CSSB 112(HSS): "An Act establishing procedures related to a petition or proxy for adoption or guardianship of a child in state custody; adding a definition of 'proxy for a formal petition'; amending Rules 5 and 6(a), Alaska Adoption Rules, and adding Rule 17.3, Alaska Child in Need of Aid Rules of Procedure; and providing for an effective date."
00 CS FOR SENATE BILL NO. 112(HSS) 01 "An Act establishing procedures related to a petition or proxy for adoption or 02 guardianship of a child in state custody; adding a definition of 'proxy for a formal 03 petition'; amending Rules 5 and 6(a), Alaska Adoption Rules, and adding Rule 17.3, 04 Alaska Child in Need of Aid Rules of Procedure; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 07 to read: 08 LEGISLATIVE FINDINGS AND INTENT. (a) The legislature finds that, because of 09 the number of Alaska Native children in state custody and the need to preserve the placement 10 preferences outlined in the Indian Child Welfare Act (25 U.S.C. 1901 - 1963) for purposes of 11 adoption or legal guardianship of an Indian child, there is a need to provide the petitioners in 12 adoption and guardianship proceedings with additional flexibility in the initiation of adoption 13 or guardianship proceedings for a child in state custody. 14 (b) It is the intent of the legislature to authorize a more appropriate adoption or legal
01 guardianship process for an Indian child who is in state custody under the Indian Child 02 Welfare Act and to allow adoption proceedings to take place as part of an ongoing child-in- 03 need-of-aid proceeding. The legislature does not intend to affect, nor do the provisions of this 04 Act apply to, 05 (1) a tribal adoption proceeding performed under a tribe's inherent authority; 06 (2) a tribal adoption proceeding following a transfer of jurisdiction to the tribe 07 of a foster care placement, termination of parental rights, or adoption of a child under 25 08 U.S.C. 1911(b); 09 (3) an adoption under tribal customary adoption; or 10 (4) adoptions or guardianships not a part of child-in-need-of-aid proceeding. 11 * Sec. 2. AS 13.26.050 is amended by adding a new subsection to read: 12 (b) The venue for a guardianship proceeding for a child in state custody under 13 AS 47.10 is the superior court where the child-in-need-of-aid proceeding is pending as 14 provided under AS 47.10.111. 15 * Sec. 3. AS 13.26.060 is amended by adding a new subsection to read: 16 (e) A petitioner seeking appointment as the guardian of a minor in state 17 custody under AS 47.10 shall file the petition in the court where the child-in-need-of- 18 aid proceedings are pending as required under AS 47.10.111. 19 * Sec. 4. AS 25.23.030 is amended by adding a new subsection to read: 20 (d) The venue for an adoption proceeding for a child in state custody under 21 AS 47.10 is the superior court where the child-in-need-of-aid proceeding is pending as 22 provided under AS 47.10.111. 23 * Sec. 5. AS 25.23.080 is amended by adding a new subsection to read: 24 (d) A petitioner petitioning to adopt a child in state custody under AS 47.10 25 shall file the petition for adoption in the court where the child-in-need-of-aid 26 proceedings are pending, as required under AS 47.10.111. 27 * Sec. 6. AS 25.23.100(a) is amended to read: 28 (a) After the filing of a petition to adopt a minor, the court shall fix a time and 29 place for hearing the petition unless the petition is held in abeyance under 30 AS 47.10.111. At least 20 days before the date of hearing, the petitioner shall give 31 notice of the filing of the petition and of the time and place of hearing to (1) the
01 department, unless the adoption is by a stepparent of the child; (2) any agency or 02 person whose consent to the adoption is required by this chapter, but who has not 03 consented; and (3) a person whose consent is dispensed with upon any ground 04 mentioned in AS 25.23.050(a)(1) - (3), (6), (8), and (9), but who has not consented. 05 The notice to the department shall be accompanied by a copy of the petition. 06 * Sec. 7. AS 47.10.080(l) is amended to read: 07 (l) Within 12 months after the date a child enters foster care as calculated 08 under AS 47.10.088(f), the court shall hold a permanency hearing. The hearing and 09 permanent plan developed in the hearing are governed by the following provisions: 10 (1) the persons entitled to be heard under AS 47.10.070 or under (f) of 11 this section are also entitled to be heard at the hearing held under this subsection; 12 (2) when establishing the permanent plan for the child, the court shall 13 make appropriate written findings, including findings related to whether 14 (A) and when the child should be returned to the parent or 15 guardian; 16 (B) the child should be placed for adoption or legal 17 guardianship and whether a petition for termination of parental rights should be 18 filed by the department; and 19 (C) there is a compelling reason that the most appropriate 20 placement for the child is in another planned, permanent living arrangement 21 and the department has recommended the arrangement under AS 47.14.100(p); 22 the findings under this paragraph must include the steps that are necessary to 23 achieve the new arrangement; 24 (3) if the court is unable to make a finding required under (2) of this 25 subsection, the court shall hold another hearing within a reasonable period of time; 26 (4) in addition to the findings required by (2) of this subsection, the 27 court shall also make appropriate written findings related to 28 (A) whether the department has made the reasonable efforts 29 required under AS 47.10.086 to offer appropriate family support services to 30 remedy the parent's or guardian's conduct or conditions in the home that made 31 the child a child in need of aid under this chapter;
