SB 181: "An Act relating to placement of a child in need of aid; relating to adoption; and providing for an effective date."
00 SENATE BILL NO. 181 01 "An Act relating to placement of a child in need of aid; relating to adoption; and 02 providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 47.10.080(s) is amended to read: 05 (s) The department may transfer a child, in the child's best interests, from one 06 placement setting to another, and the child, the child's parents or guardian, the child's 07 foster parents or out-of-home caregiver, the child's guardian ad litem, the child's 08 attorney, and the child's tribe are entitled to advance notice of a nonemergency 09 transfer. A party or child's foster parent who is opposed to the proposed transfer may 10 request a hearing and must prove by clear and convincing evidence that the transfer 11 would be contrary to the best interests of the child for the court to deny the transfer. A 12 foster parent or out-of-home caregiver who requests a nonemergency change in 13 placement of the child shall provide the department with reasonable advance notice of 14 the requested change. When the department transfers a child from one out-of-home
01 placement to another, the department shall search as provided under AS 47.10.145 02 for an appropriate placement with an adult family member or a family friend who 03 meets the foster care licensing requirements established by the department. A 04 supervisor at the department shall certify in writing in the case file whether the 05 department has searched for an appropriate placement with an adult family member or 06 family friend. If the department has not complied with the search requirements under 07 this subsection, the supervisor shall work to ensure that the department completes the 08 search in the shortest time feasible. 09 * Sec. 2. AS 47.10.088(i) is amended to read: 10 (i) The department shall concurrently identify, recruit, process, and approve a 11 qualified person or family for an adoption whenever a petition to terminate a parent's 12 rights to a child is filed. Before identifying a placement of the child in an adoptive 13 home, the department shall [ATTEMPT TO] locate any [ALL] living adult family 14 members of the child and, if an adult family member expresses an interest in adopting 15 the child, investigate the adult family member's ability to care for the child. The 16 department shall provide to all adult family members of the child located by the 17 department written notice of the adult family members' rights under this chapter and of 18 the procedures necessary to gain custody of the child, but the department's obligation 19 to provide written notice under this subsection does not apply to a parent of the child 20 whose parental rights are being or have been terminated or to an adult family member 21 if it [WHO] is known by the department that placement with the adult family 22 member would be contrary to the best interests of the child [TO BE INELIGIBLE 23 FOR A FOSTER CARE LICENSE UNDER AS 47.32 AND REGULATIONS 24 ADOPTED UNDER AS 47.32]. If an adult family member of the child requests that 25 the department approve the adult family member for an adoption, the department shall 26 approve the request if it is in the best interests of the child. In determining the best 27 interests of the child under this subsection, the court shall consider the child's 28 physical and psychological well-being. In determining the best interests of a child 29 under six years of age, the court shall consider whether the child has resided for 30 at least 12 consecutive months with a foster family seeking adoption and whether 31 an adult family member seeking adoption has previously demonstrated an intent
01 or desire to be considered for placement for the child [UNLESS THERE IS GOOD 02 CAUSE NOT TO APPROVE THE ADOPTION]. If the court issues an order to 03 terminate under (j) of this section, the department shall report within 30 days on the 04 efforts being made to recruit a permanent placement for the child if a permanent 05 placement was not approved at the time of the trial under (j) of this section. The report 06 must document recruitment efforts made for the child. 07 * Sec. 3. AS 47.10.142(i) is amended to read: 08 (i) When the department takes emergency custody of a child under this section 09 or a court orders a child committed to the department for temporary placement under 10 this section, the department shall, to the extent feasible and consistent with the best 11 interests of the child, place the child according to the criteria specified under 12 AS 47.14.100(e). A supervisor at the department shall certify in writing in the case file 13 whether the department has performed a diligent search as described in 14 AS 47.10.145 [SEARCHED] for an appropriate placement with an adult family 15 member or family friend. If the department has not complied with the search 16 requirements under this subsection, the supervisor shall work to ensure that the 17 department completes the search in the shortest time feasible if it is consistent with the 18 best interests of the child. 