00 SENATE CS FOR CS FOR SS FOR HOUSE BILL NO. 53(JUD)
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, court records, and public agency
04 records and information in child-in-need-of-aid matters and certain child protection
05 matters, to immunity regarding disclosure of information in child-in-need-of-aid matters
06 and certain child protection matters, to proceedings regarding voluntary relinquishment
07 and 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; reestablishing and relating to a state citizens' review panel;
10 amending the obligation of a public agency to disclose agency information pertaining to
11 a child in need of aid; relating to disclosure of confidential or privileged information
12 about children and families involved with children's services within the Department of
01 Health and Social Services to officials for review or use in official capacities; relating to
02 reports of harm and to adoptions and foster care; relating to consent for the medication
03 of children in state custody; prescribing the rights of family members related to child-in-
04 need-of-aid cases and establishing a familial priority for adoption; modifying adoption
05 and placement procedures in certain child-in-need-of-aid cases; relating to the
06 admissibility into evidence of the prior recorded statement of a crime victim less than 16
07 years of age; amending Rules 9 and 13, Alaska Adoption Rules, Rules 3, 17.2, 18, and 22,
08 Alaska Child in Need of Aid Rules of Procedure, Rules 14 and 15, Alaska Rules of
09 Probate Procedure, and Rule 801, Alaska Rules of Evidence; and providing for an
10 effective date."
11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
12 * Section 1. AS 13.26.055 is amended to read:
13 Sec. 13.26.055. Court appointment of guardian of minor; qualifications;
14 priority of minor's nominee and adult family member. The court may appoint as
15 guardian any adult [PERSON] whose appointment would be in the best interests of
16 the minor and is consistent with a priority given to an adult family member. The
17 court shall appoint a person nominated by the minor, if the minor is 14 years of age or
18 older, unless the court finds the appointment contrary to the best interests of the minor.
19 In this section, "adult family member" has the meaning given in AS 47.10.990.
20 * Sec. 2. AS 13.26 is amended by adding a new section to read:
21 Sec. 13.26.064. Guardianship after voluntary relinquishment; procedure.
22 In addition to the applicable procedures under this chapter, a guardianship decree and
23 review of a guardianship decree are governed by the procedures established under
24 AS 25.23.180 and, for a child-in-need-of-aid, AS 47.10.089, pertaining to voluntary
25 relinquishment of parental rights and retaining of parental privileges in a guardianship
26 decree.
27 * Sec. 3. AS 25.23 is amended by adding a new section to read:
01 Sec. 25.23.127. Adult family member preference to adopt. Taking into
02 consideration a child's stated preference under AS 25.23.125(a) and consent given
03 under AS 25.23.040(a)(5), and unless the court finds that a petition to adopt the child
04 by an adult family member is contrary to the best interest of the child, the court shall
05 grant a petition to adopt a child by an adult family member who has had physical
06 custody of the child for at least 12 consecutive months before the parental rights to the
07 child have been terminated. In this section, "adult family member" has the meaning
08 given in AS 47.10.990.
09 * Sec. 4. AS 25.23.180 is amended by adding new subsections to read:
10 (j) In a relinquishment of parental rights executed under (a) of this section, a
11 parent may retain privileges with respect to the child, including the ability to have
12 future contact, communication, and visitation with the child. A retained privilege
13 must be stated in writing with specificity. Not less than 10 days after the
14 relinquishment is signed, the court may enter an order terminating parental rights if the
15 court finds that termination of parental rights under the terms of the agreement is in
16 the child's best interest. If a parent has retained one or more privileges, the court shall
17 incorporate the retained privileges into the termination order with a recommendation
18 that the retained privileges be incorporated in an adoption or legal guardianship
19 decree.
20 (k) A voluntary relinquishment may not be withdrawn and a termination order
21 may not be vacated on the ground that a retained privilege has been withheld from the
22 relinquishing parent or that the relinquishing parent has been unable, for any reason, to
23 act on a retained privilege, except as provided in Rule 60(b), Alaska Rules of Civil
24 Procedure.
25 (l) After a termination order is entered, a person who has voluntarily
26 relinquished parental rights under this section may request a review hearing, upon a
27 showing of good cause, to seek enforcement or modification of or to vacate a privilege
28 retained in the termination order. The court may modify, enforce, or vacate the
29 retained privilege if the court finds, by clear and convincing evidence, that it is in the
30 best interest of the child to do so.
31 (m) After a termination order is entered and before the entry of an adoption or
01 legal guardianship decree, a prospective adoptive parent or a guardian of a child who
02 is the subject of an adoption decree may request, after providing notice as specified
03 under this subsection, that the court decline to incorporate a privilege retained in a
04 termination order and recommended for incorporation in an adoption or guardianship
05 decree under (j) of this section. The request made under this subsection may only be
06 considered by the court after providing at least 20 days' notice by certified mail to the
07 last known address of the person who has voluntarily relinquished parental rights to
08 the child. The notice under this subsection must describe the request and explain that
09 the recipient of the notice may submit a written statement under penalty of perjury to
10 the court that the recipient either agrees with or opposes the request. The notice must
11 also include the deadline for submitting the statement and the mailing address of the
12 court. The court may decline to incorporate a retained privilege if the person who
13 retained the privilege agrees with the request or if the court finds that it is in the child's
14 best interest.
15 (n) A person who relinquished parental rights is entitled to the appointment of
16 an attorney if a hearing is requested under (l) or (m) of this section to the same extent
17 as if the parent's rights had not been terminated in a child-in-need-of-aid proceeding.
18 * Sec. 5. AS 43.23.005(f) is amended to read:
19 (f) The [IN A TIME OF NATIONAL MILITARY EMERGENCY, THE]
20 commissioner may waive the requirement of (a)(4) of this section for an individual
21 absent from the state
22 (1) in a time of national military emergency under military orders
23 while serving in the armed forces of the United States, or for the spouse and
24 dependents of that individual; or
25 (2) while in the custody of the Department of Health and Social
26 Services in accordance with a court order under AS 47.10 or AS 47.12 and placed
27 outside of the state by the Department of Health and Social Services for purposes
28 of medical or behavioral treatment.
29 * Sec. 6. AS 47.10.005 is amended to read:
30 Sec. 47.10.005. Construction. The provisions of this chapter shall be
31 liberally construed to
01 (1) achieve the end that a child coming within the jurisdiction of the
02 court under this chapter may receive the care, guidance, treatment, and control that
03 will promote the child's welfare and the parents' participation in the upbringing of
04 the child to the fullest extent consistent with the child's best interests; and
05 (2) follow the findings set out in AS 47.05.065.
06 * Sec. 7. AS 47.10.020(a) is amended to read:
07 (a) Whenever circumstances subject a child to the jurisdiction of the court
08 under AS 47.10.005 - 47.10.142, the court shall appoint a competent person or agency
09 to make a preliminary inquiry and report for the information of the court to determine
10 whether the best interests of the child require that further action be taken. The court
11 shall make the appointment on its own motion or at the request of a person or
12 agency having knowledge of the child's circumstances. If, under this subsection,
13 the court appoints a person or agency to make a preliminary inquiry and to report to it,
14 or if the department is conducting an investigation of a report of child abuse or
15 neglect, the court may issue any orders necessary to aid the person, the agency,
16 or the department in its investigation or in making the preliminary inquiry and
17 report. Upon [THEN, UPON THE] receipt of the report under this subsection, the
18 court may
19 (1) close the matter without a court hearing;
20 (2) determine whether the best interests of the child require that further
21 action be taken; or
22 (3) authorize the person or agency having knowledge of the facts of the
23 case to file with the court a petition setting out the facts.
24 * Sec. 8. AS 47.10.020 is amended by adding a new subsection to read:
25 (e) Nothing in this section requires the department to obtain authorization
26 from the court before
27 (1) conducting an investigation of a report of child abuse or neglect; or
28 (2) filing a petition.
29 * Sec. 9. AS 47.10.070(a) is amended to read:
30 (a) The court may conduct the hearing on the petition in an informal manner.