01 (B) whether the parent or guardian has made substantial 02 progress to remedy the parent's or guardian's conduct or conditions in the home 03 that made the child a child in need of aid under this chapter; 04 (C) if the permanent plan is for the child to remain in out-of- 05 home-care, whether the child's out-of-home placement continues to be 06 appropriate and in the best interests of the child; and 07 (D) whether the department has made reasonable efforts to 08 finalize the permanent plan for the child; 09 (5) the court shall hold a hearing to review the permanent plan at least 10 annually until successful implementation of the plan; if the plan approved by the court 11 changes after the hearing, the department shall promptly apply to the court for another 12 permanency hearing, and the court shall conduct the hearing within 30 days after 13 application by the department; 14 (6) in a hearing to review the permanent plan under 15 AS 47.10.111(c), the court shall make written findings related to whether the 16 person who filed the petition or proxy is entitled to placement preference under 17 AS 47.14.100(e) or 25 U.S.C. 1915(a), whichever is applicable. 18 * Sec. 8. AS 47.10 is amended by adding a new section to read: 19 Sec. 47.10.111. Petition or proxy for adoption or guardianship of a child in 20 state custody. (a) If a person seeks adoption or appointment as legal guardian of a 21 child in state custody under this chapter, the court shall hear the adoption or 22 guardianship proceedings in the child-in-need-of-aid proceedings relating to the child. 23 A person may initiate proceedings for the adoption or legal guardianship of a child in 24 state custody under this chapter by filing with the court 25 (1) a petition for adoption that meets the requirements of 26 AS 25.23.080; 27 (2) a petition to be appointed legal guardian that meets the 28 requirements of AS 13.26.060; or 29 (3) in a case involving an Indian child, a proxy for a formal petition 30 under this section. 31 (b) If a person files a petition or proxy for adoption or legal guardianship of a
01 child under (a) of this section before the court approves adoption or legal guardianship 02 as the permanent plan for the child under AS 47.10.080(l)(2), the court shall hold the 03 petition or proxy in abeyance until after the court has approved adoption or legal 04 guardianship as the permanent plan for the child under AS 47.10.080(l). 05 (c) If a person files a petition or proxy for adoption or legal guardianship of a 06 child who is in out-of-home placement, and the person who files the petition or proxy 07 does not have custody of the child at the time the person files the petition or proxy, the 08 department shall, not more than 60 days after the petition or proxy is filed, submit a 09 permanent plan to the court. The court shall hold a hearing to review the permanent 10 plan for the child under AS 47.10.080(l) not more than 90 days after the petition or 11 proxy is filed. 12 (d) A person who files a petition or proxy for adoption or legal guardianship 13 of a child under this section does not become a party to the child-in-need-of-aid 14 proceedings. A person who files a petition or proxy for adoption or legal guardianship 15 of a child under this section may only participate in proceedings under this chapter 16 that concern the person's petition or proxy. 17 (e) A parent who has consented to adoption under AS 25.23.060, who has 18 relinquished parental rights under AS 47.10.089 or whose parental rights have been 19 terminated under AS 47.10.080(o) or 47.10.088, is not a party to the adoption or 20 guardianship proceedings under this section. 21 (f) Except as provided in this section, the requirements of AS 25.23.005 - 22 25.23.240 apply to a petition or proxy for adoption filed under this section, and the 23 requirements of AS 13.26.030 - 13.26.085 apply to a petition or proxy for legal 24 guardianship filed under this chapter. 25 (g) In this section, 26 (1) "extended family member" has the meaning given in 25 U.S.C. 27 1903; 28 (2) "proxy for a formal petition" or "proxy" means a 29 (A) request by an extended family member, a member of the 30 Indian child's tribe, or a family friend interested in immediate permanent 31 placement and adoption or legal guardianship of an Indian child made at any
01 court hearing; 02 (B) request by an extended family member, a member of the 03 Indian child's tribe, or a family friend interested in immediate permanent 04 placement and adoption or legal guardianship of an Indian child, conveyed to 05 the department by telephone, mail, facsimile, electronic mail, or in person; 06 (C) request by the Indian child's tribe, or a tribe in which the 07 Indian child is eligible for enrollment, made to the department on behalf of a 08 relative or tribal member; or 09 (D) proxy for a formal petition as established by the department 10 in regulation. 11 (h) The department may adopt regulations to implement this section. 12 * Sec. 9. AS 47.10.990(1) is amended to read: 13 (1) "adult family member" means a person who is 18 years of age or 14 older and who is 15 (A) related to the child as the child's grandparent, aunt, uncle, 16 or sibling; [OR] 17 (B) the child's sibling's legal guardian or parent; or 18 (C) in the case of an Indian child, an extended family 19 member as defined in 25 U.S.C. 1903; 20 * Sec. 10. AS 47.10.990(10) is amended to read: 21 (10) "family member" means a person of any age who is 22 (A) related to the child as the child's grandparent, aunt, uncle, 23 or sibling; [OR] 24 (B) the child's sibling's legal guardian or parent; or 25 (C) in the case of an Indian child, an extended family 26 member as defined in 25 U.S.C. 1903; 27 * Sec. 11. AS 47.10.990 is amended by adding new paragraphs to read: 28 (33) "family friend" includes, in the case of an Indian child, a member 29 of the Indian child's tribe; 30 (34) "Indian child" has the meaning given in 25 U.S.C. 1903; 31 (35) "Indian child's tribe" has the meaning given in 25 U.S.C. 1903.
