (h)  A recorded interview of a child is subject to disclosure under the                                      
05       applicable court rules for discovery in a civil or criminal case.                                                 
06    * Sec. 50.  AS 47.18.300(a) is amended to read:                                                                    
07            (a)  The department, in coordination with local public and private agencies,                                 
08       shall design, develop, and implement a foster care transition program to provide                                  
09       support and services to individuals who                                                                           
10                 (1)  reach or have reached the age of 16 or older while in state foster                                 
11       care and have not yet reached 23 years of age [THE AGE OF 21]; and                                            
12                 (2)  meet other eligibility criteria established by the department under                                
13       (b) of this section.                                                                                              
14    * Sec. 51.  The uncodified law of the State of Alaska is amended by adding a new section to                        
15 read:                                                                                                                   
16            DIRECT COURT RULE AMENDMENT.  Rule 3(c), Alaska Child in Need of                                             
17       Aid Rules of Procedure, is amended to read:                                                                       
18            (c)  Presence of Grandparent or Foster Parent. A grandparent of a child                            
19       and the foster parent or other out-of-home care provider are [IS] entitled to be heard                    
20       at any hearing at which the person is present.  However, the court may limit the                                  
21       presence of these persons in a hearing that has been closed to the public under                               
22       (f)(2) of this rule [THE FOSTER PARENT OR CARE PROVIDER] to the time                                          
23       during which the person's testimony is being given if the court determines that such                          
24       a limitation is necessary under the circumstances listed in (f)(2)(C) of this rule [IT                        
25       IS (1) IN THE BEST INTEREST OF THE CHILD; OR (2) NECESSARY TO                                                     
26       PROTECT THE PRIVACY INTERESTS OF THE PARTIES AND WILL NOT BE                                                      
27       DETRIMENTAL TO THE CHILD].                                                                                        
28    * Sec. 52.  The uncodified law of the State of Alaska is amended by adding a new section to                        
29 read:                                                                                                                   
30            DIRECT COURT RULE AMENDMENT.  Rule 3(f), Alaska Child in Need of                                             
31       Aid Rules of Procedure, is repealed and reenacted to read:                                                        
01            (f)  General Public Access to Hearings.                                                                    
02                 (1)  Except as provided in (2) of this paragraph, and unless prohibited                                 
03       by federal or state statute or regulation, court order, or other court rule, hearings are                         
04       open to the public.                                                                                               
05                 (2)  The following hearings are closed to the public:                                                   
06                      (A)  the initial court hearing after the filing of a petition that                                 
07            begins the child-in-need-of-aid case;                                                                        
08                      (B)  a hearing following the initial hearing in which a parent,                                    
09            child, or other party to the case is present but has not had an opportunity to                               
10            obtain legal representation;                                                                                 
11                      (C)  a hearing, or a part of a hearing, for which the court issues                                 
12            a written order finding that allowing the hearing, or part of the hearing, to be                             
13            open to the public would reasonably be expected to stigmatize or be                                          
14            emotionally damaging to a child; inhibit a child's testimony in the hearing;                                 
15            disclose matters otherwise required to be kept confidential by state or federal                              
16            statute or regulation, court order, or court rule; or interfere with a criminal                              
17            investigation or proceeding or a criminal defendant's right to a fair trial in a                             
18            criminal proceeding.                                                                                         
19                 (3)  Before ruling on a request under (2)(C) of this paragraph                                          
20       concerning potential interference with a criminal investigation or proceeding, the court                          
21       shall give notice and an opportunity to be heard to the state or a municipal agency that                          
22       is assigned to the criminal investigation or to the prosecuting attorney.                                         
23                 (4)  If the court closes a hearing to the public under (2)(C) of this                                   