31 The court shall give notice of the hearing to the department, and it may send a
01 representative to the hearing. The court shall also transmit a copy of the petition to the
02 department. The department shall send notice of the hearing to the persons for whom
03 notice is required under AS 47.10.030(b) and to each grandparent of the child entitled
04 to notice under AS 47.10.030(d). The department and the persons to whom the
05 department must send notice of the hearing are entitled to be heard at the hearing.
06 Except as provided in (c) of this section, and unless prohibited by federal or state
07 law, court order, or court rule, a hearing is open to the public [HOWEVER, THE
08 COURT MAY LIMIT THE PRESENCE OF THE FOSTER PARENT OR OTHER
09 OUT-OF-HOME CARE PROVIDER AND OF ANY GRANDPARENT OF THE
10 CHILD TO THE TIME DURING WHICH THE PERSON'S TESTIMONY IS BEING
11 GIVEN IF IT IS (1) IN THE BEST INTEREST OF THE CHILD; OR (2)
12 NECESSARY TO PROTECT THE PRIVACY INTERESTS OF THE PARTIES
13 AND WILL NOT BE DETRIMENTAL TO THE CHILD. THE PUBLIC SHALL BE
14 EXCLUDED FROM THE HEARING, BUT THE COURT, IN ITS DISCRETION,
15 MAY PERMIT INDIVIDUALS TO ATTEND A HEARING IF THEIR
16 ATTENDANCE IS COMPATIBLE WITH THE BEST INTERESTS OF THE
17 CHILD].
18 * Sec. 10. AS 47.10.070 is amended by adding new subsections to read:
19 (c) Except as provided in (e) of this section, the following hearings in child-in-
20 need-of-aid cases are closed to the public:
21 (1) the initial court hearing after the filing of a petition to commence
22 the child-in-need-of-aid case;
23 (2) a hearing following the initial hearing in which a parent, child, or
24 other party to the case is present but has not had an opportunity to obtain legal
25 representation;
26 (3) a hearing, or a part of a hearing, for which the court issues a written
27 order finding that allowing the hearing, or part of the hearing, to be open to the public
28 would reasonably be expected to
29 (A) stigmatize or be emotionally damaging to a child;
30 (B) inhibit a child's testimony in that hearing;
31 (C) disclose matters otherwise required to be kept confidential
01 by state or federal statute or regulation, court order, or court rule; or
02 (D) interfere with a criminal investigation or proceeding or a
03 criminal defendant's right to a fair trial in a criminal proceeding; before ruling
04 on a request under this subparagraph, the court shall give notice and an
05 opportunity to be heard to the state or a municipal agency that is assigned to
06 the criminal investigation or to the prosecuting attorney.
07 (d) If a hearing, or part of a hearing, in a child-in-need-of-aid case is not
08 closed under (c) of this section, the court shall hear in camera any information offered
09 regarding the location, or readily leading to the location, of a parent, child, or other
10 party to the case who is a victim of domestic violence or whose safety or welfare may
11 be endangered by public release of the information. Access to testimony heard in
12 camera under this subsection is limited to the court and authorized court personnel.
13 (e) The grandparents of the child and an out-of-home care provider may attend
14 hearings that are otherwise closed to the public under (c) of this section. However, the
15 court shall limit the presence of these persons in a hearing closed to the public to the
16 time during which the person's testimony is being given if the court determines that
17 the limitation is necessary under (c)(3) of this section.
18 (f) Notwithstanding any other provision of this chapter, a person attending a
19 hearing open to the public may not disclose a name, picture, or other information that
20 would readily lead to the identification of a child who is the subject of the child-in-
21 need-of-aid case. At the beginning of the hearing, the court shall issue an order
22 specifying the restrictions necessary to comply with this subsection. If a person
23 violates the order, the court may impose any appropriate sanction, including contempt
24 and closure of any further hearings to the person.
25 * Sec. 11. AS 47.10.080(c) is amended to read:
26 (c) If the court finds that the child is a child in need of aid, the court shall
27 (1) order the child committed to the department for placement in an
28 appropriate setting for a period of time not to exceed two years or in any event not to
29 extend past the date the child becomes 19 years of age, except that the department or
30 the child's guardian ad litem may petition for and the court may grant in a hearing
31 (A) one-year extensions of commitment that do not extend
01 beyond the child's 19th birthday if the extension is in the best interests of the
02 child; and
03 (B) an additional one-year period of state custody past [AGE]
04 19 years of age if the continued state custody is in the best interests of the
05 person and the person consents to it;
06 (2) order the child released to a parent, adult family member
07 [RELATIVE], or guardian of the child or to another suitable person, and, in
08 appropriate cases, order the parent, adult family member [RELATIVE], guardian, or
09 other person to provide medical or other care and treatment; if the court releases the
10 child, it shall direct the department to supervise the care and treatment given to the
11 child, but the court may dispense with the department's supervision if the court finds
12 that the adult to whom the child is released will adequately care for the child without
13 supervision; the department's supervision may not exceed two years or in any event
14 extend past the date the child reaches [AGE] 19 years of age, except that the
15 department or the child's guardian ad litem may petition for and the court may grant in
16 a hearing
17 (A) one-year extensions of supervision that do not extend
18 beyond the child's 19th birthday if the extensions are in the best interests of the
19 child; and
20 (B) an additional one-year period of supervision past [AGE] 19
21 years of age if the continued supervision is in the best interests of the person
22 and the person consents to it; or
23 (3) order, under the grounds specified in (o) of this section or
24 AS 47.10.088, the termination of parental rights and responsibilities of one or both
25 parents and commit the child to the custody of the department, and the department
26 shall report quarterly to the court on efforts being made to find a permanent placement
27 for the child.
28 * Sec. 12. AS 47.10.080(l) is amended to read:
29 (l) Within 12 months after the date a child enters foster care as calculated
30 under AS 47.10.088(f), the court shall hold a permanency hearing. The hearing and
31 permanent plan developed in the hearing are governed by the following provisions:
01 (1) the persons entitled to be heard under AS 47.10.070 or under (f) of
02 this section are also entitled to be heard at the hearing held under this subsection;
03 (2) when establishing the permanent plan for the child, the court shall
04 make appropriate written findings, including findings related to whether
05 (A) and when the child should be returned to the parent or
06 guardian;
07 (B) the child should be placed for adoption or legal
08 guardianship and whether a petition for termination of parental rights should be
09 filed by the department; and
10 (C) the child should be placed in another planned, permanent
11 living arrangement and what steps are necessary to achieve the new
12 arrangement;
13 (3) if the court is unable to make a finding required under (2) of this
14 subsection, the court shall hold another hearing within a reasonable period of time;
15 (4) in addition to the findings required by (2) of this subsection, the
16 court shall also make appropriate written findings related to
17 (A) whether the department has made the reasonable efforts
18 required under AS 47.10.086 to offer appropriate family support services to
19 remedy the parent's or guardian's conduct or conditions in the home that made
20 the child a child in need of aid under this chapter;
21 (B) whether the parent or guardian has made substantial
22 progress to remedy the parent's or guardian's conduct or conditions in the home
23 that made the child a child in need of aid under this chapter; [AND]
24 (C) if the permanent plan is for the child to remain in out-of-
25 home-care, whether the child's out-of-home placement continues to be
26 appropriate and in the best interests of the child; and
27 (D) whether the department has made reasonable efforts to
28 finalize the permanent plan for the child;
29 (5) the court shall hold a hearing to review the permanent plan at least
30 annually until successful implementation of the plan; if the plan approved by the court
31 changes after the hearing, the department shall promptly apply to the court for another
01 permanency hearing, and the court shall conduct the hearing within 30 days after
02 application by the department.
03 * Sec. 13. AS 47.10.080(p) is amended to read:
04 (p) If a child is removed from the parental home, the department shall provide
05 reasonable visitation between the child and the child's parents, guardian, and family.
