CSSSHB 27(JUD) am: "An Act relating to the duties of the Department of Health and Social Services; relating to hearings on and plans for permanent placement of a child in need of aid; relating to school placement and transportation for children in foster care; relating to foster care transition programs; relating to emergency and temporary placement of a child in need of aid; relating to transitional living arrangements for children in foster care; and amending Rule 17.2, Alaska Child in Need of Aid Rules of Procedure."
00 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 27(JUD) am 01 "An Act relating to the duties of the Department of Health and Social Services; relating 02 to hearings on and plans for permanent placement of a child in need of aid; relating to 03 school placement and transportation for children in foster care; relating to foster care 04 transition programs; relating to emergency and temporary placement of a child in need 05 of aid; relating to transitional living arrangements for children in foster care; and 06 amending Rule 17.2, Alaska Child in Need of Aid Rules of Procedure." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 09 to read: 10 SHORT TITLE. This Act may be known as the Child Protection and Opportunity Act. 11 * Sec. 2. AS 47.05.010 is amended to read: 12 Sec. 47.05.010. Duties of department. The Department of Health and Social 13 Services shall
01 (1) administer adult public assistance, the Alaska temporary assistance 02 program, and all other assistance programs, and receive and spend money made 03 available to it; 04 (2) adopt regulations necessary for the conduct of its business and for 05 carrying out federal and state laws granting adult public assistance, temporary cash 06 assistance, diversion payments, or self-sufficiency services for needy families under 07 the Alaska temporary assistance program, and other assistance; 08 (3) establish minimum standards for personnel employed by the 09 department and adopt necessary regulations to maintain those standards; 10 (4) require those bonds and undertakings from persons employed by it 11 that, in its judgment, are necessary, and pay the premiums on them; 12 (5) cooperate with the federal government in matters of mutual 13 concern pertaining to adult public assistance, the Alaska temporary assistance 14 program, and other forms of public assistance; 15 (6) make the reports, in the form and containing the information, that 16 the federal government from time to time requires; 17 (7) cooperate with the federal government, its agencies, or 18 instrumentalities in establishing, extending, and strengthening services for the 19 protection and care of homeless, dependent, and neglected children in danger of 20 becoming delinquent, and receive and expend funds available to the department by the 21 federal government, the state, or its political subdivisions for that purpose; 22 (8) cooperate with the federal government in adopting state plans to 23 make the state eligible for federal matching in appropriate categories of assistance, and 24 in all matters of mutual concern, including adoption of the methods of administration 25 that are found by the federal government to be necessary for the efficient operation of 26 welfare programs; 27 (9) adopt regulations, not inconsistent with law, defining need, 28 prescribing the conditions of eligibility for assistance, and establishing standards for 29 determining the amount of assistance that an eligible person is entitled to receive; the 30 amount of the assistance is sufficient when, added to all other income and resources 31 available to an individual, it provides the individual with a reasonable subsistence
01 compatible with health and well-being; an individual who meets the requirements for 02 eligibility for assistance shall be granted the assistance promptly upon application for 03 it; 04 (10) grant to a person claiming or receiving assistance and who is 05 aggrieved because of the department's action or failure to act, reasonable notice and an 06 opportunity for a fair hearing by the office of administrative hearings (AS 44.64.010), 07 and the department shall adopt regulations relative to this; 08 (11) enter into reciprocal agreements with other states relative to 09 public assistance, welfare services, and institutional care that are considered advisable; 10 (12) establish the requirements of residence for public assistance, 11 welfare services, and institutional care that are considered advisable, subject to the 12 limitations of other laws of the state, or law or regulation imposed as conditions for 13 federal financial participation; 14 (13) establish the divisions and local offices that are considered 15 necessary or expedient to carry out a duty or authority assigned to it and appoint and 16 employ the assistants and personnel that are necessary to carry on the work of the 17 divisions and offices, and fix the compensation of the assistants or employees, except 18 that a person engaged in business as a retail vendor of general merchandise, or a 19 member of the immediate family of a person who is so engaged, may not serve as an 20 acting, temporary, or permanent local agent of the department, unless the 21 commissioner of health and social services certifies in writing to the governor, with 22 relation to a particular community, that no other qualified person is available in the 23 community to serve as local welfare agent; for the purposes of this paragraph, a 24 "member of the immediate family" includes a spouse, child, parent, brother, sister, 25 parent-in-law, brother-in-law, or sister-in-law; 26 (14) provide education and health-related services and referrals 27 designed to reduce the number of out-of-wedlock pregnancies and the number of 28 induced pregnancy terminations in the state; 29 (15) investigate reports of abuse, neglect, or misappropriation of 30 property by certified nurse aides in facilities licensed by the department under 31 AS 47.32;