24       paragraph, the court shall close only the portions of the hearing necessary to prevent                            
25       the potential harm listed in (2)(C) of this paragraph.  If a hearing, or part of a hearing,                       
26       is open to the public, the court shall hear in camera any information offered regarding                           
27       the location, or readily leading to the location, of a parent, child, or other party to the                       
28       case who is a victim of domestic violence.  Access to testimony heard in camera under                             
29       this subparagraph is limited to the court and authorized court personnel.                                         
30                 (5)  Notwithstanding any other provision of this rule, the court shall                                  
31       issue an order to prohibit all persons in a hearing open to the public from disclosing to                         
01       any person a name, picture, or other information that would readily lead to the                                   
02       identification of a child who is the subject of the proceeding.  If a person violates the                         
03       order, the court may impose any appropriate sanction, including contempt and closure                              
04       of any further hearings in the proceeding to the person.                                                          
05                 (6)  A party to the proceeding may move the court to close to the public                                
06       a hearing, or part of the hearing, to avoid the harm specified in (2)(C) of this                                  
07       paragraph.  A member of the public may request in writing to be served with a motion                              
08       filed under this subparagraph.  If such a request has been filed in advance of the filing                         
09       of the motion, the party filing the motion must also serve the member of the public                               
10       who requested notice under this subparagraph.  The court may waive the service                                    
11       required under this subparagraph to a member of the public if a motion to close the                               
12       hearing, or part of the hearing, is made under this subparagraph immediately before or                            
13       during the hearing and the court finds that                                                                       
14                      (A)  the need for closure was not reasonably foreseeable                                           
15            sufficiently in advance of the hearing to allow for notice;                                                  
16                      (B)  there is good cause not to delay the hearing in order to                                      
17            achieve notice, taking into consideration the age of the child and the potential                             
18            adverse effect that a delay could have on the child; and                                                     
19                      (C)  whatever notice is practicable under the circumstances has                                    
20            occurred.                                                                                                    
21    * Sec. 53.  The uncodified law of the State of Alaska is amended by adding a new section to                        
22 read:                                                                                                                   
23            DIRECT COURT RULE AMENDMENT.  Rule 3, Alaska Child in Need of                                                
24       Aid Rules of Procedure, is amended by adding a new subsection to read:                                            
25            (j)  Use of Child's Name and Identifying Information Prohibited.                                           
26       References to a child shall be made using the child's first name only.  All identifying                           
27       information of the child, including the child's last name, address, and the names of the                          
28       child's immediate family members, shall be protected during the hearing so that only                              
29       the confidential record contains that information.  If a child appears at the hearing, the                        
30       child shall be located away from view of the public.                                                              
31    * Sec. 54.  The uncodified law of the State of Alaska is amended by adding a new section to                        
01 read:                                                                                                                   
02            DIRECT COURT RULE AMENDMENT.  Rule 18(e), Alaska Child in Need                                               
03       of Aid Rules of Procedure, is amended to read:                                                                    
04            (e)  Trial.  A trial on the petition to terminate parental rights                                          
05                 (1)  shall be held within six months after the date on which the petition                           
06       to terminate parental rights is filed, unless the court finds that good cause is shown for                        
07       a continuance; when [.  WHEN] determining whether to grant a continuance for good                             
08       cause, the court shall take into consideration the age of the child and the potential                             
09       adverse effect that the delay may have on the child; the [.  THE] court shall make                            
10       written findings when granting a continuance;                                                                 
11                 (2)  shall be by jury when a jury trial has been demanded and not                                   
12       waived by a party as provided in Rules 38 and 39, Alaska Rules of Civil                                       
13       Procedure.                                                                                                    