06 When determining what constitutes reasonable visitation with a family member, the
07 department shall consider the nature and quality of the relationship that existed
08 between the child and the family member before the child was committed to the
09 custody of the department. The court may require the department to file a visitation
10 plan with the court. The department may deny visitation to the parents, guardian, or
11 family members if there is clear and convincing evidence that visits are not in the
12 child's best interests. If the department denies visitation to a parent or family
13 member of a child, the department shall inform the parent or family member of a
14 reason for the denial and of the parent's or adult family member's right to
15 request a review hearing as an interested person. A parent, adult family member,
16 or guardian who is denied visitation may request a review hearing. A non-party
17 adult family member requesting a review hearing under this subsection is not
18 eligible for publicly appointed legal counsel.
19 * Sec. 14. AS 47.10.080 is amended by adding new subsections to read:
20 (t) The court may not terminate parental rights solely on the basis that the
21 parent did not complete treatment required of the parent by the department for
22 reunification with the child if the treatment required was unavailable to the parent and
23 the department did not provide the treatment.
24 (u) For a child who is placed in foster care, when the department finds that it
25 is in the best interest of a child and that the foster family will not be placed in undue
26 risk of harm, the department shall require foster parents to provide regular
27 opportunities for visitation with the child by the parents of the child and encourage
28 foster parents to serve as mentors for facilitating family reunification.
29 (v) A hearing conducted under this section is open to the public unless an
30 exception provided in AS 47.10.070(c) applies to make the hearing closed to the
31 public or unless prohibited by federal or state statute or regulation.
01 * Sec. 15. AS 47.10.084(c) is amended to read:
02 (c) When there has been transfer of legal custody or appointment of a guardian
03 and parental rights have not been terminated by court decree, the parents shall have
04 residual rights and responsibilities. These residual rights and responsibilities of the
05 parent include, but are not limited to, the right and responsibility of reasonable
06 visitation, consent to adoption, consent to marriage, consent to military enlistment,
07 consent to major medical treatment except in cases of emergency or cases falling
08 under AS 25.20.025, and the responsibility for support, except if by court order any
09 residual right and responsibility has been delegated to a guardian under (b) of this
10 section. In this subsection, "major medical treatment" includes the
11 administration of medication used to treat a mental health disorder.
12 * Sec. 16. AS 47.10.088(i) is amended to read:
13 (i) The department shall concurrently identify, recruit, process, and approve a
14 qualified person or family for an adoption whenever a petition to terminate a parent's
15 rights to a child is filed. Before identifying a placement of the child in an adoptive
16 home, the department shall attempt to locate all living adult family members of
17 the child and, if an adult family member expresses an interest in adopting the
18 child, investigate the adult family member's ability to care for the child. The
19 department shall provide to all adult family members of the child located by the
20 department written notice of the adult family members' rights under this chapter
21 and of the procedures necessary to gain custody of the child, but the
22 department's obligation to provide written notice under this subsection does not
23 apply to a parent of the child whose parental rights are being or have been
24 terminated or to an adult family member who is known by the department to be
25 ineligible for a foster care license under AS 47.35.019 or 47.35.021. If an adult
26 family member of the child requests that the department approve the adult
27 family member for an adoption, the department shall approve the request unless
28 there is good cause not to approve the adoption. If the court issues an order to
29 terminate under (j) of this section, the department shall report within 30 days on the
30 efforts being made to recruit a permanent placement for the child if a permanent
31 placement was not approved at the time of the trial under (j) of this section. The
01 report must document recruitment efforts made for the child.
02 * Sec. 17. AS 47.10 is amended by adding a new section to read:
03 Sec. 47.10.089. Voluntary relinquishment of parental rights and
04 responsibilities. (a) When a child is committed to the custody of the department
05 under AS 47.10.080(c)(1) or (3) or released under AS 47.10.080(c)(2), the rights of a
06 parent with respect to the child, including parental rights to control the child, to
07 withhold consent to an adoption, or to receive notice of a hearing on a petition for
08 adoption, may be voluntarily relinquished to the department and the relationship of
09 parent and child terminated in a proceeding as provided under this section.
10 (b) A voluntary relinquishment must be in writing and signed by a parent,
11 regardless of the age of the parent, in the presence of a representative of the
12 department or in the presence of a court of competent jurisdiction with the knowledge
13 and approval of the department. A copy of the signed relinquishment shall be given to
14 the parent.
15 (c) A voluntary relinquishment may be withdrawn within 10 days after it is
16 signed. The relinquishment is invalid unless the relinquishment contains the right of
17 withdrawal as specified under this subsection.
18 (d) A parent may retain privileges with respect to the child, including the
19 ability to have future contact, communication, and visitation with the child in a
20 voluntary relinquishment executed under this section. A retained privilege must be in
21 writing and stated with specificity.
22 (e) Not less than 10 days after a voluntary relinquishment is signed, the court
23 shall enter an order terminating parental rights if the court determines that termination
24 of parental rights under the terms of the relinquishment is in the child's best interest.
25 If a parent has retained one or more privileges under (d) of this section, the court shall
26 incorporate the retained privileges in the termination order with a recommendation
27 that the retained privileges be incorporated in an adoption or legal guardianship
28 decree.
29 (f) A voluntary relinquishment may not be withdrawn and a termination order
30 may not be vacated on the ground that a retained privilege has been withheld from the
31 relinquishing parent or that the relinquishing parent has been unable, for any reason, to
01 act on a retained privilege, except as provided in Rule 60(b), Alaska Rules of Civil
02 Procedure.
03 (g) After a termination order is entered, a person who has voluntarily
04 relinquished parental rights under this section may request a review hearing, upon a
05 showing of good cause, to seek enforcement or modification of or to vacate a privilege
06 retained in the termination order. The court may modify, enforce, or vacate the
07 retained privilege if the court finds, by clear and convincing evidence, that it is in the
08 best interest of the child to do so.
09 (h) After a termination order is entered and before the entry of an adoption or
10 legal guardianship decree, a person who voluntarily relinquished parental rights to a
11 child under this section may request a review hearing, upon a showing of good cause,
12 to vacate the termination order and reinstate parental rights relating to that child. A
13 court shall vacate a termination order if the person shows, by clear and convincing
14 evidence, that reinstatement of parental rights is in the best interest of the child and
15 that the person is rehabilitated and capable of providing the care and guidance that will
16 serve the moral, emotional, mental, and physical welfare of the child.
17 (i) A person who relinquished parental rights is entitled to the appointment of
18 an attorney if a hearing is requested under (g), (h), or (j) of this section to the same
19 extent as if the parent's rights had not been terminated in a child-in-need-of-aid
20 proceeding.
21 (j) After a termination order is entered and before the entry of an adoption or
22 legal guardianship decree, a prospective adoptive parent or a guardian of a child who
23 is the subject of the adoption or guardianship decree may request, after providing
24 notice as specified under this subsection, that the court decline to incorporate a
25 privilege retained in a termination order and recommended for incorporation in an
26 adoption or guardianship decree under (e) of this section. The request made under this
27 subsection may only be considered by the court after providing at least 20 days' notice
28 by certified mail to the last known address of the person who has voluntarily
29 relinquished parental rights to the child. The notice under this subsection must
30 describe the request and explain that the recipient of the notice may submit a written
31 statement under penalty of perjury to the court that the recipient either agrees with or
01 opposes the request. The notice must also include the deadline for submitting the
02 statement and the mailing address of the court. The court may decline to incorporate a
03 retained privilege if the person who retained the privilege agrees with the request or if
04 the court finds that it is in the child's best interest.
