txt

CSHB 343(JUD) am: "An Act relating to disclosure of records of the Department of Health and Social Services pertaining to children in certain circumstances; and providing for an effective date."

00                      CS FOR HOUSE BILL NO. 343(JUD) am                                                                  
01 "An Act relating to disclosure of records of the Department of Health and Social                                        
02 Services pertaining to children in certain circumstances; and providing for an effective                                
03 date."                                                                                                                  
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 47.10.093(b) is amended to read:                                                                   
06            (b)  A state or municipal agency or employee shall disclose appropriate                                      
07       confidential information regarding a case to                                                                      
08                 (1)  a guardian ad litem appointed by the court;                                                        
09                 (2)  a person or an agency requested by the department or the child's                                   
10       legal custodian to provide consultation or services for a child who is subject to the                             
11       jurisdiction of the court under AS 47.10.010 as necessary to enable the provision of                              
12       the consultation or services;                                                                                     
13                 (3)  an out-of-home care provider as necessary to enable the out-of-                                    
14       home care provider to provide appropriate care to the child, to protect the safety of the                         
01       child, and to protect the safety and property of family members and visitors of the out-                          
02       of-home care provider;                                                                                            
03                 (4)  a school official as necessary to enable the school to provide                                     
04       appropriate counseling and support services to a child who is the subject of the case, to                         
05       protect the safety of the child, and to protect the safety of school students and staff;                          
06                 (5)  a governmental agency as necessary to obtain that agency's                                         
07       assistance for the department in its investigation or to obtain physical custody of a                             
08       child;                                                                                                            
09                 (6)  a law enforcement agency of this state or another jurisdiction as                                  
10       necessary for the protection of any child or for actions by that agency to protect the                            
11       public safety;                                                                                                    
12                 (7)  a member of a multidisciplinary child protection team created                                      
13       under AS 47.14.300 as necessary for the performance of the member's duties;                                       
14                 (8)  the state medical examiner under AS 12.65 as necessary for the                                     
15       performance of the duties of the state medical examiner;                                                          
16                 (9)  a person who has made a report of harm as required by                                              
17       AS 47.17.020 to inform the person that the investigation was completed and of action                              
18       taken to protect the child who was the subject of the report;                                                     
19                 (10)  the child support services agency established in AS 25.27.010 as                                  
20       necessary to establish and collect child support for a child who is a child in need of aid                        
21       under this chapter;                                                                                               
22                 (11)  a parent, guardian, or caregiver of a child or an entity responsible                              
23       for ensuring the safety of children as necessary to protect the safety of a child;                                
24                 (12)  a review panel established by the department for the purpose of                                   
25       reviewing the actions taken by the department in a specific case; [AND]                                           
26                 (13)  the University of Alaska under the Alaska higher education                                        
27       savings program for children established under AS 47.14.400, but only to the extent                               
28       that the information is necessary to support the program and only if the information                              
29       released is maintained as a confidential record by the University of Alaska;                                  
30                 (14)  a child placement agency licensed under AS 47.32 as                                           
31       necessary to provide services for a child who is the subject of the case; and                                 
01                 (15)  a state or municipal agency of this state or another                                          
02       jurisdiction that is responsible for delinquent minors, as may be necessary for the                           
03       administration of services, protection, rehabilitation, or supervision of a child or                          
04       for actions by the agency to protect the public safety; however, a court may                                  
05       review an objection made to a disclosure under this paragraph; the person                                     
06       objecting to the disclosure bears the burden of establishing by a preponderance                               
07       of the evidence that disclosure is not in the child's best interest.                                          
08    * Sec. 2. AS 47.12.310(b) is amended to read:                                                                      
09            (b)  A state or municipal agency or employee shall disclose                                                  
10                 (1)  information regarding a case to a federal, state, or municipal law                                 
11       enforcement agency for a specific investigation being conducted by that agency;                                   
12                 (2)  appropriate information regarding a case to                                                        
13                      (A)  a guardian ad litem appointed by the court;                                                   
14                      (B)  a person or an agency requested by the department or the                                      
15            minor's legal custodian to provide consultation or services for a minor who is                               
16            subject to the jurisdiction of the court under this chapter as necessary to enable                           
17            the provision of the consultation or services;                                                               
18                      (C)  school officials as may be necessary to protect the safety of                                 
19            the minor who is the subject of the case and the safety of school students and                               
20            staff or to enable the school to provide appropriate counseling and supportive                               
21            services to meet the needs of a minor about whom information is disclosed;                                   
22                      (D)  a governmental agency as may be necessary to obtain that                                      
23            agency's assistance for the department in its investigation or to obtain physical                            
24            custody of a minor;                                                                                          
25                      (E)  a law enforcement agency of this state or another                                             
26            jurisdiction as may be necessary for the protection, rehabilitation, or                                      
27            supervision of any minor or for actions by that agency to protect the public                                 
28            safety;                                                                                                      
29                      (F)  a victim or to the victim's insurance company as may be                                       
30            necessary to inform the victim or the insurance company about the arrest of the                              
31            minor, including the minor's name and the names of the minor's parents, copies                               
01            of reports, or the disposition or resolution of a case involving a minor;                                    
02                      (G)  the state medical examiner under AS 12.65 as may be                                           
03            necessary to perform the duties of the state medical examiner;                                               
04                      (H)  foster parents or relatives with whom the child is placed by                                  
