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HB 16: "An Act relating to the confidentiality of child protection information."

00                              HOUSE BILL NO. 16                                                                          
01 "An Act relating to the confidentiality of child protection information."                                               
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 47.10.093(a) is amended to read:                                                                   
04            (a)  Except as permitted in AS 47.10.092 and in (b) - (g), [AND] (i) - (l), and                      
05       (p) of this section, all information and social records pertaining to a child who is                          
06       subject to this chapter or AS 47.17 prepared by or in the possession of a federal, state,                         
07       or municipal agency or employee in the discharge of the agency's or employee's                                    
08       official duty are privileged and may not be disclosed directly or indirectly to anyone                            
09       without a court order.                                                                                            
10    * Sec. 2. AS 47.10.093 is amended by adding a new subsection to read:                                              
11            (p)  In addition to the disclosure authorized under (b)(11) of this section, if a                            
12       parent or guardian who is the alleged perpetrator named in one or more reports of                                 
13       harm under AS 47.17 requests information regarding a case, the department shall                                   
14       disclose appropriate confidential information to that parent or guardian if the                                   
15       department                                                                                                        
01                 (1)  obtained the information as part of a court-ordered evaluation                                     
02       program of the parent or guardian who is requesting the information;                                              
03                 (2)  finds, based on substantial evidence, that the parent or guardian                                  
04       needs the information for participation in court-ordered treatment and the disclosure is                          
05       in the best interest of the child; or                                                                             
06                 (3)  finds, based on substantial evidence, that the parent needs the                                    
07       information to exercise residual parental rights under AS 47.10.084(c).                                           
08    * Sec. 3. AS 47.12.310(a) is amended to read:                                                                      
09            (a)  Except as specified in AS 47.12.315, 47.12.320, and (b) - (g), [AND] (i),                       
10       and (l) of this section, all information and social records pertaining to a minor who is                      
11       subject to this chapter or AS 47.17 prepared by or in the possession of a federal, state,                         
12       or municipal agency or employee in the discharge of the agency's or employee's                                    
13       official duty, including driver's license actions under AS 28.15.185, are privileged and                          
14       may not be disclosed directly or indirectly to anyone without a court order.                                      
15    * Sec. 4. AS 47.12.310 is amended by adding a new subsection to read:                                              
16            (l)  If a parent or guardian who is the alleged perpetrator named in one or more                             
17       reports of harm under AS 47.17 requests information regarding a case, the department                              
18       shall disclose appropriate confidential information to that parent or guardian if the                             
19       department                                                                                                        
20                 (1)  obtained the information as part of a court-ordered evaluation                                     
21       program of the parent or guardian who is requesting the information;                                              
22                 (2)  finds, based on substantial evidence, that the parent or guardian                                  
23       needs the information for participation in court-ordered treatment and the disclosure is                          
24       in the best interests of the child; or                                                                            
25                 (3)  finds, based on substantial evidence, that the parent needs the                                    
26       information to exercise residual parental rights under AS 47.10.084(c).