05 * Sec. 18. AS 47.10.090(c) is amended to read:
06 (c) Within 30 days after [OF] the date of a child's [MINOR'S] 18th birthday
07 or, if the court retains jurisdiction of a child [MINOR] past the child's [MINOR'S]
08 18th birthday, within 30 days after [OF] the date on which the court releases
09 jurisdiction over the child [MINOR], the court shall order all the court's official
10 records pertaining to that child [MINOR] in a proceeding under this chapter sealed. A
11 person may not use these sealed records unless authorized by order of [FOR ANY
12 PURPOSE EXCEPT THAT] the court upon a finding of [MAY ORDER THEIR
13 USE FOR] good cause [SHOWN].
14 * Sec. 19. AS 47.10.090(d) is amended to read:
15 (d) The name or picture of a child [MINOR] under the jurisdiction of the court
16 may not be made public in connection with the child's [MINOR'S] status as a child in
17 need of aid unless authorized by order of the court or unless to implement the
18 permanency plan for a child after all parental rights of custody have been
19 terminated. This subsection does not prohibit the release of aggregate
20 information for statistical or other informational purposes if the identity of any
21 particular person is not revealed by the release.
22 * Sec. 20. AS 47.10.092(a) is amended to read:
23 (a) Notwithstanding AS 47.10.090 and 47.10.093, a parent or legal guardian of
24 a child subject to a proceeding under AS 47.10.005 - 47.10.142 may disclose
25 confidential or privileged information about the child or the child's family, including
26 information that has been lawfully obtained from agency or court files, to the
27 governor, the lieutenant governor, a legislator, the ombudsman appointed under
28 AS 24.55, the attorney general, and the commissioner [COMMISSIONERS] of health
29 and social services, administration, or public safety, or an employee of these persons,
30 for review or use in their official capacities. The Department of Health and Social
31 Services and the Department of Administration [DEPARTMENT] shall disclose
01 additional confidential or privileged information, excluding privileged attorney-
02 client information, and make copies of documents available for inspection about the
03 child or the child's family to these state officials or employees for review or use in
04 their official capacities upon request of the official or employee and submission of
05 satisfactory evidence that a parent or legal guardian of the child has requested the state
06 official's assistance in the case as part of the official's duties. A person to whom
07 disclosure is made under this section may not disclose confidential or privileged
08 information about the child or the child's family to a person not authorized to receive
09 it.
10 * Sec. 21. AS 47.10.092 is amended by adding new subsections to read:
11 (d) The obligations under (a) of this section remain in effect throughout the
12 period that the child is in the custody of the department, including after the parent's
13 parental rights have been terminated with respect to the child, unless the child's parent
14 or legal guardian who made the disclosure under (a) of this section subsequently files
15 a notice with the Department of Health and Social Services that the assistance of the
16 state official or employee is no longer requested.
17 (e) The Department of Health and Social Services shall notify an official
18 identified under (a) of this section of the opportunity for a parent to file a grievance
19 under AS 47.10.098 when the official is denied access to all or part of a requested
20 record.
21 * Sec. 22. AS 47.10.093(a) is amended to read:
22 (a) Except as permitted [SPECIFIED] in AS 47.10.092 and in (b) - (g) and
23 (k) - (n) [(b) - (g)] of this section, all information and social records pertaining to a
24 child [MINOR] who is subject to this chapter or AS 47.17 prepared by or in the
25 possession of a federal, state, or municipal agency or employee in the discharge of the
26 agency's or employee's official duty are privileged and may not be disclosed directly
27 or indirectly to anyone without a court order.
28 * Sec. 23. AS 47.10.093(b) is amended to read:
29 (b) A state or municipal agency or employee shall disclose appropriate
30 confidential information regarding a case to
31 (1) a guardian ad litem appointed by the court;
01 (2) a person or an agency requested by the department or the child's
02 legal custodian to provide consultation or services for a child who is subject to the
03 jurisdiction of the court under AS 47.10.010 as necessary to enable the provision of
04 the consultation or services;
05 (3) an out-of-home care provider [FOSTER PARENTS OR
06 RELATIVES WITH WHOM THE CHILD IS PLACED BY THE DEPARTMENT]
07 as [MAY BE] necessary to enable the out-of-home care provider [FOSTER
08 PARENTS OR RELATIVES] to provide appropriate care to [FOR] the child [WHO
09 IS THE SUBJECT OF THE CASE], to protect the safety of the child [WHO IS THE
10 SUBJECT OF THE CASE], and to protect the safety and property of family members
11 and visitors of the out-of-home care provider [FOSTER PARENTS OR
12 RELATIVES];
13 (4) a school official [OFFICIALS] as [MAY BE] necessary to enable
14 the school to provide appropriate counseling and support services to a [THE] child
15 who is the subject of the case, to protect the safety of the child [WHO IS THE
16 SUBJECT OF THE CASE], and to protect the safety of school students and staff;
17 (5) a governmental agency as [MAY BE] necessary to obtain that
18 agency's assistance for the department in its investigation or to obtain physical custody
19 of a child;
20 (6) a law enforcement agency of this state or another jurisdiction as
21 [MAY BE] necessary for the protection of any child or for actions by that agency to
22 protect the public safety;
23 (7) a member [MEMBERS] of a multidisciplinary child protection
24 team created under AS 47.14.300 as [MAY BE] necessary for the performance of the
25 member's [THEIR] duties;
26 (8) the state medical examiner under AS 12.65 as [MAY BE]
27 necessary for the performance of the duties of the state medical examiner;
28 (9) a person who has made a report of harm as required by
29 AS 47.17.020 to inform the person that the investigation was completed and of action
30 taken to protect the child who was the subject of the report; [AND]
31 (10) the child support services agency established in AS 25.27.010 as
01 [MAY BE] necessary to establish and collect child support for a child who is a child in
02 need of aid under this chapter;
03 (11) a parent, guardian, or caregiver of a child or an entity
04 responsible for ensuring the safety of children as necessary to protect the safety
05 of a child; and
06 (12) a review panel established by the department, the legislature,
07 or the governor for the purpose of reviewing the actions taken by the department
08 in a specific case.
09 * Sec. 24. AS 47.10.093(c) is repealed and reenacted to read:
10 (c) A state or municipal law enforcement agency shall disclose information
11 regarding a case that is needed by the person or agency charged with making a
12 preliminary investigation for the information of the court under AS 47.10.020.
13 * Sec. 25. AS 47.10.093(f) is amended to read:
14 (f) The department may release to a person with a legitimate interest
15 confidential information relating to children [MINORS] not subject to the
16 jurisdiction of the court under AS 47.10.010. [THE DEPARTMENT SHALL ADOPT
17 REGULATIONS GOVERNING THE RELEASE OF INFORMATION AND
18 IDENTIFYING A SUFFICIENT LEGITIMATE INTEREST.]
19 * Sec. 26. AS 47.10.093(g) is amended to read:
20 (g) The department and affected law enforcement agencies shall work with
21 school districts and private schools to develop procedures for the disclosure of
22 confidential information to a school official [OFFICIALS] under (b)(3) [(b)(4)] of
23 this section. The procedures must provide a method for informing the principal or the
24 principal's designee of the school that the student attends as soon as it is reasonably
25 practicable.
26 * Sec. 27. AS 47.10.093 is amended by adding new subsections to read:
27 (k) The commissioner of health and social services or the commissioner's
28 designee or the commissioner of administration or the commissioner's designee, as
29 appropriate, may disclose to the public, upon request, confidential information, as set
30 out in (l) of this section, when
31 (1) the parent or guardian of a child who is the subject of a report of
01 harm under AS 47.17 has made a public disclosure concerning the department's
02 involvement with the family;
03 (2) the alleged perpetrator named in a report of harm under AS 47.17
04 has been charged with a crime concerning the alleged abuse or neglect; or
05 (3) a report of harm under AS 47.17 has resulted in the fatality or near
06 fatality of that child.
07 (l) The type of information that may be publicly disclosed under (k) of this
08 section is information related to the determination, if any, made by the department
09 regarding the validity of a report of harm under AS 47.17 and the department's
10 activities arising from the department's investigation of the report. The commissioner
11 or the commissioner's designee
12 (1) shall withhold disclosure of the child's name, picture, or other
13 information that would readily lead to the identification of the child if the department
14 determines that the disclosure would be contrary to the best interests of the child, the
15 child's siblings, or other children in the child's household; or
16 (2) after consultation with a prosecuting attorney, shall withhold
17 disclosure of information that would reasonably be expected to interfere with a
18 criminal investigation or proceeding or a criminal defendant's right to a fair trial in a
19 criminal proceeding.