14    * Sec. 55.  The uncodified law of the State of Alaska is amended by adding a new section to                        
15 read:                                                                                                                   
16            DIRECT COURT RULE AMENDMENT.  Rule 18(g), Alaska Child in Need                                               
17       of Aid Rules of Procedure, is amended to read:                                                                    
18            (g)  Judgment.  The court shall make findings of fact for matters tried to the                         
19       court and shall enter an order within 90 days after the last day of trial on the petition                 
20       to terminate parental rights. The court shall commit the child to the custody of the                              
21       Department if parental rights are terminated.                                                                     
22    * Sec. 56.  The uncodified law of the State of Alaska is amended by adding a new section to                        
23 read:                                                                                                                   
24            DIRECT COURT RULE AMENDMENT.  Rule 22(c), Alaska Child in Need                                               
25       of Aid Rules of Procedure, is amended to read:                                                                    
26            (c)  Child's Name or Picture. The name or picture of a child who is the                                    
27       subject of a CINA proceeding may not be made available to the public unless                                       
28       authorized by court order accompanied by a written statement reciting the                                         
29       circumstances which support such authorization, or unless to implement the                                    
30       permanency plan for the child after all parental rights of custody have been                                  
31       terminated.                                                                                                   
01    * Sec. 57.  The uncodified law of the State of Alaska is amended by adding a new section to                        
02 read:                                                                                                                   
03            DIRECT COURT RULE AMENDMENT.  Rule 9(a), Alaska Adoption Rules,                                              
04       is amended to read:                                                                                               
05            (a)  Form.  A consent or relinquishment must be in writing and must include:                               
06                 (1)  notice of the person's right to withdraw the consent or                                            
07       relinquishment as provided by paragraphs (g) and (h) of this rule;                                                
08                 (2)  the address and telephone number of the court in which the                                         
09       adoption or relinquishment proceeding has or is expected to be filed;                                             
10                 (3)  a statement of the right to counsel as stated in Rule 8;                                           
11                 (4)  a statement concerning whether or not any visitation rights or                                 
12       other parental privileges are sought to be retained after the adoption;                                       
13                 (5)  if a consent, the information required in AS 25.23.060; and                                        
14                 (6)  if signed by a parent, a statement of whether the parent is a minor.                               
15    * Sec. 58.  The uncodified law of the State of Alaska is amended by adding a new section to                        
16 read:                                                                                                                   
17            DIRECT COURT RULE AMENDMENT.  Rule 9(g), Alaska Adoption Rules,                                              
18       is amended to read:                                                                                               
19            (g)  Withdrawal of Consent or Relinquishment of a Non-Indian Child.                                        
20       The parent of a non-Indian child may withdraw a consent or relinquishment by                                      
21       notifying in writing the court, or the person or agency obtaining the consent or                                  
22       relinquishment, within 10 days of the birth or signing of the consent or                                          
23       relinquishment, whichever is later. Notification is timely if received or postmarked on                           
24       or before the last day of this time period. The parent may move the court to permit                               
25       withdrawal of the consent or relinquishment after the 10 day period pursuant to                                   
26       AS 25.23.070 for a consent or AS 25.23.180(g) or AS 47.10.089(h) for a                                        
27       relinquishment.                                                                                                   
28    * Sec. 59.  The uncodified law of the State of Alaska is amended by adding a new section to                        
29 read:                                                                                                                   
30            DIRECT COURT RULE AMENDMENT.  Rule 13(a), Alaska Adoption                                                    
31       Rules, is amended to read:                                                                                        
01            (a)  Voluntary Relinquishment.  A decree terminating parental rights may be                                
02       entered after a voluntary relinquishment pursuant to AS 25.23.180 or AS 47.10.089.                            
