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SB 76: "An Act establishing a higher education savings program for eligible children who were placed in out-of-home care by the state; and providing for confidentiality of identifying information of a beneficiary under the program."

00                             SENATE BILL NO. 76                                                                          
01 "An Act establishing a higher education savings program for eligible children who were                                  
02 placed in out-of-home care by the state; and providing for confidentiality of identifying                               
03 information of a beneficiary under the program."                                                                        
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 47.05 is amended by adding a new section to read:                                                  
06          Article 4. Alaska Higher Education Savings Program for Children.                                             
07            Sec. 47.05.400. Higher education savings program. (a) The department shall                               
08       administer a program to encourage investment by a person or entity in the higher                                  
09       education of eligible children in the state. The program must include                                             
10                 (1)  a central office, dedicated to faith-based and community services,                                 
11       for development and marketing of the program;                                                                     
12                 (2)  a mechanism for the department to establish and maintain a                                         
13       University of Alaska college savings plan under AS 14.40.802 - 14.40.817 for an                                   
14       eligible child who is a beneficiary of the program;                                                               
01                 (3)  a process for identifying donors and eligible beneficiaries;                                       
02                 (4)  a process for distributing nonidentifying information about an                                     
03       eligible beneficiary to a potential donor, including the age, sex, and general location of                        
04       the beneficiary, unless the information readily leads to the identification of the eligible                       
05       beneficiary;                                                                                                      
06                 (5)  terms and conditions for participation in the program that are                                     
07       consistent with the University of Alaska college savings plan restrictions and with                               
08       federal law pertaining to higher education savings accounts; and                                                  
09                 (6)  a procedure for monitoring success of the program, for record                                      
10       keeping, and for maintaining confidentiality of records as required by federal and state                          
11       law.                                                                                                              
12            (b)  A person is eligible for participation in the higher education savings                                  
13       program for children as a beneficiary if the person was ordered committed to the                                  
14       custody of the department under AS 47.10.080(c) or AS 47.12.120(b)(1) or (3), was                                 
15       placed in out-of-home care for not less than two years, and is a resident of the state.                           
16            (c)  The commissioner or the commissioner's designee may name a new                                          
17       beneficiary to an existing college savings plan established under (a) of this section if                          
18       the new designation is not prohibited under federal law or under the University of                                
19       Alaska college savings plan and if the named beneficiary dies, fails to enroll in an                              
20       eligible program before the beneficiary becomes 30 years of age, or fails to meet                                 
21       conditions established in regulations adopted by the commissioner.                                                
22            (d)  Identifying information of a beneficiary contained in records related to the                            
23       program is confidential.                                                                                          
24            (e)  In this section,                                                                                        
25                 (1)  "beneficiary" has the meaning given in AS 14.40.802;                                               
26                 (2)  "college savings plan" means a post secondary education savings                                    
27       program or advanced college savings tuition savings contract established under                                    
28       AS 14.40.802 - 14.40.817;                                                                                         
29                 (3)  "donor" means the person or entity who contributes to the higher                                   
30       education savings program for children for the purpose of establishing or contributing                            
31       to a college savings account established for a child under this section;                                          
01                 (4)  "out-of-home" means the residence of a foster parent or relative,                                  
02       other than a parent, at which a child is placed by the state.                                                     
03    * Sec. 2. AS 47.10.093(b) is amended to read:                                                                      
04            (b)  A state or municipal agency or employee shall disclose appropriate                                      
05       confidential information regarding a case to                                                                      
06                 (1)  a guardian ad litem appointed by the court;                                                        
07                 (2)  a person or an agency requested by the department or the child's                                   
08       legal custodian to provide consultation or services for a child who is subject to the                             
09       jurisdiction of the court under AS 47.10.010 as necessary to enable the provision of                              
10       the consultation or services;                                                                                     
11                 (3)  an out-of-home care provider as necessary to enable the out-of-                                    
12       home care provider to provide appropriate care to the child, to protect the safety of the                         
13       child, and to protect the safety and property of family members and visitors of the out-                          
14       of-home care provider;                                                                                            
15                 (4)  a school official as necessary to enable the school to provide                                     
16       appropriate counseling and support services to a child who is the subject of the case, to                         
17       protect the safety of the child, and to protect the safety of school students and staff;                          
18                 (5)  a governmental agency as necessary to obtain that agency's                                         