05            the department as may be necessary to enable the foster parents or relatives to                              
06            provide appropriate care for the child who is the subject of the case, to protect                            
07            the safety of the child who is the subject of the case, and to protect the safety                            
08            and property of family members and visitors of the foster parents or relatives;                              
09                      (I)  the Department of Law or its agent for use and subsequent                                     
10            release if necessary for collection of an order of restitution on behalf of the                              
11            recipient;                                                                                                   
12                      (J)  the Violent Crimes Compensation Board established in                                          
13            AS 18.67.020 for use in awarding compensation under AS 18.67.080; [AND]                                      
14                      (K)  a state, municipal, or federal agency of this state or another                                
15            jurisdiction that has the authority to license adult or children's facilities and                            
16            services;                                                                                                    
17                      (L)  a child placement agency licensed under AS 47.32 as                                       
18            necessary to provide services for a minor who is subject to the jurisdiction                             
19            of the court under this chapter; and                                                                     
20                      (M)  a state or municipal agency of this state or another                                      
21            jurisdiction that is responsible for child protection services, as may be                                
22            necessary for the administration of services, protection, rehabilitation, or                             
23            supervision of a minor or for actions by the agency to protect the public                                
24            safety; and                                                                                              
25                 (3)  to the University of Alaska under the Alaska higher education                                      
26       savings program for children established under AS 47.14.400 information that is                                   
27       necessary to support the program, but only if the information released is maintained as                           
28       a confidential record by the University of Alaska.                                                                
29    * Sec. 3. AS 47.12.310(f) is amended to read:                                                                      
30            (f)  The department may release to a person with a legitimate interest                                       
31       information relating to a minor [MINORS NOT] subject to the jurisdiction of the                               
01       department [COURT] under this chapter. The department shall adopt regulations                             
02       under AS 44.62 to implement this subsection, including regulations governing the                              
03       release of information and standards for identifying a [SUFFICIENT] legitimate                                
04       interest in the information.                                                                                  
05    * Sec. 4. AS 47.12.315 is repealed and reenacted to read:                                                          
06            Sec. 47.12.315. Public disclosure of information in department records                                     
07       relating to certain minors. (a) Notwithstanding AS 47.12.310 and except as                                      
08       otherwise provided in this section, the department shall disclose information to the                              
09       public, on request, concerning a minor subject to this chapter who was at least 13                                
10       years of age at the time of commission of                                                                         
11                 (1)  a felony offense against a person under AS 11.41;                                                  
12                 (2)  arson in the first or second degree;                                                               
13                 (3)  burglary in the first degree;                                                                      
14                 (4)  distribution of child pornography;                                                                 
15                 (5)  promoting prostitution in the first degree;                                                        
16                 (6)  misconduct involving a controlled substance in the first, second, or                               
17       third degrees involving distribution or possession with intent to deliver; or                                     
18                 (7)  misconduct involving weapons in the first through fourth degrees.                                  
19            (b)  The department may disclose the information authorized in (a) of this                                   
20       section only if a court has adjudicated the minor as delinquent.                                                  
21            (c)  When required by this section to disclose information, the department may                               
22       disclose only the name of the minor, the name of each legal parent or guardian, the                               
23       specific offense alleged to have been committed in the petition, and the final outcome                            
24       of the court proceedings relating to the offense. Before the disclosure, the department                           
25       shall delete the information that identifies the victim of the offense.                                           
26            (d)  The department may not disclose the name of an out-of-home care                                         
27       provider with whom the minor was living at the time the minor was alleged to have                                 
28       committed the offense.                                                                                            
29            (e)  If the department or other state or municipal agency maintains the                                      
30       information to be disclosed by electronic means that can be recovered from a                                      
31       computer database, the department or agency may disclose the information in that                                  
01       medium.                                                                                                           
02            (f)  The department may not release information under this section after five                                
03       years from the date the department or other agency is first required or authorized to                             
04       make the disclosure under this section.                                                                           
05            (g)  When disclosure is required under this section, the department may                                      
06       petition the court for an order prohibiting the disclosure. The court may grant the                               
07       petition if, based on information presented in the petition or at an in camera hearing                            
08       held on the petition, the court finds that                                                                        
09                 (1)  the crime was an isolated incident and the minor does not present                                  
10       any further danger to the public; or                                                                              
11                 (2)  the victim agrees that disclosure is inappropriate.                                                
12            (h)  In this section, unless the context otherwise requires, "out-of-home care                               
13       provider" means a person, other than the child's legal parents, with whom a child who                             
14       is in the custody of the state under AS 47.10, AS 47.12, or AS 47.14 is currently                                 
15       placed, including a foster parent, a relative other than a parent, and a person who has                           
16       petitioned for adoption or guardianship of the child.                                                             
17    * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to                          
18 read:                                                                                                                   
19       TRANSITION: REGULATIONS. The Department of Health and Social Services may                                         
20 adopt regulations necessary to implement the changes made by this Act. The regulations take                             
21 effect under AS 44.62 (Administrative Procedure Act), but not before the effective date of                              
22 secs. 1 - 4 of this Act.                                                                                                
23    * Sec. 6. Section 5 of this Act takes effect immediately under AS 01.10.070(c).                                    
24    * Sec. 7. Except as provided in sec. 6 of this Act, this Act takes effect July 1, 2012.