03       The court shall enter findings of fact which must include a statement concerning                                  
04       whether visitation rights are being allowed under AS 25.23.130(c) or other privileges                         
05       are being retained under AS 25.23.180 or AS 47.10.089, and whether the time limit                             
06       for withdrawal of the relinquishment has elapsed.  If the relinquishment was signed in                            
07       the presence of the court, findings also must be entered as to whether the parent                                 
08       understood the consequences of the relinquishment, and whether the relinquishment                                 
09       was voluntarily signed.                                                                                           
10            In the case of a voluntary relinquishment of parental rights to an Indian                                    
11       child, the court shall make additional findings concerning whether any notice                                     
12       required by Rule 10(e) was timely given; whether the relinquishment was                                           
13       voluntary and in compliance with the requirements of 25 U.S.C. Section 1913;                                      
14       and whether the child's placement complies with the preferences set out in 25                                     
15       U.S.C. Section 1915 or good cause exists for deviation from the placement                                         
16       preference.                                                                                                       
17    * Sec. 60.  The uncodified law of the State of Alaska is amended by adding a new section to                        
18 read:                                                                                                                   
19            DIRECT COURT RULE AMENDMENT.  Rule 17.2(f), Alaska Child in Need                                             
20       of Aid Rules, is amended to read:                                                                                 
21            (f)  Additional Findings.  In addition to the findings required under paragraph                            
22       (e), the court shall also make written findings related to                                                        
23                 (1)  whether the Department has made reasonable efforts required                                        
24       under AS 47.10.086 or, in the case of an Indian child, whether the Department has                                 
25       made active efforts to provide remedial services and rehabilitative programs as                                   
26       required by 25 U.S.C. Sec. 1912(d);                                                                               
27                 (2)  whether the parent or guardian has made substantial progress to                                    
28       remedy the parent's or guardian's conduct or conditions in the home that made the                                 
29       child a child in need of aid; [AND]                                                                               
30                 (3)  if the permanent plan is for the child to remain in out-of-home care,                              
31       whether the child's out-of-home placement continues to be appropriate and in the best                             
01       interests of the child; and                                                                                   
02                 (4)  whether the Department has made reasonable efforts to finalize                                 
03       the permanent plan for the child.                                                                             
04    * Sec. 61.  The uncodified law of the State of Alaska is amended by adding a new section to                        
05 read:                                                                                                                   
06            DIRECT COURT RULE AMENDMENT.  Rule 18(d)(1), Alaska Child in                                                 
07       Need of Aid Rules, is amended to read:                                                                            
08            (d)  Relinquishment.                                                                                       
09                 (1)  Notwithstanding other provisions of this rule, the court may                                       
10       terminate parental rights after a voluntary relinquishment pursuant to AS 47.10.089                           
11       [AS 25.23.180].  In the case of an Indian child, the relinquishment must meet the                                 
12       requirements set forth in 25 U.S.C. § 1913(c).                                                                    
13    * Sec. 62.  The uncodified law of the State of Alaska is amended by adding a new section to                        
14 read:                                                                                                                   
15       INDIRECT COURT RULE AMENDMENT.  (a)  AS 13.26.064, added by sec. 3 of                                             
16 this Act, amends Rules 14 and 15, Rules of Probate Procedure, by providing that retained                                
17 privileges be set out in the guardianship decree and by providing additional procedures related                         
18 to a voluntary relinquishment of parental rights.                                                                       
19       (b)  AS 25.23.180(j) - (o) and AS 47.10.089, added by secs. 5 and 20 of this Act,                                 
20 amend Rules 9 and 13, Alaska Adoption Rules, by requiring retained privileges to be set out                             
21 in the relinquishment form and order and by providing additional procedures related to the                              
22 relinquishment.                                                                                                         
23       (c)  AS 25.23.180(k) - (o) and AS 47.10.089(g), (h), and (j), added by secs. 5 and 20                             
24 of this Act, amend Rule 13, Alaska Adoption Rules, by authorizing review hearings for                                   
25 voluntary relinquishments.                                                                                              
26       (d)  AS 47.10.080(l), as amended by sec. 14 of this Act, amends Rule 17.2(f), Alaska                              
27 Child in Need of Aid Rules, by modifying the grounds for review of a permanent plan.                                    
28       (e)  AS 47.10.089, added by sec. 20 of this Act, amends Rule 18, Alaska Child in                                  
29 Need of Aid Rules, by providing that a relinquishment be in writing, allowing for the                                   
30 withdrawal of the relinquishment, allowing for the retention of certain privileges, and                                 
31 authorizing a review hearing before the entry of an adoption or legal guardianship decree.                              
