CSSB 105(EDC): "An Act relating to continuing the secondary public education of a homeless student; relating to the purpose of certain laws as they relate to children; relating to tuition waivers and medical assistance for a child placed in out-of-home care by the state; relating to foster care; relating to children in need of aid; and relating to out-of-home care transition to independent living."
00 CS FOR SENATE BILL NO. 105(EDC) 01 "An Act relating to continuing the secondary public education of a homeless student; 02 relating to the purpose of certain laws as they relate to children; relating to tuition 03 waivers and medical assistance for a child placed in out-of-home care by the state; 04 relating to foster care; relating to children in need of aid; and relating to out-of-home 05 care transition to independent living." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 14.03 is amended by adding a new section to read: 08 Sec. 14.03.096. Continuing the public education of a homeless student. (a) 09 Except as provided in (b) and (d) of this section, the governing body of a school 10 district shall comply with the requirements for continuing the public education of a 11 homeless student in the student's school of origin and for providing comparable 12 education and transportation services for the remainder of the current school year or, if 13 the student is attending school for a summer term, for the remainder of the summer
01 term, under 42 U.S.C. 11431 - 11435 (McKinney-Vento Homeless Education 02 Assistance Improvement Act of 2001), as those provisions existed on February 1, 03 2009. 04 (b) The requirements in (a) of this section do not apply if the student moves to 05 a school district other than the school district in which the student's school of origin is 06 located. 07 (c) If a homeless student is transferred to a school other than the student's 08 school of origin, the school of origin shall provide a copy of the student's records to 09 the student's new school within 7 school days after notification of the transfer. The 10 student's new school shall allow the student to attend school while awaiting the 11 transfer of records under this subsection. 12 (d) A school district is required to comply with this section only 13 (1) if the legislature appropriates funds for the purpose; and 14 (2) to the extent possible using funds appropriated for the purpose. 15 (e) In this section, 16 (1) "homeless student" has the meaning given in 42 U.S.C. 11434a for 17 "homeless child or youth," and the phrase "awaiting foster care placement" in that 18 definition shall be interpreted to include all students who are placed in out-of-home 19 care and in the custody of the Department of Health and Social Services under 20 AS 47.10.080(c) or who are committed to the custody of the Department of Health and 21 Social Services under AS 47.12.120(b)(1) or (3); 22 (2) "school of origin" means the school in which the student was last 23 enrolled. 24 * Sec. 2. AS 14.43 is amended by adding a new section to read: 25 Article 3A. Free Tuition for a Person Who Was in Out-of-Home Care. 26 Sec. 14.43.086. Free tuition and fees for a person who was in out-of-home 27 care. (a) A person who enrolls as a student in good standing in a state-supported 28 educational institution in the state is entitled to a waiver of tuition, fees, and room and 29 board expenses if the person provides adequate proof that the person 30 (1) was in the custody of the state under AS 47.10 or AS 47.14; 31 (2) was placed in out-of-home care for a period of not less than six
01 consecutive months on or after the person became 16 years of age; and 02 (3) is under 29 years of age. 03 (b) The amount of the waiver to which a person is entitled under this section is 04 the amount of unmet need for tuition, room, and board expenses, as determined by the 05 commission, after deducting funding for the school year from education loans, grants, 06 or scholarships received by a person eligible for a waiver. 07 (c) The proceeds of an education loan, grant, or scholarship received by a 08 person eligible for a waiver under this section must be paid to the educational 09 institution to offset the person's tuition, fees, and room and board expenses. 10 (d) A state-supported educational institution in the state is required to provide 11 a waiver under (a) of this section only if the legislature appropriates funds for the 12 purpose of offsetting waivers under this section. If an appropriation is not sufficient to 13 fully offset waivers for each person entitled to a waiver under (a) of this section, the 14 institution may offer full or partial waivers to eligible applicants as funding permits 15 and at the discretion of the institution. 