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HB 334: "An Act relating to visitation and child custody."

00                             HOUSE BILL NO. 334                                                                          
01 "An Act relating to visitation and child custody."                                                                      
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 25.20.061 is amended to read:                                                                      
04            Sec. 25.20.061. Visitation in proceedings involving domestic violence. If                                  
05       visitation is awarded to a parent who has been convicted of [COMMITTED] a crime                               
06       involving domestic violence, against the other parent or a child of the two parents,                              
07       within the five years preceding the award of visitation, the court may set conditions for                         
08       the visitation, including                                                                                         
09                 (1)  the transfer of the child for visitation must occur in a protected                                 
10       setting;                                                                                                          
11                 (2)  visitation shall be supervised by another person or agency and                                     
12       under specified conditions as ordered by the court;                                                               
13                 (3)  the perpetrator shall attend and complete, to the satisfaction of the                              
14       court, a program for the rehabilitation of perpetrators of domestic violence that meets                           
15       the standards set by the Department of Corrections under AS 44.28.020(b), or other                                
01       counseling; the perpetrator shall be required to pay the costs of the program or other                            
02       counseling;                                                                                                       
03                 (4)  the perpetrator shall abstain from possession or consumption of                                    
04       alcohol or controlled substances during the visitation and for 24 hours before                                    
05       visitation;                                                                                                       
06                 (5)  the perpetrator shall pay costs of supervised visitation as set by the                             
07       court;                                                                                                            
08                 (6)  the prohibition of overnight visitation;                                                           
09                 (7)  the perpetrator shall post a bond to the court for the return and                                  
10       safety of the child; and                                                                                          
11                 (8)  any other condition necessary for the safety of the child, the other                               
12       parent, or other household member.                                                                                
13    * Sec. 2. AS 25.20.095(g) is amended to read:                                                                      
14            (g)  In making a determination of the best interests of the child, the court shall                           
15       consider the factors under AS 25.24.150(c) and apply the rebuttable presumption                                   
16       under AS 25.24.150(g) to visitation, delegation, and custody orders issued under this                             
17       section. In addition, there is a rebuttable presumption that a deployed parent's                                  
18       visitation rights may not be delegated to a family member who has been convicted of                           
19       a crime involving [A HISTORY OF PERPETRATING] domestic violence against a                                     
20       spouse, a child, or a domestic living partner, or to a family member with an individual                           
21       in the family member's household who has been convicted of a crime involving [A                               
22       HISTORY OF PERPETRATING] domestic violence against a spouse, a child, or a                                        
23       domestic living partner.                                                                                          
24    * Sec. 3. AS 25.20.110(g) is amended to read:                                                                      
25            (g)  In making a determination of the best interests of the child, the court shall                           
26       consider the factors under AS 25.24.150(c) and apply the rebuttable presumption                                   
27       under AS 25.24.150(g) to visitation, delegation, and custody orders issued under this                             
28       section. In addition, there is a rebuttable presumption that a deployed parent's                                  
29       visitation rights may not be delegated to a family member who has been convicted of                           
30       a crime involving [A HISTORY OF PERPETRATING] domestic violence against a                                     
31       spouse, a child, or a domestic living partner, or to a family member with an individual                           
01       in the family member's household who has been convicted of a crime involving [A                               
02       HISTORY OF PERPETRATING] domestic violence against a spouse, a child, or a                                        
03       domestic living partner.                                                                                          
04    * Sec. 4. AS 25.24.150(c) is amended to read:                                                                      
05            (c)  The court shall determine custody in accordance with the best interests of                              
06       the child under AS 25.20.060 - 25.20.130. In determining the best interests of the child                          
07       the court shall consider                                                                                          
08                 (1)  the physical, emotional, mental, religious, and social needs of the                                
09       child;                                                                                                            
10                 (2)  the capability and desire of each parent to meet these needs;                                      
11                 (3)  the child's preference if the child is of sufficient age and capacity to                           
12       form a preference;                                                                                                