01    * Sec. 63.  The uncodified law of the State of Alaska is amended by adding a new section to                        
02 read:                                                                                                                   
03       INDIRECT COURT RULE AMENDMENT.  (a)  Sections 11 and 12 of this Act,                                              
04 AS 47.10.080(v), enacted by sec. 16 of this Act, and AS 47.10.088(o), enacted by sec. 19 of                             
05 this Act, have the effect of changing Rule 3, Alaska Child in Need of Aid Rules of Procedure,                           
06 by allowing members of the public to attend court hearings except in certain circumstances.                             
07       (b)  AS 47.10.065, enacted by sec. 10 of this Act, has the effect of changing Rule 18,                            
08 Alaska Child in Need of Aid Rules of Procedure, by providing for a right to a jury trial on a                           
09 petition to terminate parental rights.                                                                                  
10       (c)  Sections 22 and 25 - 30 of this Act have the effect of changing Rule 22, Alaska                              
11 Child in Need of Aid Rules of Procedure, by allowing the disclosure of confidential                                     
12 information pertaining to a child, including a child's name or picture to be made public in                             
13 certain circumstances.                                                                                                  
14    * Sec. 64.  The uncodified law of the State of Alaska is amended by adding a new section to                        
15 read:                                                                                                                   
16       TWO-THIRDS VOTE NOT REQUIRED FOR CERTAIN AMENDMENTS.                                                              
17 Because the enactment of AS 47.10.065 and the amendments to Rules 18(e) and 18(g), Alaska                               
18 Child in Need of Aid Rules of Procedure, to the extent that the enactment and amendments                                
19 provide a right to a jury trial on a petition to terminate parental rights, affect a substantive                        
20 right, secs. 10, 54, 55, and 63(b) of this Act do not require a two-thirds vote of the legislature                      
21 to confer the right to a jury trial on a petition to terminate parental rights.                                         
22    * Sec. 65.  The uncodified law of the State of Alaska is amended by adding a new section to                        
23 read:                                                                                                                   
24       APPLICABILITY.  (a)  AS 47.10.065, enacted by sec. 10 of this Act, and Rules 18(e)                                
25 and 18(g), Alaska Child in Need of Aid Rules of Procedure, as amended by secs. 54 and 55 of                             
26 this Act, apply to petitions to terminate parental rights that are filed on or after the effective                      
27 date of secs. 10, 54, and 55 of this Act.                                                                               
28       (b)  The amendments to Rule 3, Alaska Child in Need of Aid Rules of Procedure,                                    
29 made by secs. 51 - 53 of this Act, apply to hearings that are conducted on or after the effective                       
30 date of secs. 51 - 53 of this Act.                                                                                      
31       (c)  Sections 11 - 13, 16, 19, 21, 22, 25 - 30, 34, 51 - 53, and 56 of this Act apply to all                      
01 proceedings and hearings conducted on or after the effective date of those sections.                                    
02       (d)  Sections 11, 12, 16, 19, and 22 - 30 of this Act apply to all information, records,                          
03 and files created on or after the effective date of those sections; however, if a file contains                         
04 information and records that were created before the effective date of secs. 11, 12, 16, 19, and                        
05 22 - 30 of this Act, that information and those records retain the confidentiality that they had                        
06 under the law on the day before the effective date of secs. 11, 12, 16, 19, and 22 - 30 of this                         
07 Act.                                                                                                                    
08    * Sec. 66.  The uncodified law of the State of Alaska is amended by adding a new section to                        
09 read:                                                                                                                   
10       TRANSITION:  REGULATIONS.  The Department of Health and Social Services                                           
11 may proceed to adopt regulations necessary to implement the changes made by this Act.  The                              
12 regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the                               
13 effective date of the relevant statutory change.                                                                        
14    * Sec. 67.  The uncodified law of the State of Alaska is amended by adding a new section to                        
15 read:                                                                                                                   