16 * Sec. 3. AS 14.43.160 is amended by adding a new paragraph to read: 17 (7) "out-of-home care" has the meaning given in AS 47.14.400. 18 * Sec. 4. AS 36.30.850(b)(42) is amended to read: 19 (42) grants and contracts with qualified entities for services under 20 AS 47.18.330 for the out-of-home [FOSTER] care transition program; 21 * Sec. 5. AS 47.05.060 is amended to read: 22 Sec. 47.05.060. Purpose and policy relating to children. The purpose of this 23 title as it relates to children is to secure for each child the care and guidance, 24 preferably in the child's own home, as well as an adequate education, that will serve 25 the moral, emotional, mental, intellectual, and physical welfare of the child and the 26 best interests of the community; to preserve and strengthen the child's family ties 27 unless efforts to preserve and strengthen the ties are likely to result in physical or 28 emotional damage to the child, removing the child from the custody of the parents 29 only as a last resort when the child's welfare or safety or the protection of the public 30 cannot be adequately safeguarded without removal; and, when the child is removed 31 from the family, to secure for the child adequate custody, education, and care and
01 adequate planning for permanent placement of the child. 02 * Sec. 6. AS 47.05.065 is amended to read: 03 Sec. 47.05.065. Legislative findings related to children. The legislature finds 04 that 05 (1) parents have the following rights and responsibilities relating to the 06 care and control of their child while the child is a minor: 07 (A) the responsibility to provide the child with food, clothing, 08 shelter, education, and medical care; 09 (B) the right and responsibility to protect, nurture, train, and 10 discipline the child, including the right to direct the child's medical care and 11 the right to exercise reasonable corporal discipline; 12 (C) the right to determine where and with whom the child shall 13 live; 14 (D) the right and responsibility to make decisions of legal or 15 financial significance concerning the child; 16 (E) the right to obtain representation for the child in legal 17 actions; and 18 (F) the responsibility to provide special safeguards and care, 19 including appropriate prenatal and postnatal protection for the child; 20 (2) it is the policy of the state to strengthen families and to protect 21 children from child abuse and neglect; the state recognizes that, in some cases, 22 protection of a child may require removal of the child from the child's home; however, 23 (A) except in those cases involving serious risk to a child's 24 health or safety, the Department of Health and Social Services should provide 25 time-limited family support services to the child and the child's family in order 26 to offer parents the opportunity to remedy parental conduct or conditions in the 27 home that placed the child at risk of harm so that a child may return home 28 safely and permanently; and 29 (B) the state also recognizes that when a child is removed from 30 the home, visitation between the child and the child's parents or guardian and 31 family members reduces the trauma for the child and enhances the likelihood
01 that the child will be able to return home; therefore, whenever a child is 02 removed from the parental home, the Department of Health and Social 03 Services should encourage frequent, regular, and reasonable visitation of the 04 child with the child's parent or guardian and family members; 05 (3) it is the policy of the state to recognize that, when a child is a ward 06 of the state, the child is entitled to reasonable safety, adequate care, and adequate 07 treatment and that the Department of Health and Social Services as legal custodian and 08 the child's guardian ad litem as guardian of the child's best interests and their agents 09 and assignees, each should make reasonable efforts to ensure that the child is provided 10 with reasonable safety, adequate care, and adequate treatment for the duration of time 11 that the child is a ward of the state; 12 (4) it is in the best interests of a child who has been removed from the 13 child's own home for the state to apply the following principles in resolving the 14 situation: 15 (A) the child should be placed in a safe, secure, and stable 16 environment; 17 (B) the child should not be moved unnecessarily; 18 (C) a planning process should be followed to lead to permanent 19 placement of the child; 20 (D) every effort should be made to encourage psychological 21 attachment between the adult caregiver and the child; 22 (E) frequent, regular, and reasonable visitation with the parent 23 or guardian and family members should be encouraged; [AND] 24 (F) parents and guardians must actively participate in family 25 support services so as to facilitate the child's being able to remain in the home; 26 when children are removed from the home, the parents and guardians must 27 actively participate in family support services to make return of their children 28 to the home possible; and 29 (G) the child should continue to attend the child's school of 30 origin as provided under AS 14.03.096; 31 (5) numerous studies establish that