13                 (4)  the love and affection existing between the child and each parent;                                 
14                 (5)  the length of time the child has lived in a stable, satisfactory                                   
15       environment and the desirability of maintaining continuity;                                                       
16                 (6)  the willingness and ability of each parent to facilitate and                                       
17       encourage a close and continuing relationship between the other parent and the child,                             
18       except that the court may not consider this willingness and ability if one parent has                         
19       been convicted of a crime involving sexual assault or [SHOWS THAT THE                                         
20       OTHER PARENT HAS SEXUALLY ASSAULTED OR ENGAGED IN] domestic                                                       
21       violence against the other parent or a child, and that a continuing relationship with the                     
22       [OTHER] parent will endanger the health or safety of either the other parent or the                           
23       child;                                                                                                            
24                 (7)  any evidence of domestic violence, child abuse, sexual abuse, or                               
25       child neglect in the proposed custodial household or a history of violence between the                            
26       parents;                                                                                                          
27                 (8)  evidence that substance abuse by either parent or other members of                                 
28       the household directly affects the emotional or physical well-being of the child;                                 
29                 (9)  other factors that the court considers pertinent.                                                  
30    * Sec. 5. AS 25.24.150(g) is amended to read:                                                                      
31            (g)  There is a rebuttable presumption that a parent who has been convicted of                           
01       a crime involving [A HISTORY OF PERPETRATING] domestic violence against                                       
02       the other parent, a child, or a domestic living partner may not be awarded sole legal                             
03       custody, sole physical custody, joint legal custody, or joint physical custody of a child.                        
04    * Sec. 6. AS 25.24.150(h) is amended to read:                                                                      
05            (h)  [A PARENT HAS A HISTORY OF PERPETRATING DOMESTIC                                                        
06       VIOLENCE UNDER (g) OF THIS SECTION IF THE COURT FINDS THAT,                                                       
07       DURING ONE INCIDENT OF DOMESTIC VIOLENCE, THE PARENT CAUSED                                                       
08       SERIOUS PHYSICAL INJURY OR THE COURT FINDS THAT THE PARENT                                                        
09       HAS ENGAGED IN MORE THAN ONE INCIDENT OF DOMESTIC VIOLENCE.]                                                      
10       The presumption under (g) of this section may be overcome by a preponderance of                               
11       the evidence that the perpetrating parent has successfully completed an intervention                              
12       program for batterers, where reasonably available, that the parent does not engage in                             
13       substance abuse, and that the best interests of the child require that parent's                                   
14       participation as a custodial parent because the other parent is absent, suffers from a                            
15       diagnosed mental illness that affects parenting abilities, or engages in substance abuse                          
16       that affects parenting abilities, or because of other circumstances that affect the best                          
17       interests of the child.                                                                                           
18    * Sec. 7. AS 25.24.150(i) is amended to read:                                                                      
19            (i)  If the court finds that both parents have been convicted of a crime                                 
20       involving [A HISTORY OF PERPETRATING] domestic violence under (g) of this                                     
21       section, the court shall either                                                                                   
22                 (1)  award sole legal and physical custody to the parent who is less                                    
23       likely to continue to perpetrate the violence and require that the custodial parent                               
24       complete a treatment program; or                                                                                  
25                 (2)  if necessary to protect the welfare of the child, award sole legal or                              
26       physical custody, or both, to a suitable third person if the person would not allow                               
27       access to a violent parent except as ordered by the court.                                                        
28    * Sec. 8. AS 25.24.150(j) is amended to read:                                                                      
29            (j)  If the court finds that a parent has been convicted of a crime involving [A                         
30       HISTORY OF PERPETRATING] domestic violence under (g) of this section, the                                         
31       court shall allow only supervised visitation by that parent with the child, conditioned                           
01       on that parent's participating in and successfully completing an intervention program                             
02       for batterers, and a parenting education program, where reasonably available, except                              
03       that the court may allow unsupervised visitation if it is shown by a preponderance of                             
04       the evidence that the violent parent has completed a substance abuse treatment                                    
05       program if the court considers it appropriate, is not abusing alcohol or psychoactive                             
06       drugs, does not pose a danger of mental or physical harm to the child, and                                        
07       unsupervised visitation is in the child's best interests.                                                         
08    * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to                          
09 read:                                                                                                                   
10       APPLICABILITY. This Act applies to visitation and custody orders issued on or after                               
11 the effective date of this Act.