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