01 (16) establish state policy relating to and administer federal programs 02 subject to state control as provided under 42 U.S.C. 3001 - 3058ee (Older Americans 03 Act of 1965), as amended, and related federal regulations; 04 (17) administer the older Alaskans service grants under AS 47.65.010 - 05 47.65.050 and the adult day care and family respite care grants under AS 47.65.100; 06 (18) actively seek to recruit quality foster parents and adoptive 07 parents when a shortage of quality foster parents or adoptive parents exists. 08 * Sec. 3. AS 47.10.080(c) is amended to read: 09 (c) If the court finds that the child is a child in need of aid, the court shall 10 (1) order the child committed to the department for placement in an 11 appropriate setting for a period of time not to exceed two years or in any event not to 12 extend past the date the child becomes 19 years of age, except that the department, the 13 child, or the child's guardian ad litem may petition for and the court may grant in a 14 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) additional one-year extensions of commitment past 19 19 years of age that do not extend beyond the person's 21st birthday if the 20 continued state custody is in the best interests of the person and the person 21 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 10 department shall report quarterly to the court and shall demonstrate in its report 11 that the department is making reasonable [ON] efforts [BEING MADE] to find a 12 permanent placement for the child. 13 * Sec. 4. AS 47.10.080(l) is amended to read: 14 (l) Within 12 months after the date a child enters foster care as calculated 15 under AS 47.10.088(f), the court shall hold a permanency hearing. The hearing and 16 permanent plan developed in the hearing are governed by the following provisions: 17 (1) the persons entitled to be heard under AS 47.10.070 or under (f) of 18 this section are also entitled to be heard at the hearing held under this subsection; 19 (2) when establishing the permanent plan for the child, the court shall 20 make appropriate written findings, including findings related to whether 21 (A) and when the child should be returned to the parent or 22 guardian; 23 (B) the child should be placed for adoption or legal 24 guardianship and whether a petition for termination of parental rights should be 25 filed by the department; and 26 (C) there is a compelling reason that the most appropriate 27 placement for the child is in another planned, permanent living arrangement 28 and the department has recommended the arrangement under AS 47.14.100(p); 29 the findings under this paragraph must include the steps that are necessary to 30 achieve the new arrangement; 31 (3) if the court is unable to make a finding required under (2) of this
01 subsection, the court shall hold another hearing within a reasonable period of time; 02 (4) in addition to the findings required by (2) of this subsection, the 03 court shall also make appropriate written findings related to 04 (A) whether the department has made the reasonable efforts 05 required under AS 47.10.086 to offer appropriate family support services to 06 remedy the parent's or guardian's conduct or conditions in the home that made 07 the child a child in need of aid under this chapter; 08 (B) whether the parent or guardian has made substantial 09 progress to remedy the parent's or guardian's conduct or conditions in the home 10 that made the child a child in need of aid under this chapter; 11 (C) if the permanent plan is for the child to remain in out-of- 12 home care [OUT-OF-HOME-CARE], whether 13 (i) the child's out-of-home placement continues to be 14 appropriate and in the best interests of the child; and 15 (ii) the department is making reasonable efforts to 16 find a permanent placement for the child; and 17 (D) whether the department has made reasonable efforts to 18 finalize the permanent plan for the child; 19 (5) the court shall hold a hearing to review the permanent plan at least 20 annually until successful implementation of the plan; if the plan approved by the court 21 changes after the hearing, the department shall promptly apply to the court for another 22 permanency hearing, and the court shall conduct the hearing within 30 days after 23 application by the department; 24 (6) if the court finds, under (4)(C)(ii) of this subsection, that the 25 department is not making reasonable efforts to find a permanent placement for 26 the child, the court shall order the department to make reasonable efforts to find 27 a permanent placement for the child unless the current placement is in the best 28 interests of the child. 29 * Sec. 5. AS 47.10.080(s) is amended to read: 30 (s) The department may transfer a child, in the child's best interests, from one 31 placement setting to another, and the child, the child's parents or guardian, the child's
01 foster parents or out-of-home caregiver, the child's guardian ad litem, the child's 02 attorney, and the child's tribe are entitled to advance notice of a nonemergency 03 transfer. A party opposed to the proposed transfer may request a hearing and must 04 prove by clear and convincing evidence that the transfer would be contrary to the best 05 interests of the child for the court to deny the transfer. A foster parent or out-of-home 06 caregiver who requests a nonemergency change in placement of the child shall provide 07 the department with reasonable advance notice of the requested change. When the 08 department transfers a child from one out-of-home placement to another, the 09 department shall search for an appropriate placement with an adult family 10 member or a family friend who meets the foster care licensing requirements 11 established by the department. 