01 (A) children undergo a critical attachment process before the 02 time they reach six years of age; 03 (B) a child who has not attached with an adult caregiver during 04 this critical stage will suffer significant emotional damage that frequently leads 05 to chronic psychological problems and antisocial behavior when the child 06 reaches adolescence and adulthood; and 07 (C) it is important to provide for an expedited placement 08 procedure to ensure that all children, especially those under the age of six 09 years, who have been removed from their homes are placed in permanent 10 homes expeditiously. 11 * Sec. 7. AS 47.07.020(b) is amended to read: 12 (b) In addition to the persons specified in (a) of this section, the following 13 optional groups of persons for whom the state may claim federal financial 14 participation are eligible for medical assistance: 15 (1) persons eligible for but not receiving assistance under any plan of 16 the state approved under 42 U.S.C. 1381 - 1383c (Title XVI, Social Security Act, 17 Supplemental Security Income) or a federal program designated as the successor to the 18 aid to families with dependent children program; 19 (2) persons in a general hospital, skilled nursing facility, or 20 intermediate care facility, who, if they left the facility, would be eligible for assistance 21 under one of the federal programs specified in (1) of this subsection; 22 (3) persons under 21 years of age who are under supervision of the 23 department, for whom maintenance is being paid in whole or in part from public 24 funds, and who are in out-of-home care [FOSTER HOMES] or private child-care 25 institutions; 26 (4) aged, blind, or disabled persons, who, because they do not meet 27 income and resources requirements, do not receive supplemental security income 28 under 42 U.S.C. 1381 - 1383c (Title XVI, Social Security Act), and who do not 29 receive a mandatory state supplement, but who are eligible, or would be eligible if 30 they were not in a skilled nursing facility or intermediate care facility to receive an 31 optional state supplementary payment;
01 (5) persons under 21 years of age who are in an institution designated 02 as an intermediate care facility for the mentally retarded and who are financially 03 eligible as determined by the standards of the federal program designated as the 04 successor to the aid to families with dependent children program; 05 (6) persons in a medical or intermediate care facility whose income 06 while in the facility does not exceed $1,656 a month but who would not be eligible for 07 an optional state supplementary payment if they left the hospital or other facility; 08 (7) persons under 21 years of age who are receiving active treatment in 09 a psychiatric hospital and who are financially eligible as determined by the standards 10 of the federal program designated as the successor to the aid to families with 11 dependent children program; 12 (8) persons under 21 years of age and not covered under (a) of this 13 section [,] who would be eligible for benefits under the federal program designated as 14 the successor to the aid to families with dependent children program, except that they 15 have the care and support of both their natural and adoptive parents; 16 (9) pregnant women not covered under (a) of this section and who 17 meet the income and resource requirements of the federal program designated as the 18 successor to the aid to families with dependent children program; 19 (10) persons under 21 years of age not covered under (a) of this section 20 who the department has determined cannot be placed for adoption without medical 21 assistance because of a special need for medical or rehabilitative care and who the 22 department has determined are hard-to-place children eligible for subsidy under 23 AS 25.23.190 - 25.23.210; 24 (11) persons who can be considered under 42 U.S.C. 1396a(e)(3) (Title 25 XIX, Social Security Act, Medical Assistance) to be individuals with respect to whom 26 a supplemental security income is being paid under 42 U.S.C. 1381 - 1383c (Title 27 XVI, Social Security Act) because they meet all of the following criteria: 28 (A) they are 18 years of age or younger and qualify as disabled 29 individuals under 42 U.S.C. 1382c(a) (Title XVI, Social Security Act); 30 (B) the department has determined that 31 (i) they require a level of care provided in a hospital,