16       REVISOR'S INSTRUCTION.  The revisor of statutes is instructed to change the                                       
17 heading of AS 47.10.088 from "Termination of parental rights and responsibilities" to                                   
18 "Involuntary termination of parental rights and responsibilities."                                                      
19    * Sec. 68.  The uncodified law of the State of Alaska is amended by adding a new section to                        
20 read:                                                                                                                   
21       CONDITIONAL EFFECT.  (a)  That portion of Rule 18(e)(2), Alaska Child in Need                                     
22 of Aid Rules of Procedure, added by sec. 54 of this Act, that reads "and not waived by a party                          
23 as provided in Rules 37 and 38, Alaska Rules of Civil Procedure," takes effect only if sec. 54                          
24 of this Act receives the two-thirds majority vote of each house required by art. IV, sec. 15,                           
25 Constitution of the State of Alaska.                                                                                    
26       (b)  The amendments to Rule 3, Alaska Child in Need of Aid Rules of Procedure,                                    
27 made by secs. 51 - 53 of this Act, take effect only if secs. 51 - 53 of this Act receive the two-                       
28 thirds majority vote of each house required by art. IV, sec. 15, Constitution of the State of                           
29 Alaska.                                                                                                                 
30       (c)  Section 14 of this Act and Rule 17.2(f), Alaska Child in Need of Aid Rules, as                               
31 amended by sec. 60 of this Act, take effect only if sec. 60 and sec. 62(d) of this Act receive                          
01 the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution of the                            
02 State of Alaska.                                                                                                        
03       (d)  Rule 18(d)(1), Alaska Child in Need of Aid Rules, as amended by sec. 61 of this                              
04 Act, takes effect only if sec. 61 of this Act receives the two-thirds majority vote of each house                       
05 required by art. IV, sec. 15, Constitution of the State of Alaska.                                                      
06       (e)  The amendments to Rule 22(c), Alaska Child in Need of Aid Rules of Procedure,                                
07 made by sec. 56 of this Act take effect only if sec. 56 of this Act receives the two-thirds                             
08 majority vote of each house required by Art. IV, sec. 15, Constitution of the State of Alaska.                          
09       (f)  Sections 11 and 12 of this Act, AS 47.10.080(v), enacted by sec. 16 of this Act,                             
10 AS 47.10.088(o), enacted by sec. 19 of this Act, and secs. 22 and 25 - 30 of this Act, take                             
11 effect only if secs. 51 - 53, 56, and 63(a) and (c) of this Act receive the two-thirds majority                         
12 vote of each house as required by art. IV, sec. 15, Constitution of the State of Alaska.                                
13       (g)  Rule 9(a), Alaska Adoption Rules, as amended by sec. 57 of this Act, takes effect                            
14 only if sec. 57 of this Act receives the two-thirds majority vote of each house required by art.                        
15 IV, sec. 15, Constitution of the State of Alaska.                                                                       
16       (h)  Rule 9(g), Alaska Adoption Rules, as amended by sec. 58 of this Act, takes effect                            
17 only if sec. 58 of this Act receives the two-thirds majority vote of each house required by art.                        
18 IV, sec. 15, Constitution of the State of Alaska.                                                                       
19       (i)  Rule 13(a), Alaska Adoption Rules, as amended by sec. 59 of this Act, takes effect                           
20 only if sec. 59 of this Act receives the two-thirds majority vote of each house required by art.                        
21 IV, sec. 15, Constitution of the State of Alaska.                                                                       
22       (j)  AS 13.26.064, added by sec. 3 of this Act, AS 25.23.180(j) - (o), added by sec. 5                            
23 of this Act, and AS 47.10.089, added by sec. 20 of this Act, take effect only if sec. 62(a) and                         
24 (b) of this Act receive the two-thirds majority vote of each house required by art. IV, sec. 15,                        
25 Constitution of the State of Alaska.                                                                                    
26    * Sec. 69.  If, under sec. 68 of this Act, secs. 11 and 12 of this Act, AS 47.10.080(v),                           
27 enacted by sec. 16 of this Act, AS 47.10.088(o), enacted by sec. 19 of this Act, and secs. 22                           
28 and 25 - 30 of this Act take effect, they take effect July 1, 2005.                                                     
29    * Sec. 70.  Except as provided in sec. 69 of this Act, this Act takes effect immediately under                     
30 AS 01.10.070(c).