00                            HOUSE BILL NO. 408                                                                          
01 "An Act relating to the definition of 'child abuse and neglect' for child protection                                    
02 purposes; and providing for an effective date."                                                                         
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 47.17.290(2) is amended to read:                                                                  
05                 (2)  "child abuse or neglect" means the physical injury or neglect,                                     
06       mental injury, sexual abuse, sexual exploitation, or maltreatment of a child under the                            
07       age of 18 by a person under circumstances that indicate that the child's health or                                
08       welfare is harmed or threatened thereby; in this paragraph,                                                       
09                      (A)  "child" includes an infant who has been identified by a                                   
10            health care provider involved in the delivery or care of that infant as                                  
11            being affected by abuse of a controlled substance or from withdrawal                                     
12            from prenatal exposure to a controlled substance;                                                        
13                      (B)  "controlled substance" has the meaning given in                                           
14            AS 11.71.900, but does not include a substance lawfully taken under a                                    

01            prescription from a health care professional;                                                            
02                      (C)  "mental injury" means an injury to the emotional well-                                    
03            being, or intellectual or psychological capacity of a child, as evidenced by an                              
04            observable and substantial impairment in the child's ability to function;                                    
05    * Sec. 2. This Act takes effect immediately under AS 01.10.070(c).