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HB 191: "An Act relating to church attendance of a child who is in state custody."

00                             HOUSE BILL NO. 191                                                                          
01 "An Act relating to church attendance of a child who is in state custody."                                              
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 47.10.080(q) is amended to read:                                                                   
04            (q)  If the court orders a child committed to the department under (c) of this                               
05       section and the department places the child in licensed foster care, the department                               
06       shall                                                                                                             
07                 (1)  provide the foster parent with a copy of                                                           
08                      (A)  appropriate information held by the department regarding                                      
09            the child to the extent required by AS 47.12.310(b)(2)(H);                                                   
10 (B)  all initial, updated, and revised case service plans for the                                                       
11 child, court orders relating to the child, and the child's medical, mental, and                                         
12 education reports prepared by or for the department, including reports                                                  
13            compiled before the child was placed with the foster parent; and                                             
14                      (C)  supplements to the plans, orders, and reports described in                                    
15            (B) of this paragraph;                                                                                       
01                 (2)  require the foster parent to                                                                       
02                      (A)  maintain and update records regarding medical, mental,                                        
03            educational, and behavioral services provided to the child;                                                  
04                      (B)  provide all records described in (A) of this paragraph to the                                 
05            department when the child leaves the foster home placement; and                                              
06 (C)  maintain the confidentiality of records regarding a child                                                          
07 placed in the foster home except when disclosure of the records is allowed                                              
08 under regulations of the department or when disclosure is reasonably necessary                                          
09 to ensure continuation of care for the child through appropriate medical,                                               
10            mental, educational, and behavioral services;                                                            
11 (3)  work with the foster parent to ensure the child is permitted to                                                
12       attend the child's current church if the child attends church.                                                
13    * Sec. 2. AS 47.10.080(r) is amended to read:                                                                      
14 (r)  If the court orders a child committed to the department under (c) of this                                          
15 section, the court shall order the child's parent or guardian to provide the department                                 
16       with                                                                                                              
17 (1)  the names, addresses, and telephone numbers of all of the child's                                                  
18       medical providers;                                                                                                
19 (2)  the names, addresses, and telephone numbers of mental health                                                       
20       providers that have provided services to the child;                                                               
21 (3)  the names, addresses, and telephone numbers of schools,                                                            
22 preschools, or day care facilities that the child was attending before the child was                                    
23       committed to the department;                                                                                      
24                 (4)  a description of special needs of the child, if any; [AND]                                         
25 (5)  the names and locations of relatives who may be willing to have                                                    
26       the child placed in their home; and                                                                           
27 (6)  the names, addresses, and telephone numbers of churches that                                                   
28       the child was attending before the child was committed to the department.                                     
29    * Sec. 3. AS 47.10.080(x) is amended to read:                                                                      
30 (x)  In any team-decision meeting the department holds to address the potential                                         
31 or actual transfer of a child from one placement setting to another, the department                                     
01       shall ask the participants for input regarding whether it is in the child's best interest                         
02                 (1)  for the child to remain in the child's current school for the                                  
03       remainder of the school term; and                                                                             
04                 (2)  if the child attends church, for the child to remain in the child's                            
05       current church.                                                                                               
06    * Sec. 4. AS 47.10.080(y) is amended to read:                                                                      
07            (y)  If the department transfers a child from one placement setting to another                               
08       and it is reasonable and in the child's best [EDUCATIONAL] interests, the department                              
09       shall immediately, and in advance of the transfer if possible,                                                    
10 (1)  coordinate with the school the child is attending to ensure the child                                          
11 is permitted to attend that school through the end of the school term if the child's new                                
12 placement is in the same municipality and connected by road to the school; if [. IF]                                
13 federal funds and school district transportation funds are not available to pay for the                                 
14 cost of transportation for the child, the department shall pay the costs of transporting                                
15 the child to school; the [. THE] department shall work with the family or agency                                    
16 where the child is placed to arrange for transportation; the [. THE] department shall                               
17 consult with the school district regarding the child's best interests, but the school                                   
18 district may not override the department's decision to allow a child to remain in the                                   
19       current school through the end of the school term; and                                                        
20 (2)  work with the family or agency where the child is placed to                                                    
21 ensure the child is permitted to attend the child's current church if the child                                     
22 attends church and if the child's new placement is in the same municipality and                                     
23       connected by road to the church.                                                                              
24    * Sec. 5. AS 47.10.084(d) is amended to read:                                                                      
25 (d)  When the child is placed in foster care, the foster parent has the right and                                       
26 responsibility to use a reasonable and prudent parent standard to make decisions                                        
27 relating to the child. Subject to AS 47.10.080(q) and (y), the [THE] foster parent                                  
28 may make decisions under (a) or (b) of this section that include decisions relating to                                  
29 the child's participation in age-appropriate or developmentally appropriate activities,                                 
30 including travel, sports, field trips, overnight activities, and extracurricular,                                       
31 enrichment, cultural, and social activities. The department shall provide foster parents                                
01 with training regarding the reasonable and prudent parent standard. In this subsection,                                 
02 "reasonable and prudent parent standard" means a standard characterized by careful                                      
03 and sensible decisions to maintain the health, safety, and best interests of the child                                  
04       while encouraging the emotional and developmental growth of the child.