20 (m) Except for a disclosure made under (k) of this section, a person to whom
21 disclosure is made under this section may not disclose confidential information about
22 the child or the child's family to a person not authorized to receive it.
23 (n) The Department of Health and Social Services and the Department of
24 Administration shall adopt regulations to implement and interpret the duties of the
25 respective department under this section, including regulations governing the release
26 of confidential information and identifying a sufficient legitimate interest under (f) of
27 this section.
28 (o) A person may not bring an action for damages against the state, the
29 commissioner, or the commissioner's designee based on the disclosure or
30 nondisclosure of information under (k) of this section except for civil damages
31 resulting from gross negligence or reckless or intentional misconduct.
01 * Sec. 28. AS 47.10 is amended by adding a new section to read:
02 Sec. 47.10.098. Grievance procedure. (a) The department shall develop, in
03 regulation, a grievance procedure for a parent to file a complaint based on
04 (1) the application of a department policy or procedure under this
05 chapter;
06 (2) compliance with this chapter or a regulation adopted under this
07 chapter; or
08 (3) an act or failure to act by the department under this chapter.
09 (b) The department shall prepare and distribute to each parent of a child who
10 is under the jurisdiction of the department a written copy of the grievance procedure
11 developed under (a) of this section.
12 * Sec. 29. AS 47.10.960 is repealed and reenacted to read:
13 Sec. 47.10.960. Civil liability. Failure to comply with a provision of this title
14 does not constitute a basis for civil liability for damages.
15 * Sec. 30. AS 47.10.990(16) is amended to read:
16 (16) "mental health professional" has the meaning given in
17 AS 47.30.915, except that, if the child is placed in another state by the
18 department, "mental health professional" also includes a professional listed in
19 the definition of "mental health professional" in AS 47.30.915 who is not licensed
20 to practice by a board of this state but is licensed by a corresponding licensing
21 authority to practice in the state in which the child is placed;
22 * Sec. 31. AS 47.10.990 is amended by adding new paragraphs to read:
23 (28) "adult family member" means a person who is 18 years of age or
24 older and who is
25 (A) related to the child as the child's grandparent, aunt, uncle,
26 or sibling; or
27 (B) the child's sibling's legal guardian or parent;
28 (29) "family member" means a person of any age who is
29 (A) related to the child as the child's grandparent, aunt, uncle,
30 or sibling; or
31 (B) the child's sibling's legal guardian or parent;
01 (30) "near fatality" means physical injury or other harm, as certified by
02 a physician, caused by an act or omission that created a substantial risk of death;
03 (31) "out-of-home care provider" means a foster parent or relative
04 other than a parent with whom the child is placed.
05 * Sec. 32. AS 47.12.990(10) is amended to read:
06 (10) "mental health professional" has the meaning given in
07 AS 47.30.915, except that, if the minor is placed in another state by the
08 department, "mental health professional" also includes a professional listed in
09 the definition of "mental health professional" in AS 47.30.915 who is not licensed
10 to practice by a board of this state but is licensed by a corresponding licensing
11 authority to practice in the state in which the minor is placed;
12 * Sec. 33. AS 47.14.100(a) is amended to read:
13 (a) Subject to (e), (f), and (i) - (m) [(i) - (l)] of this section, the department
14 shall arrange for the care of every child committed to its custody by placing the child
15 in a foster home or in the care of an agency or institution providing care for children
16 inside or outside the state. The department may place a child in a suitable family
17 home, with or without compensation, and may place a child released to it, in writing
18 verified by the parent, or guardian or other person having legal custody, for adoptive
19 purposes, in a home for adoption in accordance with existing law.
20 * Sec. 34. AS 47.14.100(e) is repealed and reenacted to read:
21 (e) When a child is removed from a parent's home, the department shall place
22 the child, in the absence of a showing of good cause to the contrary,
23 (1) in the least restrictive setting that most closely approximates a
24 family and that meets the child's special needs, if any;
25 (2) within reasonable proximity to the child's home, taking into
26 account any special needs of the child and the preferences of the child or parent;
27 (3) with, in the following order of preference,
28 (A) an adult family member;
29 (B) a family friend who meets the foster care licensing
30 requirements established by the department;
31 (C) a licensed foster home that is not an adult family member
01 or family friend;
02 (D) an institution for children that has a program suitable to
03 meet the child's needs.
04 * Sec. 35. AS 47.14.100(f) is amended to read:
05 (f) If an adult family member [A BLOOD RELATIVE] of the child
06 specified under (e) of this section exists and agrees that the child should be placed
07 elsewhere, before placement elsewhere, the department shall fully communicate the
08 nature of the placement proceedings to the adult family member [RELATIVE].
09 Communication under this subsection shall be made in the adult family member's
10 [RELATIVE'S] native language, if necessary. [NOTHING IN THIS SUBSECTION
11 OR IN (e) OF THIS SECTION APPLIES TO CHILD PLACEMENT FOR
12 ADOPTIVE PURPOSES.]
13 * Sec. 36. AS 47.14.100(j) is amended to read:
14 (j) For the purpose of determining whether the home of a relative meets the
15 requirements for placement of a child under (e) of this section or under
16 AS 47.10.088(i), the department shall conduct a criminal background check from state
17 and national criminal justice information available under AS 12.62. The department
18 may conduct a fingerprint background check on any member of the relative's
19 household who is 16 [12] years of age or older when the relative requests placement of
20 the child. For the purposes of obtaining criminal justice information under this
21 subsection, the department is a criminal justice agency conducting a criminal justice
22 activity under AS 12.62.
23 * Sec. 37. AS 47.14.100 is amended by adding a new subsection to read:
24 (m) Prima facie evidence of good cause not to place a child with an adult
25 family member or family friend under AS 47.10.088(i) or under (e) of this section
26 includes grounds for denial of a foster care license under AS 47.35.019 or 47.35.021.
27 Prima facie evidence of good cause not to place a child with an adult family member
28 or adult family friend does not include poverty or inadequate or crowded housing. If
29 the department denies a request for placement with an adult family member or a
30 family friend, the department shall inform the adult family member or family friend of
31 the basis for the denial and the right to request a hearing to review the decision. A
01 non-party adult family member or family friend requesting a review hearing under
02 AS 47.10.088(i) or under (e) of this section is not eligible for publicly appointed legal
03 counsel.
04 * Sec. 38. AS 47.14 is amended by adding a new section to article 3 to read:
05 Sec. 47.14.205. State Citizen Review Panel. (a) There is established within
06 the department a Citizen Review Panel. The panel shall be composed of volunteer
07 members who are broadly representative of the state, including members who have
08 expertise in the prevention and treatment of child abuse and neglect.
09 (b) The panel shall meet not less than once every three months. Meetings may
10 take place telephonically.
11 * Sec. 39. AS 47.14 is amended by adding a new section to article 3 to read:
12 Sec. 47.14.215. Duties of the state panel. (a) The state panel shall evaluate
13 the extent to which the department is effectively discharging its child protection
14 responsibilities under
15 (1) the state plan submitted to the United States Department of Health
16 and Human Services under 42 U.S.C. 5106a(b);
17 (2) child protection standards under federal and state laws; and
18 (3) any other criteria that the panel considers important to ensuring the
19 protection of children, including the level and efficiency of coordination of foster care
20 and adoption programs in the state and a review of child fatalities and near fatalities.
21 (b) In carrying out the responsibilities under (a) of this section, the state panel
22 shall examine the policies, procedures, and practices of the department, and, where
23 appropriate, evaluate specific cases of child abuse or neglect.
24 (c) The commissioner shall, by regulation, establish policies and procedures
25 necessary to carrying out the duties of the state panel under this section.
26 * Sec. 40. AS 47.14 is amended by adding a new section to article 3 read:
27 Sec. 47.14.225. Cooperation with state panel. (a) The department shall
28 provide the panel access to information on child abuse or neglect cases that is
29 necessary for the panel to carry out its duties under AS 47.14.215.