01 nursing facility, or intermediate care facility for the mentally retarded; 02 (ii) it is appropriate to provide their care outside of an 03 institution; and 04 (iii) the estimated amount that would be spent for 05 medical assistance for their individual care outside an institution is not 06 greater than the estimated amount that would otherwise be expended 07 individually for medical assistance within an appropriate institution; 08 (C) if they were in a medical institution, they would be eligible 09 for medical assistance under other provisions of this chapter; and 10 (D) home and community-based services under a waiver 11 approved by the federal government are either not available to them under this 12 chapter or would be inappropriate for them; 13 (12) disabled persons, as described in 42 U.S.C. 14 1396a(a)(10)(A)(ii)(XIII), who are in families whose income, as determined under 15 applicable federal regulations or guidelines, is less than 250 percent of the official 16 poverty line applicable to a family of that size according to the United States 17 Department of Health and Human Services, and who, but for earnings in excess of the 18 limit established under 42 U.S.C. 1396d(q)(2)(B), would be considered to be 19 individuals with respect to whom a supplemental security income is being paid under 20 42 U.S.C. 1381 - 1383c; a person eligible for assistance under this paragraph who is 21 not eligible under another provision of this section shall pay a premium or other cost- 22 sharing charges according to a sliding fee scale that is based on income as established 23 by the department in regulations; 24 (13) persons under 19 years of age who are not covered under (a) of 25 this section and whose household income does not exceed 175 percent of the federal 26 poverty line as defined by the United States Department of Health and Human 27 Services and revised under 42 U.S.C. 9902(2); 28 (14) pregnant women who are not covered under (a) of this section and 29 whose household income does not exceed 175 percent of the federal poverty line as 30 defined by the United States Department of Health and Human Services and revised 31 under 42 U.S.C. 9902(2);
01 (15) persons who have been diagnosed with breast or cervical cancer 02 and who are eligible for coverage under 42 U.S.C. 1396a(a)(10)(A)(ii)(XVIII); 03 (16) persons under 21 years of age who were in the custody of the 04 department under AS 47.10 or AS 47.14 and who were placed in out-of-home 05 care for a period of not less than six consecutive months on or after reaching 16 06 years of age. 07 * Sec. 8. AS 47.07.020 is amended by adding a new subsection to read: 08 (o) In this section, "out-of-home care" has the meaning given in AS 47.14.400. 09 * Sec. 9. AS 47.10.080(c) is amended to read: 10 (c) If the court finds that the child is a child in need of aid, the court shall 11 (1) order the child committed to the department for placement in an 12 appropriate setting for a period of time not to exceed two years or in any event not to 13 extend past the date the child becomes 19 years of age, except that the department or 14 the child's guardian ad litem may petition for and the court may grant in a hearing 15 (A) one-year extensions of commitment that do not extend 16 beyond the child's 19th birthday if the extension is in the best interests of the 17 child; and 18 (B) one-year extensions of commitment that do not extend 19 beyond the child's 21st birthday [AN ADDITIONAL ONE-YEAR PERIOD 20 OF STATE CUSTODY PAST 19 YEARS OF AGE] if the continued state 21 custody is in the best interests of the person and the person consents to it; 22 (2) order the child released to a parent, adult family member, or 23 guardian of the child or to another suitable person, and, in appropriate cases, order the 24 parent, adult family member, guardian, or other person to provide medical or other 25 care and treatment; if the court releases the child, it shall direct the department to 26 supervise the care and treatment given to the child, but the court may dispense with 27 the department's supervision if the court finds that the adult to whom the child is 28 released will adequately care for the child without supervision; the department's 29 supervision may not exceed two years or in any event extend past the date the child 30 reaches 19 years of age, except that the department or the child's guardian ad litem 31 may petition for and the court may grant in a hearing