12 * Sec. 6. AS 47.10.080 is amended by adding new subsections to read: 13 (x) If the department transfers a child from one placement setting to another 14 and it is reasonable and in the child's best educational interests, the department shall 15 immediately, and in advance of the transfer if possible, coordinate with the school the 16 child is attending to ensure the child is permitted to attend that school through the end 17 of the school term if the child's new placement is in the same municipality and 18 connected by road to the school. If federal funds and school district transportation 19 funds are not available to pay for the cost of transportation for the child, the 20 department shall pay the costs of transporting the child to school. The department shall 21 work with the family or agency where the child is placed to arrange for transportation. 22 The department shall consult with the school district regarding the child's best 23 interests, but the school district may not override the department's decision to allow a 24 child to remain in the current school through the end of the school term. 25 (y) The department shall hold a meeting not more than 30 days after the date 26 the child is transferred from one placement setting to another to provide an 27 opportunity for the child's parents or guardian, grandparent, and foster parent or out- 28 of-home caregiver to give input regarding whether it is in the child's best interest for 29 the child to continue to attend the child's current school. The department shall notify 30 the child's parents or guardian, a grandparent who is entitled to notice of hearings 31 under AS 47.10.030(d), and the child's foster parent or out-of-home caregiver at least
01 seven days before the meeting. The department may conduct a meeting under this 02 section in person, by telephone, or through electronic communication. 03 * Sec. 7. AS 47.10.142 is amended by adding a new subsection to read: 04 (i) When the department takes emergency custody of a child under this section 05 or a court orders a child committed to the department for temporary placement under 06 this section, the department shall, to the extent feasible and consistent with the best 07 interests of the child, place the child according to the criteria specified under 08 AS 47.14.100(e). 09 * Sec. 8. AS 47.14.100(a) is amended to read: 10 (a) Subject to (e), (f), and (i) - (m) of this section, the department shall arrange 11 for the care of every child committed to its custody by placing the child in a foster 12 home or in the care of an agency or institution providing care for children inside or 13 outside the state. The department may place a child in a suitable family home, with or 14 without compensation, and may place a child released to it, in writing verified by the 15 parent, or guardian or other person having legal custody, for adoptive purposes, in a 16 home for adoption in accordance with existing law. For a child 16 years of age or 17 older, the department may authorize another transitional living arrangement, 18 including student dormitory residence at a postsecondary educational institution, 19 that adequately meets the child's needs and is designed to assist the child's 20 transition to independent living. 21 * Sec. 9. AS 47.14.100(n) is amended to read: 22 (n) Except as provided in (o) and (p) of this section, the department shall 23 continue to search for a suitable adoptive or permanent legal guardianship for a child 24 or person who is in the custody of the state and who is under 21 [18] years of age. 25 * Sec. 10. AS 47.14.100(p) is amended to read: 26 (p) The department may release from state custody a child or person who has 27 been committed to the custody of the department, before the custody is ordered to end, 28 only if the person, if the person is 19 years of age or older, consents, or 29 (1) the child or person, if the child or person is over 16 years of age 30 and available, and the guardian ad litem are notified not less than 30 days before a 31 motion for release is filed unless the parties agree to a shorter notice period;
01 (2) the department files a motion with the court for release of state 02 custody that describes the reasons the release is in the best interest of the child or 03 person; and 04 (3) a court makes a written finding that release from state custody is in 05 the best interest of the child or person. 06 * Sec. 11. AS 47.18.320(a) is amended to read: 07 (a) Subject to the availability of an appropriation made for the purposes of 08 AS 47.18.300 - 47.18.390, the program may provide 09 (1) education and vocational training; 10 (2) assistance in obtaining educational [BASIC EDUCATION] and 11 vocational training; 12 (3) career and employment services; 13 (4) training in basic life skills; 14 (5) housing and utility assistance; 15 (6) mentoring and counseling; and 16 (7) other appropriate services to complement the efforts of former state 17 foster care recipients to achieve self-sufficiency. 18 * Sec. 12. AS 47.18.320 is amended by adding a new subsection to read: 19 (c) If appropriations to meet the purposes of this section are insufficient, the 20 department shall submit a written report to the legislature advising the legislature of 21 (1) the department's efforts to use existing funds efficiently; and 22 (2) the opportunities and services the department cannot provide under 23 the existing appropriation level. 24 * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 INDIRECT COURT RULE AMENDMENTS. AS 47.10.080(l), as amended by sec. 4 27 of this Act, has the effect of amending Rule 17.2, Alaska Child in Need of Aid Rules of 28 Procedure, relating to permanency hearings, by adding a requirement for the court to make 29 findings relating to the permanent placement of a child in need of aid and to the efforts of the 30 Department of Health and Social Services to find a permanent placement for a child.