30 (b) The department shall serve as staff to the state panel as requested by the
31 panel members.
01 * Sec. 41. AS 47.14 is amended by adding a new section to article 3 to read:
02 Sec. 47.14.235. Confidentiality. (a) A person attending a meeting of the
03 state panel or a member or staff of the state panel may not make any disclosure related
04 to information obtained during a review by the state panel unless authorized under
05 AS 47.10.092 or 47.10.093.
06 (b) Meetings of the state panel are subject to AS 44.62.310 and 44.62.312.
07 * Sec. 42. AS 47.14 is amended by adding a new section to article 3 to read:
08 Sec. 47.14.245. Public outreach. The state panel shall conduct public
09 outreach and gather public comment on current department procedures and practices
10 involving children and family services.
11 * Sec. 43. AS 47.14 is amended by adding a new section to article 3 to read:
12 Sec. 47.14.255. Report. (a) The state panel shall prepare and make available
13 to the governor, the legislature, and to the public an annual report containing a
14 summary of the activities of the panel conducted under AS 47.14.205 - 47.14.295 and
15 recommendations for the improvement of child protection services in the state.
16 (b) Not later than six months after the date on which the report is released
17 under (a) of this section, the department shall submit a written response to the report.
18 The department's response must include a description of whether and how the
19 department will incorporate the recommendations of the panel, where appropriate.
20 * Sec. 44. AS 47.14 is amended by adding a new section to article 3 to read:
21 Sec. 47.14.265. Civil penalty for violation of AS 47.14.235. A violation
22 under 47.14.235 is subject to a civil penalty of up to $2,500 for each violation.
23 * Sec. 45. AS 47.14 is amended by adding a new section to article 3 to read:
24 Sec. 47.14.275. Immunity. A member of the state panel and a person who
25 furnishes services to or advises the state panel is not liable for damages or other relief
26 in an action involving the performance or failure to perform a duty or other activity of
27 the state panel.
28 * Sec. 46. AS 47.14 is amended by adding a new section to article 3 to read:
29 Sec. 47.14.295. Definitions. In AS 47.14.205 - 47.14.295,
30 (1) "adult family member" has the meaning given in AS 47.10.990;
31 (2) "near fatality" has the meaning given in AS 47.10.990;
01 (3) "state panel" means the Citizen Review Panel established under
02 AS 47.14.205.
03 * Sec. 47. AS 47.17.025 is amended by adding a new subsection to read:
04 (c) Within 20 days after receiving a report of harm, whether or not the matter
05 is referred to a local government agency, the department shall notify the person who
06 made the report and who made a request to be notified, about the status of the
07 investigation, without disclosing any confidential information.
08 * Sec. 48. AS 47.17.027(a) is amended to read:
09 (a) If the department or a law enforcement agency provides written
10 certification to the child's school officials that (1) there is reasonable cause to suspect
11 that the child has been abused or neglected by a person responsible for the child's
12 welfare or as a result of conditions created by a person responsible for the child's
13 welfare; (2) an interview at school is a necessary part of an investigation to determine
14 whether the child has been abused or neglected; and (3) the interview at school is in
15 the best interests of the child, school officials shall permit the child to be interviewed
16 at school by the department or a law enforcement agency before notification of, or
17 receiving permission from, the child's parent, guardian, or custodian. A school official
18 shall be present during an interview at the school unless the child objects or the
19 department or law enforcement agency determines that the presence of the school
20 official will interfere with the investigation. The interview shall be conducted as
21 required under AS 47.17.033. Immediately after conducting an interview authorized
22 under this section, and after informing the child of the intention to notify the child's
23 parent, guardian, or custodian, the department or agency shall make every reasonable
24 effort to notify the child's parent, guardian, or custodian that the interview occurred
25 unless it appears to the department or agency that notifying the child's parent,
26 guardian, or custodian would endanger the child.
27 * Sec. 49. AS 47.17.033 is amended by adding new subsections to read:
28 (c) An investigation by the department of child abuse or neglect reported
29 under this chapter shall be conducted by a person trained to conduct a child abuse and
30 neglect investigation and without subjecting a child to more than one interview about
31 the abuse or neglect except when new information is obtained that requires further
01 information from the child.
02 (d) An interview of a child conducted as a result of a report of harm may be
03 audiotaped or videotaped. If an interview of a child concerns a report of sexual abuse
04 of the child by a parent or caretaker of the child, the interview shall be videotaped,
05 unless videotaping the interview is not feasible or will, in the opinion of the
06 investigating agency, result in trauma to the child.
07 (e) An interview of a child that is audiotaped or videotaped under (d) of this
08 section shall be conducted
09 (1) by a person trained and competent to conduct the interview;
10 (2) if available, at a child advocacy center; and
11 (3) by a person who is a party to a memorandum of understanding with
12 the department to conduct the interview or who is employed by an agency that is
13 authorized to conduct investigations.
14 (f) An interview of a child may not be videotaped more than one time unless
15 the interviewer or the investigating agency determines that one or more additional
16 interviews are necessary to complete an investigation. If additional interviews are
17 necessary, the additional interviews shall be conducted, to the extent possible, by the
18 same interviewer who conducted the initial interview of the child.
19 (g) A recorded interview of a child shall be preserved in the manner and for a
20 period provided by law for maintaining evidence and records of a public agency.
21 (h) A recorded interview of a child is subject to disclosure under the
22 applicable court rules for discovery in a civil or criminal case.
23 (i) In this section, "child advocacy center" means a facility operated with a
24 child-focused, community partnership committed to a multidisciplinary team approach
25 that includes representatives from law enforcement, child protection, criminal
26 prosecution, victim advocacy, and the medical and mental health fields who
27 collaborate and assist in investigating allegations of sexual or other abuse and neglect
28 of children.
29 * Sec. 50. AS 47.18.300(a) is amended to read:
30 (a) The department, in coordination with local public and private agencies,
31 shall design, develop, and implement a foster care transition program to provide
01 support and services to individuals who
02 (1) reach or have reached the age of 16 or older while in state foster
03 care and have not yet reached 23 years of age [THE AGE OF 21]; and
04 (2) meet other eligibility criteria established by the department under
05 (b) of this section.
06 * Sec. 51. The uncodified law of the State of Alaska is amended by adding a new section to
07 read:
08 DIRECT COURT RULE AMENDMENT. Rule 3(c), Alaska Child in Need of
09 Aid Rules of Procedure, is amended to read:
10 (c) Presence of Grandparent or Foster Parent. A grandparent of a child
11 and the foster parent or other out-of-home care provider are [IS] entitled to be heard
12 at any hearing at which the person is present. However, the court may limit the
13 presence of these persons in a hearing that has been closed to the public under
14 (f)(2) of this rule [THE FOSTER PARENT OR CARE PROVIDER] to the time
15 during which the person's testimony is being given if the court determines that such
16 a limitation is necessary under the circumstances listed in (f)(2)(C) of this rule [IT
17 IS (1) IN THE BEST INTEREST OF THE CHILD; OR (2) NECESSARY TO
18 PROTECT THE PRIVACY INTERESTS OF THE PARTIES AND WILL NOT BE
19 DETRIMENTAL TO THE CHILD].
20 * Sec. 52. The uncodified law of the State of Alaska is amended by adding a new section to
21 read:
22 DIRECT COURT RULE AMENDMENT. Rule 3(f), Alaska Child in Need of
23 Aid Rules of Procedure, is repealed and reenacted to read:
24 (f) General Public Access to Hearings.
25 (1) Except as provided in (2) of this paragraph, and unless prohibited
26 by federal or state statute or regulation, court order, or other court rule, hearings are
27 open to the public.