01 (A) one-year extensions of supervision that do not extend 02 beyond the child's 19th birthday if the extensions are in the best interests of the 03 child; and 04 (B) an additional one-year period of supervision past 19 years 05 of age if the continued supervision is in the best interests of the person and the 06 person consents to it; or 07 (3) order, under the grounds specified in (o) of this section or 08 AS 47.10.088, the termination of parental rights and responsibilities of one or both 09 parents and commit the child to the custody of the department, and the department 10 shall report quarterly to the court on efforts being made to find a permanent placement 11 for the child. 12 * Sec. 10. AS 47.10.080 is amended by adding a new subsection to read: 13 (v) A social worker employed by or under contract with the department shall, 14 not less than monthly, conduct visits with a child committed to the custody of the 15 department under (c) of this section. The visits must be of sufficient substance and 16 duration to address issues pertinent to case planning and service delivery to ensure the 17 child's safety, permanency, and well-being. The majority of the visits conducted under 18 this subsection must be at the location of the child's current placement. Nothing in this 19 paragraph creates a private right of action against the department or the department's 20 contractors. In this subsection, "visit" means face-to-face contact between social 21 worker and child. 22 * Sec. 11. AS 47.10.990(3) is amended to read: 23 (3) "child" means a person who is 24 (A) under 18 years of age; 25 (B) [AND A PERSON] 19 years of age if that person was 26 under 18 years of age at the time that a proceeding under this chapter was 27 commenced; and 28 (C) under 21 years of age if that person is living in out-of- 29 home care; 30 * Sec. 12. AS 47.10.990 is amended by adding a new paragraph to read: 31 (33) "out-of-home care" has the meaning given in AS 47.14.400.
01 * Sec. 13. AS 47.18.300(a) is amended to read: 02 (a) The department, in coordination with local public and private agencies, 03 shall design, develop, and implement an out-of-home care [A FOSTER CARE] 04 transition program to provide support and services to individuals who 05 (1) reach or have reached the age of 16 or older while in state custody 06 and placed in out-of-home [FOSTER] care and have not yet reached 23 years of age; 07 and 08 (2) meet other eligibility criteria established by the department under 09 (b) of this section. 10 * Sec. 14. AS 47.18.310 is amended to read: 11 Sec. 47.18.310. Program design. The department, in coordination with local 12 public and private agencies, shall design the program as a continuation of the training 13 efforts related to independent living skills that were initiated for a child in state 14 custody who was placed in out-of-home care and [WHEN THE STATE FOSTER 15 CARE RECIPIENTS WERE] identified as being likely to remain in out-of-home 16 [STATE FOSTER] care until reaching not less than the age of 18. The program 17 design must require that program participants are directly involved in identifying the 18 program activities that will prepare them for independent living. 19 * Sec. 15. AS 47.18.320(a) is amended to read: 20 (a) Subject to the availability of an appropriation made for the purposes of 21 AS 47.18.300 - 47.18.390, the program may provide 22 (1) education and vocational training; 23 (2) assistance in obtaining basic education and training; 24 (3) career and employment services; 25 (4) training in basic life skills; 26 (5) housing and utility assistance; 27 (6) mentoring and counseling; and 28 (7) other appropriate services to complement the efforts of former state 29 foster care recipients or a child who was in state custody and placed in out-of- 30 home care to achieve self-sufficiency. 31 * Sec. 16. AS 47.18 is amended by adding a new section to read:
01 Sec. 47.18.335. Monetary living expense stipend. The department shall 02 provide to an individual eligible for services under the program who has left out-of- 03 home care a monthly stipend in an amount set by the department that is not more than 04 the daily rate provided to a licensed foster parent for necessary living expenses. The 05 stipend shall continue for a period of not more than one year and shall end before the 06 individual is 23 years of age. The department may adopt regulations to implement this 07 section. 08 * Sec. 17. AS 47.18.390(1) is amended to read: 09 (1) "program" means the out-of-home [FOSTER] care transition 10 program authorized under AS 47.18.300 - 47.18.390; 11 * Sec. 18. AS 47.18.390(3) is repealed and reenacted to read: 12 (3) "out-of-home care" has the meaning given in AS 47.14.400.