00                      CS FOR HOUSE BILL NO. 408(HES)                                                                    
01 "An Act relating to the definition of 'child abuse or neglect'; and providing for an                                    
02 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; "child abuse or neglect" includes a                                  
09       determination, at delivery, by a health care provider that a child has been                                   
10       adversely affected by, or is withdrawing from exposure to, a controlled substance                             
11       or alcohol; in this paragraph,                                                                                
12                      (A)  "controlled substance" has the meaning given in                                           
13            AS 11.71.900, but does not include a substance lawfully taken under a                                    
14            prescription from a health care professional;                                                            

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