01 * Sec. 12. AS 47.14.100(t) is amended by adding a new paragraph to read: 02 (3) "family friend" has the meaning given in AS 47.10.990. 03 * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 DIRECT COURT RULE AMENDMENT. Rule 5, Alaska Adoption Rules, is 06 amended by adding a new subsection to read: 07 (d) A petition to adopt a child in state custody under AS 47.10 must be 08 brought in the superior court where the child-in-need-of-aid proceeding is pending as 09 provided under AS 47.10.111. 10 * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 DIRECT COURT RULE AMENDMENT. Rule 6(a)(1), Alaska Adoption 13 Rules, is amended to read: 14 (1) An adoption petition must include the information required by 15 AS 25.23.080, except as provided under (a)(4) of this rule. A separate petition must 16 be filed for each person to be adopted. If the proceeding involves a minor, the petition 17 must also state whether the minor to be adopted is an Indian child and whether any 18 other court cases involving the minor are known to be pending. 19 * Sec. 15. The uncodified law of the State of Alaska is amended by adding a new section to 20 read: 21 DIRECT COURT RULE AMENDMENT. Rule 6(a), Alaska Adoption Rules, 22 is amended by adding a new paragraph to read: 23 (4) A proceeding to adopt a child in state custody under AS 47.10 must 24 comply with AS 47.10.111. A proceeding to adopt a child in state custody under 25 AS 47.10 shall be heard as part of the child-in-need-of-aid proceeding. 26 * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to 27 read: 28 DIRECT COURT RULE AMENDMENT. The Alaska Child in Need of Aid 29 Rules of Procedure are amended by adding a new rule to read: 30 Rule 17.3. Petition or proxy for adoption or legal guardianship of a child 31 under AS 47.10.111. A petitioner may file a petition, or, in the case of an Indian
01 child, a proxy, for adoption or legal guardianship of a child who is the subject of a 02 pending child-in-need-of-aid proceeding under AS 47.10 in the same case. If a 03 petitioner files a petition or proxy for adoption or legal guardianship of a child before 04 the court approves adoption or legal guardianship as the permanent plan for the child, 05 the court shall hold the petition or proxy for adoption or legal guardianship in 06 abeyance until the court approves adoption or legal guardianship as the permanent 07 plan for the child under Rule 17.2 and AS 47.10.080(l). If the child is in an out-of- 08 home placement but is not in the custody of the petitioner at the time the petition or 09 proxy is filed, the Department shall, not more than 60 days after the petition or proxy 10 is filed, submit a permanent plan to the court, and the court shall hold a hearing within 11 90 days to review the permanent plan under Rule 17.2 and AS 47.10.080(l). At the 12 hearing, the court shall, in addition to the findings required under Rule 17.2 and 13 AS 47.10.080(l), make findings related to whether the petitioner is entitled to 14 placement preference under AS 47.14.100(e) or 25 U.S.C. 1915(a), whichever is 15 applicable. 16 * Sec. 17. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 APPLICABILITY. AS 13.26.050(b), added by sec. 2 of this Act, AS 13.26.060(e), 19 added by sec. 3 of this Act, AS 25.23.030(d), added by sec. 4 of this Act, AS 25.23.080(d), 20 added by sec. 5 of this Act, AS 25.23.100(a), as amended by sec. 6 of this Act, 21 AS 47.10.080(l), as amended by sec. 7 of this Act, AS 47.10.111, added by sec. 8 of this Act, 22 and secs. 13 - 16 of this Act apply to proceedings for adoption or legal guardianship of a child 23 in state custody under AS 47.10 filed on or after the effective date of secs. 2 - 16 of this Act. 24 * Sec. 18. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 TRANSITION: REGULATIONS. The Department of Health and Social Services may 27 adopt regulations necessary to implement this Act. The regulations take effect under AS 44.62 28 (Administrative Procedure Act), but not before the effective date of the law implemented by 29 the regulation. 30 * Sec. 19. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
01 CONDITIONAL EFFECT. This Act takes effect only if secs. 13 - 16 of this Act 02 receive the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution of 03 the State of Alaska. 04 * Sec. 20. Section 18 of this Act takes effect January 1, 2017.