SB 83: "An Act relating to the retaining of certain privileges of a parent in a relinquishment and termination of a parent and child relationship proceeding; relating to eligibility for permanent fund dividends for certain children in the custody of the state; relating to child in need of aid proceedings and juvenile delinquency proceedings; and providing for an effective date."
00 SENATE BILL NO. 83 01 "An Act relating to the retaining of certain privileges of a parent in a relinquishment 02 and termination of a parent and child relationship proceeding; relating to eligibility for 03 permanent fund dividends for certain children in the custody of the state; relating to 04 child in need of aid proceedings and juvenile delinquency proceedings; and providing 05 for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 25.23.180 is amended by adding a new subsection to read: 08 (j) In a relinquishment of parental rights executed under (a) of this section, a 09 parent may retain privileges with respect to the child, including the ability to have 10 future contact, communication, and visitation with the child. A retained privilege 11 must be stated with specificity in the writing and, if a termination order is entered 12 following the relinquishment, the court shall incorporate a retained privilege into the 13 termination order. A relinquishment may not be withdrawn or invalidated, nor may a
01 termination order be vacated, on the grounds that a retained privilege has been 02 withheld from the relinquishing parent or that the relinquishing parent has been 03 unable, for any reason, to act upon a retained privilege. 04 * Sec. 2. AS 43.23.005(f) is amended to read: 05 (f) The [IN A TIME OF NATIONAL MILITARY EMERGENCY, THE] 06 commissioner may waive the requirement of (a)(4) of this section for an individual 07 absent from the state 08 (1) in a time of national military emergency under military orders 09 while serving in the armed forces of the United States, or for the spouse and 10 dependents of that individual; or 11 (2) while in the custody of the Department of Health and Social 12 Services in accordance with a court order under AS 47.10 or AS 47.12 and placed 13 outside of the state by the Department of Health and Social Services for purposes 14 of medical or behavioral treatment. 15 * Sec. 3. AS 47.10.020(a) is amended to read: 16 (a) Whenever circumstances subject a child to the jurisdiction of the court 17 under AS 47.10.005 - 47.10.142, the court shall appoint a competent person or agency 18 to make a preliminary inquiry and report for the information of the court to determine 19 whether the best interests of the child require that further action be taken. The court 20 shall make the appointment on its own motion or at the request of a person or 21 agency having knowledge of the child's circumstances. If, under this subsection, 22 the court appoints a person or agency to make a preliminary inquiry and to report to it, 23 or if the department is conducting an investigation of a report of child abuse or 24 neglect, the court may issue any orders necessary to aid the person, the agency, 25 or the department in its investigation or in making the preliminary inquiry and 26 report. Upon [THEN, UPON THE] receipt of the report under this subsection, the 27 court may 28 (1) close the matter without a court hearing; 29 (2) determine whether the best interests of the child require that further 30 action be taken; or 31 (3) authorize the person or agency having knowledge of the facts of the
01 case to file with the court a petition setting out the facts. 02 * Sec. 4. AS 47.10.020 is amended by adding a new subsection to read: 03 (e) Nothing in this section requires the department to obtain authorization 04 from the court before 05 (1) conducting an investigation of a report of child abuse or neglect; or 06 (2) filing a petition. 07 * Sec. 5. AS 47.10 is amended by adding a new section to read: 08 Sec. 47.10.145. Expert witness testimony regarding absent parent, 09 guardian, or custodian. If the court finds by clear and convincing evidence that a 10 parent, guardian, or custodian of a child cannot be located after a reasonable search for 11 the parent, guardian, or custodian has been conducted by the department, the court 12 may conclude that the testimony of a qualified expert witness would support a finding 13 that continued custody of the child by the absent parent, guardian, or custodian is 14 likely to result in serious emotional or physical damage to the child. 15 * Sec. 6. 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 department, 18 "mental health professional" also includes a professional listed in the definition 19 of "mental health professional" in AS 47.30.915 who is not licensed to practice by 20 a board of this state but is licensed by a corresponding licensing authority to 21 practice in the state in which the child is placed. 22 * Sec. 7. AS 47.12.990(10) is amended to read: 23 (10) "mental health professional" has the meaning given in 24 AS 47.30.915, except that if the minor is placed in another state by the 25 department, "mental health professional" also includes a professional listed in 26 the definition of "mental health professional" in AS 47.30.915 who is not licensed 27 to practice by a board of this state but is licensed by a corresponding licensing 28 authority to practice in the state in which the minor is placed. 29 * Sec. 8. This Act takes effect immediately under AS 01.10.070(c).