Enrolled SB 82: Relating to the procedures and jurisdiction of the Department of Health and Social Services for the care of children who are in state custody; relating to court jurisdiction and findings pertaining to children who are in state custody; and modifying the licensing requirements for foster care.
00Enrolled SB 82 01 Relating to the procedures and jurisdiction of the Department of Health and Social Services 02 for the care of children who are in state custody; relating to court jurisdiction and findings 03 pertaining to children who are in state custody; and modifying the licensing requirements for 04 foster care. 05 _______________ 06 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 07 to read: 08 SHORT TITLE. This Act may be known as the Alaska Foster Family Protection Act. 09 * Sec. 2. AS 47.10.080(l) is amended to read: 10 (l) Within 12 months after the date a child enters foster care as calculated 11 under AS 47.10.088(f), the court shall hold a permanency hearing. The hearing and 12 permanent plan developed in the hearing are governed by the following provisions: 13 (1) the persons entitled to be heard under AS 47.10.070 or under (f) of 14 this section are also entitled to be heard at the hearing held under this subsection;
01 (2) when establishing the permanent plan for the child, the court shall 02 make appropriate written findings, including findings related to whether 03 (A) and when the child should be returned to the parent or 04 guardian; 05 (B) the child should be placed for adoption or legal 06 guardianship and whether a petition for termination of parental rights should be 07 filed by the department; and 08 (C) there is a compelling reason that the most appropriate 09 placement for the child is [SHOULD BE PLACED] in another planned, 10 permanent living arrangement and the department has recommended the 11 arrangement under AS 47.14.100(p); the findings under this paragraph 12 must include the steps that [AND WHAT STEPS] are necessary to achieve 13 the new arrangement; 14 (3) if the court is unable to make a finding required under (2) of this 15 subsection, the court shall hold another hearing within a reasonable period of time; 16 (4) in addition to the findings required by (2) of this subsection, the 17 court shall also make appropriate written findings related to 18 (A) whether the department has made the reasonable efforts 19 required under AS 47.10.086 to offer appropriate family support services to 20 remedy the parent's or guardian's conduct or conditions in the home that made 21 the child a child in need of aid under this chapter; 22 (B) whether the parent or guardian has made substantial 23 progress to remedy the parent's or guardian's conduct or conditions in the home 24 that made the child a child in need of aid under this chapter; 25 (C) if the permanent plan is for the child to remain in out-of- 26 home-care, whether the child's out-of-home placement continues to be 27 appropriate and in the best interests of the child; and 28 (D) whether the department has made reasonable efforts to 29 finalize the permanent plan for the child; 30 (5) the court shall hold a hearing to review the permanent plan at least 31 annually until successful implementation of the plan; if the plan approved by the court
01 changes after the hearing, the department shall promptly apply to the court for another 02 permanency hearing, and the court shall conduct the hearing within 30 days after 03 application by the department. 04 * Sec. 3. AS 47.10.080(v) is amended to read: 05 (v) In addition to the extensions of state custody ordered by a court under 06 (c)(1)(A) or (B) of this section, a court may grant in a hearing a resumption of state 07 custody that does not extend beyond a person's 21st birthday if the person 08 (1) consents to it; 09 (2) was placed in out-of-home care by the department immediately 10 before being released from state custody and the person was 11 (A) at least 18 years of age and released to the person's own 12 custody; or 13 (B) at least 16 years of age and released to the 14 (i) person's own custody after the disabilities of 15 minority were removed under AS 09.55.590; or 16 (ii) custody of a parent or guardian because the 17 person refused out-of-home care; 18 (3) is in need of out-of-home care 19 (A) to avoid personal harm; 20 (B) because of the person's severe emotional disturbance, 21 mental disability, physical disability, [OR] homelessness, or a combination 22 of those conditions; 23 (C) because the person is completing an educational or 24 vocational program; or 25 (D) to [ENHANCE THE PERSON'S ABILITY TO 26 CONTINUE THE PERSON'S EDUCATION OR TRAINING OR] otherwise 27 improve the person's successful transition to independent living; and 28 (4) if requested by the department, agrees to reasonable terms for 29 resuming state custody that may include matters relating to the person's education, 30 attainment of a job or life skills, or other terms found by the court to be reasonable and 31 in the person's best interest.