19       assistance for the department in its investigation or to obtain physical custody of a                             
20       child;                                                                                                            
21                 (6)  a law enforcement agency of this state or another jurisdiction as                                  
22       necessary for the protection of any child or for actions by that agency to protect the                            
23       public safety;                                                                                                    
24                 (7)  a member of a multidisciplinary child protection team created                                      
25       under AS 47.14.300 as necessary for the performance of the member's duties;                                       
26                 (8)  the state medical examiner under AS 12.65 as necessary for the                                     
27       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;                                                     
31                 (10)  the child support services agency established in AS 25.27.010 as                                  
01       necessary to establish and collect child support for a child who is a child in need of aid                        
02       under this chapter;                                                                                               
03                 (11)  a parent, guardian, or caregiver of a child or an entity responsible                              
04       for ensuring the safety of children as necessary to protect the safety of a child; [AND]                          
05                 (12)  a review panel established by the department for the purpose of                                   
06       reviewing the actions taken by the department in a specific case; and                                         
07                 (13)  the University of Alaska under the Alaska higher education                                    
08       savings program for children established under AS 47.05.400, but only to the                                  
09       extent that the information is necessary to support the program and only if the                               
10       information released is maintained as a confidential record by the University of                              
11       Alaska.                                                                                                       
12    * Sec. 3. AS 47.12.310(b) is amended to read:                                                                      
13            (b)  A state or municipal agency or employee shall disclose                                                  
14                 (1)  information regarding a case to a federal, state, or municipal law                                 
15       enforcement agency for a specific investigation being conducted by that agency;                                   
16       [AND]                                                                                                             
17                 (2)  appropriate information regarding a case to                                                        
18                      (A)  a guardian ad litem appointed by the court;                                                   
19                      (B)  a person or an agency requested by the department or the                                      
20            minor's legal custodian to provide consultation or services for a minor who is                               
21            subject to the jurisdiction of the court under this chapter as necessary to enable                           
22            the provision of the consultation or services;                                                               
23                      (C)  school officials as may be necessary to protect the safety of                                 
24            the minor who is the subject of the case and the safety of school students and                               
25            staff or to enable the school to provide appropriate counseling and supportive                               
26            services to meet the needs of a minor about whom information is disclosed;                                   
27                      (D)  a governmental agency as may be necessary to obtain that                                      
28            agency's assistance for the department in its investigation or to obtain physical                            
29            custody of a minor;                                                                                          
30                      (E)  a law enforcement agency of this state or another                                             
31            jurisdiction as may be necessary for the protection, rehabilitation, or                                      
01            supervision of any minor or for actions by that agency to protect the public                                 
02            safety;                                                                                                      
03                      (F)  a victim or to the victim's insurance company as may be                                       
04            necessary to inform the victim or the insurance company about the arrest of the                              
05            minor, including the minor's name and the names of the minor's parents, copies                               
06            of reports, or the disposition or resolution of a case involving a minor;                                    
07                      (G)  the state medical examiner under AS 12.65 as may be                                           
08            necessary to perform the duties of the state medical examiner;                                               
09                      (H)  foster parents or relatives with whom the child is placed by                                  
10            the department as may be necessary to enable the foster parents or relatives to                              
11            provide appropriate care for the child who is the subject of the case, to protect                            
12            the safety of the child who is the subject of the case, and to protect the safety                            
13            and property of family members and visitors of the foster parents or relatives;                              
14                      (I)  the Department of Law or its agent for use and subsequent                                     
15            release if necessary for collection of an order of restitution on behalf of the                              
16            recipient;                                                                                                   
17                      (J)  the Violent Crimes Compensation Board established in                                          
18            AS 18.67.020 for use in awarding compensation under AS 18.67.080; and                                        
19                      (K)  a state, municipal, or federal agency of this state or another                                
20            jurisdiction that has the authority to license adult or children's facilities and                            
21            services; and                                                                                            
22                 (3)  to the University of Alaska under the Alaska higher education                                  
23       savings program for children established under AS 47.05.400, information that is                              
24       necessary to support the program, but only if the information released is                                     
25       maintained as a confidential record by the University of Alaska.