28 (2) The following hearings are closed to the public:
29 (A) the initial court hearing after the filing of a petition that
30 begins the child-in-need-of-aid case;
31 (B) a hearing following the initial hearing in which a parent,
01 child, or other party to the case is present but has not had an opportunity to
02 obtain legal representation;
03 (C) a hearing, or a part of a hearing, for which the court issues
04 a written order finding that allowing the hearing, or part of the hearing, to be
05 open to the public would reasonably be expected to stigmatize or be
06 emotionally damaging to a child; inhibit a child's testimony in the hearing;
07 disclose matters otherwise required to be kept confidential by state or federal
08 statute or regulation, court order, or court rule; or interfere with a criminal
09 investigation or proceeding or a criminal defendant's right to a fair trial in a
10 criminal proceeding.
11 (3) Before ruling on a request under (2)(C) of this paragraph
12 concerning potential interference with a criminal investigation or proceeding, the court
13 shall give notice and an opportunity to be heard to the state or a municipal agency that
14 is assigned to the criminal investigation or to the prosecuting attorney.
15 (4) If the court closes a hearing to the public under (2)(C) of this
16 paragraph, the court shall close only the portions of the hearing necessary to prevent
17 the potential harm listed in (2)(C) of this paragraph. If a hearing, or part of a hearing,
18 is open to the public, the court shall hear in camera any information offered regarding
19 the location, or readily leading to the location, of a parent, child, or other party to the
20 case who is a victim of domestic violence or whose safety or welfare may be
21 endangered by the public release of information. Access to testimony heard in camera
22 under this subparagraph is limited to the court and authorized court personnel.
23 (5) Notwithstanding any other provision of this rule, the court shall
24 issue an order to prohibit all persons in a hearing open to the public from disclosing to
25 any person a name, picture, or other information that would readily lead to the
26 identification of a child who is the subject of the proceeding. If a person violates the
27 order, the court may impose any appropriate sanction, including contempt and closure
28 of any further hearings in the proceeding to the person.
29 (6) A party to the proceeding may move the court to close to the public
30 a hearing, or part of the hearing, to avoid the harm specified in (2)(C) of this
31 paragraph. A member of the public may request in writing to be served with a motion
01 filed under this subparagraph. If such a request has been filed in advance of the filing
02 of the motion, the party filing the motion must also serve the member of the public
03 who requested notice under this subparagraph. The court may waive the service
04 required under this subparagraph to a member of the public if a motion to close the
05 hearing, or part of the hearing, is made under this subparagraph immediately before or
06 during the hearing and the court finds that
07 (A) the need for closure was not reasonably foreseeable
08 sufficiently in advance of the hearing to allow for notice;
09 (B) there is good cause not to delay the hearing in order to
10 achieve notice, taking into consideration the age of the child and the potential
11 adverse effect that a delay could have on the child; and
12 (C) whatever notice is practicable under the circumstances has
13 occurred.
14 * Sec. 53. The uncodified law of the State of Alaska is amended by adding a new section to
15 read:
16 DIRECT COURT RULE AMENDMENT. Rule 17.2(f), Alaska Child in Need
17 of Aid Rules of Procedure, is amended to read:
18 (f) Additional Findings. In addition to the findings required under paragraph
19 (e), the court shall also make written findings related to
20 (1) whether the Department has made reasonable efforts required
21 under AS 47.10.086 or, in the case of an Indian child, whether the Department has
22 made active efforts to provide remedial services and rehabilitative programs as
23 required by 25 U.S.C. Sec. 1912(d);
24 (2) whether the parent or guardian has made substantial progress to
25 remedy the parent's or guardian's conduct or conditions in the home that made the
26 child a child in need of aid; [AND]
27 (3) if the permanent plan is for the child to remain in out-of-home care,
28 whether the child's out-of-home placement continues to be appropriate and in the best
29 interests of the child; and
30 (4) whether the Department has made reasonable efforts to finalize
31 the permanent plan for the child.
01 * Sec. 54. The uncodified law of the State of Alaska is amended by adding a new section to
02 read:
03 DIRECT COURT RULE AMENDMENT. Rule 18(d)(1), Alaska Child in
04 Need of Aid Rules of Procedure, is amended to read:
05 (d) Relinquishment.
06 (1) Notwithstanding other provisions of this rule, the court may
07 terminate parental rights after a voluntary relinquishment pursuant to AS 47.10.089
08 [AS 25.23.180]. In the case of an Indian child, the relinquishment must meet the
09 requirements set forth in 25 U.S.C. § 1913(c).
10 * Sec. 55. The uncodified law of the State of Alaska is amended by adding a new section to
11 read:
12 DIRECT COURT RULE AMENDMENT. Rule 22(c), Alaska Child in Need
13 of Aid Rules of Procedure, is amended to read:
14 (c) Child's Name or Picture. The name or picture of a child who is the
15 subject of a CINA proceeding may not be made available to the public unless
16 authorized by court order accompanied by a written statement reciting the
17 circumstances which support such authorization, or unless to implement the
18 permanency plan for the child after all parental rights of custody have been
19 terminated.
20 * Sec. 56. The uncodified law of the State of Alaska is amended by adding a new section to
21 read:
22 DIRECT COURT RULE AMENDMENT. Rule 9(a), Alaska Adoption Rules,
23 is amended to read:
24 (a) Form. A consent or relinquishment must be in writing and must include:
25 (1) notice of the person's right to withdraw the consent or
26 relinquishment as provided by paragraphs (g) and (h) of this rule;
27 (2) the address and telephone number of the court in which the
28 adoption or relinquishment proceeding has or is expected to be filed;
29 (3) a statement of the right to counsel as stated in Rule 8;
30 (4) a statement concerning whether or not any visitation rights or
31 other parental privileges are sought to be retained after the adoption;
01 (5) if a consent, the information required in AS 25.23.060; and
02 (6) if signed by a parent, a statement of whether the parent is a minor.
03 * Sec. 57. The uncodified law of the State of Alaska is amended by adding a new section to
04 read:
05 DIRECT COURT RULE AMENDMENT. Rule 9(g), Alaska Adoption Rules,
06 is amended to read:
07 (g) Withdrawal of Consent or Relinquishment of a Non-Indian Child.
08 The parent of a non-Indian child may withdraw a consent or relinquishment by
09 notifying in writing the court, or the person or agency obtaining the consent or
10 relinquishment, within 10 days of the birth or signing of the consent or
11 relinquishment, whichever is later. Notification is timely if received or postmarked on
12 or before the last day of this time period. The parent may move the court to permit
13 withdrawal of the consent or relinquishment after the 10 day period pursuant to
14 AS 25.23.070 for a consent or AS 25.23.180(g) or AS 47.10.089(h) for a
15 relinquishment.
16 * Sec. 58. The uncodified law of the State of Alaska is amended by adding a new section to
17 read:
18 DIRECT COURT RULE AMENDMENT. Rule 13(a), Alaska Adoption
19 Rules, is amended to read:
20 (a) Voluntary Relinquishment. A decree terminating parental rights may be
21 entered after a voluntary relinquishment pursuant to AS 25.23.180 or AS 47.10.089.
22 The court shall enter findings of fact which must include a statement concerning
23 whether visitation rights are being allowed under AS 25.23.130(c) or other privileges
24 are being retained under AS 25.23.180 or AS 47.10.089, and whether the time limit
25 for withdrawal of the relinquishment has elapsed. If the relinquishment was signed in
26 the presence of the court, findings also must be entered as to whether the parent
27 understood the consequences of the relinquishment, and whether the relinquishment
28 was voluntarily signed.
29 In the case of a voluntary relinquishment of parental rights to an Indian child,
30 the court shall make additional findings concerning whether any notice required by
31 Rule 10(e) was timely given; whether the relinquishment was voluntary and in
01 compliance with the requirements of 25 U.S.C. Section 1913; and whether the child's
02 placement complies with the preferences set out in 25 U.S.C. Section 1915 or good
03 cause exists for deviation from the placement preference.