01 * Sec. 4. AS 47.10.080 is amended by adding a new subsection to read: 02 (w) The court shall recognize a presumption that maintenance of a sibling 03 relationship, including with a sibling who is related by blood, marriage, or adoption 04 through one parent, is in a child's best interest. 05 * Sec. 5. AS 47.10.100 is amended to read: 06 Sec. 47.10.100. Retention of jurisdiction over child [MINOR]. (a) The court 07 retains jurisdiction over the case and may at any time stay execution, modify, set 08 aside, revoke, or enlarge a judgment or order, or grant a new hearing, in the exercise 09 of its power of protection over the child [MINOR] and for the child's [MINOR'S] best 10 interest, for a period of time not to exceed two years or in any event extend past the 11 day the child reaches [MINOR BECOMES] 19 years of age, unless sooner 12 discharged by the court, except that the department may apply for and the court may 13 grant an additional one-year period of custody or supervision past [AGE] 19 years of 14 age and additional one-year periods of custody that do not extend beyond the 15 person's 21st birthday if continued custody or supervision is in the best interests of 16 the person and the person consents to it. An application for any of these purposes may 17 be made by the parent, guardian, or custodian acting in behalf of the child [MINOR], 18 or the court may, on its own motion, and after reasonable notice to interested parties 19 and the appropriate department, take action that it considers appropriate. 20 (b) If the court determines at a hearing authorized by (a) of this section that 21 the department has complied with the requirements for release of a child under 22 AS 47.14.100(q) and that it is in [FOR] the best interests of the child [MINOR] to be 23 released to the child's own custody, or to the care or custody of the child's 24 [MINOR'S] parent, guardian, or custodian, it shall [MAY] enter an order to that effect 25 and the child [MINOR] is discharged from the control of the department. 26 (c) If a child [MINOR] is adjudicated a child in need of aid before the child's 27 [MINOR'S] 18th birthday, the court may retain jurisdiction over the child [MINOR] 28 after the child's [MINOR'S] 18th birthday for the purpose of supervising the child 29 [MINOR], but the court's jurisdiction over the minor under this chapter never extends 30 beyond the child's [MINOR'S] 19th birthday, except that the department may apply 31 for and the court may grant an additional one-year period of custody or supervision
01 past [AGE] 19 years of age and additional one-year periods of custody that do not 02 extend beyond the person's 21st birthday if continued custody or supervision is in 03 the best interests of the person and the person consents to it. The department may 04 retain jurisdiction over a child [BETWEEN THE CHILD'S 18TH AND 19TH 05 BIRTHDAYS FOR THE PURPOSE OF SUPERVISING THE CHILD,] if the child 06 has been placed in the custody or under the supervision of the department before the 07 child's 18th birthday, except that the department may apply for and the court may 08 grant an additional one-year period of custody or supervision past [AGE] 19 years of 09 age and additional one-year periods of custody that do not extend beyond the 10 person's 21st birthday if continued custody or supervision is in the best interests of 11 the person and the person consents to it. 12 * Sec. 6. AS 47.14.100(m) is amended to read: 13 (m) Prima facie evidence of good cause not to place a child with an adult 14 family member or family friend under AS 47.10.088(i) or under (e) of this section 15 includes the failure to meet the requirements for a foster care license under AS 47.32 16 and regulations adopted under AS 47.32, taking into account a waiver, variance, or 17 exemption allowed under AS 47.32.030(a)(3) and 47.32.032. Prima facie evidence 18 of good cause not to place a child with an adult family member or adult family friend 19 does not include poverty or inadequate or crowded housing. If the department denies a 20 request for placement with an adult family member or a family friend, the department 21 shall inform the adult family member or family friend of the basis for the denial and 22 the right to request a hearing to review the decision. A non-party adult family member 23 or family friend requesting a review hearing under AS 47.10.088(i) or under (e) of this 24 section is not eligible for publicly appointed legal counsel. 25 * Sec. 7. AS 47.14.100 is amended by adding new subsections to read: 26 (o) Except as provided in (p) and (q) of this section, the department shall 27 continue to search for a suitable adoptive or permanent legal guardianship for a child 28 who is in the custody of the state and who is under 18 years of age. 29 (p) The department may recommend to the court another planned permanent 30 living arrangement for a child who is in state custody only if 31 (1) the child is 16 years of age or older;
01 (2) the department has unsuccessfully made intensive efforts to find a 02 permanent placement for the child; and 03 (3) the department, after considering reunification, adoption, legal 04 guardianship, or permanent placement with a fit and willing relative, determines that 05 there is a compelling reason that the most appropriate permanency plan for the child is 06 placement in another planned permanent living arrangement, and the department 07 documents for the court the compelling reason for the alternate plan. 08 (q) The department may release from state custody a child who has been 09 committed to the custody of the department, before the custody is ordered to end, only 10 if 11 (1) the child, if the child is over 16 years of age and available, and the 12 guardian ad litem are notified not less than 30 days before a motion for release is filed 13 unless the parties agree to a shorter notice period; 14 (2) the department files a motion with the court for release of state 15 custody that describes the reasons the release is in the best interest of the child; and 16 (3) a court makes a written finding that release from state custody is in 17 the best interest of the child. 18 (r) When custody of a child who has been committed to the custody of the 19 department is due to expire, the department shall file a notice of release with the court 20 30 days before the date of release unless the parties agree to a shorter notice period 21 and distribute the notice to the parties, including the child if the child is 16 years of 22 age or older and available. 23 (s) The department shall make reasonable efforts to place siblings in the same 24 placement if the siblings are residing in the same home when taken into the custody of 25 the department. If siblings are not placed together after reasonable efforts have been 26 made, the case supervisor for the division with responsibility over the custody of 27 children shall document in the file the efforts that were made and the reason separating 28 the siblings for placement purposes is in the best interest of the children. In this 29 subsection, "sibling" means two or more persons who are related by blood, adoption, 30 or marriage as a child of one or both parents. 31 (t) As used in (p) of this section, "compelling reason" may include
01 circumstances in which 02 (1) the child has specifically requested that emancipation be 03 established; 04 (2) a parent and child have a significant bond, but the parent is unable 05 to care for the child because of an emotional or physical disability, and the child's 06 foster parents have committed to raising the child to the age of majority and to 07 facilitating visitation with the disabled parent. 08 (u) In this section, "another planned permanent living arrangement" means a 09 permanent living arrangement for a child who is committed to the custody of the 10 department under AS 47.10.080(c)(1) that is an alternative to permanent placement 11 with an adult family member, and to reunification, adoption, and legal guardianship. 12 * Sec. 8. AS 47.32 is amended by adding a new section to read: 13 Sec. 47.32.032. Foster care license; variance. (a) The department shall 14 streamline the application and licensing paperwork necessary for a person to be 15 approved as a foster parent or relative placement to the extent consistent with federal 16 law. 17 (b) The department shall approve a variance of the applicable building code 18 requirements for licensure of a foster care home to the extent permitted by federal law 19 if an applicant does not meet the requirements at the time of inspection and 20 (1) the home design and construction is consistent with homes located 21 in the community; and 22 (2) the home is otherwise a safe environment for a child.