04 * Sec. 59. The uncodified law of the State of Alaska is amended by adding a new section to
05 read:
06 DIRECT COURT RULE AMENDMENT. Rule 801(d), Alaska Rules of
07 Evidence, is amended by adding a new paragraph to read:
08 (3) Recorded Statement by Child Victims of Crime. The statement is a
09 recorded statement by the victim of a crime who is less than 16 years of age and
10 (A) the recording was made before the proceeding;
11 (B) the victim is available for cross-examination;
12 (C) the prosecutor and any attorney representing the defendant
13 were not present when the statement was taken;
14 (D) the recording is on videotape or other format that records
15 both the visual and aural components of the statement;
16 (E) each person who participated in the taking of the statement
17 is identified on the recording;
18 (F) the taking of the statement as a whole was conducted in a
19 manner that would avoid undue influence of the victim;
20 (G) the defense has been provided a reasonable opportunity to
21 view the recording before the proceeding; and
22 (H) the court has had an opportunity to view the recording and
23 determine that it is sufficiently reliable and trustworthy and that the interests of
24 justice are best served by admitting the recording into evidence.
25 * Sec. 60. The uncodified law of the State of Alaska is amended by adding a new section to
26 read:
27 INDIRECT COURT RULE AMENDMENT. (a) AS 13.26.064, added by sec. 2 of
28 this Act, amends Rules 14 and 15, Alaska Rules of Probate Procedure, by providing that
29 retained privileges be set out in the guardianship decree and by providing additional
30 procedures related to a voluntary relinquishment of parental rights.
31 (b) AS 25.23.180(j) - (n) and AS 47.10.089, added by secs. 4 and 17 of this Act,
01 amend Rules 9 and 13, Alaska Adoption Rules, by requiring retained privileges to be set out
02 in the relinquishment form and order and by providing additional procedures related to the
03 relinquishment.
04 (c) AS 25.23.180(k) - (n) and AS 47.10.089(g), (h), and (j), added by secs. 4 and 17
05 of this Act, amend Rule 13, Alaska Adoption Rules, by authorizing review hearings for
06 voluntary relinquishments.
07 (d) AS 47.10.080(l), as amended by sec. 12 of this Act, amends Rule 17.2(f), Alaska
08 Child in Need of Aid Rules of Procedure, by modifying the grounds for review of a
09 permanent plan.
10 (e) AS 47.10.089, added by sec. 17 of this Act, amends Rule 18, Alaska Child in
11 Need of Aid Rules of Procedure, by providing that a relinquishment be in writing, allowing
12 for the withdrawal of the relinquishment, allowing for the retention of certain privileges, and
13 authorizing a review hearing before the entry of an adoption or legal guardianship decree.
14 * Sec. 61. The uncodified law of the State of Alaska is amended by adding a new section to
15 read:
16 INDIRECT COURT RULE AMENDMENT. (a) Sections 9 and 10 of this Act, and
17 AS 47.10.080(v), enacted by sec. 14 of this Act, have the effect of changing Rule 3, Alaska
18 Child in Need of Aid Rules of Procedure, by allowing members of the public to attend court
19 hearings except in certain circumstances.
20 (b) Sections 19 and 22 - 27 of this Act have the effect of changing Rule 22, Alaska
21 Child in Need of Aid Rules of Procedure, by allowing the disclosure of confidential
22 information pertaining to a child, including a child's name or picture to be made public in
23 certain circumstances.
24 * Sec. 62. The uncodified law of the State of Alaska is amended by adding a new section to
25 read:
26 APPLICABILITY. (a) The amendments to Rule 3, Alaska Child in Need of Aid
27 Rules of Procedure, made by secs. 51 and 52 of this Act, apply to hearings that are conducted
28 on or after the effective date of secs. 51 and 52 of this Act.
29 (b) Sections 9 - 11, 14, 18, 19, 22 - 27, 51, 52, and 55 of this Act apply to all
30 proceedings and hearings conducted on or after the effective date of those sections.
31 (c) Sections 9, 10, 14, and 19 - 27 of this Act apply to all information, records, and
01 files created on or after the effective date of those sections; however, if a file contains
02 information and records that were created before the effective date of secs. 9, 10, 14, and 19 -
03 27 of this Act, that information and those records retain the confidentiality that they had under
04 the law on the day before the effective date of secs. 9, 10, 14, and 19 - 27 of this Act.
05 * Sec. 63. The uncodified law of the State of Alaska is amended by adding a new section to
06 read:
07 TRANSITION: REGULATIONS. The Department of Health and Social Services
08 may proceed to adopt regulations necessary to implement the changes made by this Act. The
09 regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the
10 effective date of the relevant statutory change.
11 * Sec. 64. The uncodified law of the State of Alaska is amended by adding a new section to
12 read:
13 REVISOR'S INSTRUCTION. The revisor of statutes is instructed to change the
14 heading of AS 47.10.088 from "Termination of parental rights and responsibilities" to
15 "Involuntary termination of parental rights and responsibilities."
16 * Sec. 65. The uncodified law of the State of Alaska is amended by adding a new section to
17 read:
18 CONDITIONAL EFFECT. (a) The amendments to Rule 3, Alaska Child in Need of
19 Aid Rules of Procedure, made by secs. 51 and 52 of this Act, take effect only if secs. 51 and
20 52 of this Act receive the two-thirds majority vote of each house required by art. IV, sec. 15,
21 Constitution of the State of Alaska.
22 (b) Section 12 of this Act and Rule 17.2(f), Alaska Child in Need of Aid Rules, as
23 amended by sec. 53 of this Act, take effect only if sec. 53 and sec. 60(d) of this Act receive
24 the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution of the
25 State of Alaska.
26 (c) Rule 18(d)(1), Alaska Child in Need of Aid Rules, as amended by sec. 54 of this
27 Act, takes effect only if sec. 54 of this Act receives the two-thirds majority vote of each house
28 required by art. IV, sec. 15, Constitution of the State of Alaska.
29 (d) The amendments to Rule 22(c), Alaska Child in Need of Aid Rules of Procedure,
30 made by sec. 55 of this Act take effect only if sec. 55 of this Act receives the two-thirds
31 majority vote of each house required by art. IV, sec. 15, Constitution of the State of Alaska.
01 (e) Sections 9 and 10 of this Act, AS 47.10.080(v), enacted by sec. 14 of this Act, and
02 secs. 19 and 22 - 27 of this Act, take effect only if secs. 51, 52, 53, and 61 of this Act receive
03 the two-thirds majority vote of each house as required by art. IV, sec. 15, Constitution of the
04 State of Alaska.
05 (f) Rule 9(a), Alaska Adoption Rules, as amended by sec. 56 of this Act, takes effect
06 only if sec. 56 of this Act receives the two-thirds majority vote of each house required by art.
07 IV, sec. 15, Constitution of the State of Alaska.
08 (g) Rule 9(g), Alaska Adoption Rules, as amended by sec. 57 of this Act, takes effect
09 only if sec. 57 of this Act receives the two-thirds majority vote of each house required by art.
10 IV, sec. 15, Constitution of the State of Alaska.
11 (h) Rule 13(a), Alaska Adoption Rules, as amended by sec. 58 of this Act, takes effect
12 only if sec. 58 of this Act receives the two-thirds majority vote of each house required by art.
13 IV, sec. 15, Constitution of the State of Alaska.
14 (i) AS 13.26.064, added by sec. 2 of this Act, AS 25.23.180(j) - (n), added by sec. 4
15 of this Act, and AS 47.10.089, added by sec. 17 of this Act, take effect only if sec. 60(a) and
16 (b) of this Act receive the two-thirds majority vote of each house required by art. IV, sec. 15,
17 Constitution of the State of Alaska.
18 (j) Rule 801(d)(3), Alaska Rules of Evidence, added by sec. 59 of this Act, takes
19 effect only if sec. 59 of this Act receives the two-thirds majority vote of each house required
20 by art. IV, sec. 15, Constitution of the State of Alaska.
21 * Sec. 66. If, under sec. 65 of this Act, secs. 9 and 10 of this Act, AS 47.10.080(v), enacted
22 by sec. 14 of this Act, and secs. 19 and 22 - 27 of this Act take effect, they take effect July 1,
23 2005.
24 * Sec. 67. Except as provided in sec. 66 of this Act, this Act takes effect immediately under
25 AS 01.10.070(c).