19 * Sec. 4. AS 47.10 is amended by adding a new section to read: 20 Sec. 47.10.145. Diligent search. (a) Within 30 days after removing a child 21 from a parent's home under AS 47.14.100(e), taking emergency custody of a child, 22 receiving a court order committing a child to the department for temporary placement 23 under AS 47.10.142, or transferring a child from one placement to another under 24 AS 47.10.080(s), the department shall conduct a diligent search for an adult family 25 member or family friend of the child suitable for placement. In conducting the diligent 26 search, the department shall 27 (1) interview 28 (A) the child's parent during the course of an investigation 29 while department services are provided and the child is in the care of the 30 department; 31 (B) the child;
01 (C) relatives of the child identified during the case; and 02 (D) any other person who is likely to have information about 03 the identity or location of adult family members or family friends; 04 (2) conduct comprehensive searches of databases and other resources 05 available to the department likely to identify and locate adult family members or 06 family friends; and 07 (3) perform any other reasonable investigation that is likely to identify 08 adult family members or family friends who are appropriate for placement. 09 (b) The department shall provide all adult family members of the child 10 identified in the diligent search, subject to exceptions for family with domestic 11 violence or other safety concerns as determined by the department, a notice 12 (1) stating the child has been or is being removed from parental 13 custody; 14 (2) explaining the options that the family member has to participate in 15 the care and placement of the child and the results of failing to respond to the notice; 16 (3) describing the process for becoming a licensed foster home and the 17 additional services and supports available for children placed in approved foster 18 homes; 19 (4) describing any financial assistance for which a family member may 20 be eligible upon obtaining custody of the child; and 21 (5) that is written in the family member's native language if the family 22 member is not fluent in English. 23 (c) The department shall file with the court information regarding actions 24 taken by the department under (a)(1) - (3) of this section 10 days before any scheduled 25 disposition, case review, or permanency hearing or as otherwise required by the court. 26 Any additional information obtained by the department following the initial filing 27 shall be disclosed to the court during the hearing. 28 (d) The department shall continue to diligently search for adult family 29 members or family friends suitable for placement of the child until the court orders 30 that the department is excused from conducting a diligent search or the department 31 finalizes the permanent placement of the child. The court may excuse the department
01 from considering an adult family member for placement of a child if the adult family 02 member does not demonstrate an interest in and willingness to be considered for 03 placement of the child within 90 days from the date of receiving the required notice 04 under (b) of this section. 05 * Sec. 5. AS 47.14.100(e) is amended to read: 06 (e) When a child is removed from a parent's home, the department shall search 07 for an appropriate placement as provided under AS 47.10.145 [WITH AN ADULT 08 FAMILY MEMBER OR FAMILY FRIEND. A SUPERVISOR AT THE 09 DEPARTMENT SHALL CERTIFY IN WRITING IN THE CASE FILE WHETHER 10 THE DEPARTMENT HAS SEARCHED FOR AN APPROPRIATE PLACEMENT 11 WITH AN ADULT FAMILY MEMBER OR FAMILY FRIEND]. If the department 12 has not complied with the search requirements [UNDER THIS SUBSECTION], the 13 supervisor shall work to ensure that the department completes the search in the 14 shortest time feasible. The department shall place the child, in the absence of clear and 15 convincing evidence of good cause to the contrary, 16 (1) in the least restrictive setting that most closely approximates a 17 family and that meets the child's special needs, if any; 18 (2) within reasonable proximity to the child's home, taking into 19 account any special needs of the child and the preferences of the child or parent; 20 (3) with, in the following order of preference, 21 (A) an adult family member, or, if the child is under six years 22 of age, a licensed foster home that has provided at least 12 consecutive 23 months of care to the child; 24 (B) a family friend who meets the foster care licensing 25 requirements established by the department; 26 (C) a licensed foster home that is not an adult family member 27 or family friend; 28 (D) an institution for children that has a program suitable to 29 meet the child's needs. 30 * Sec. 6. AS 47.14.100(m) is amended to read: 31 (m) [PRIMA FACIE EVIDENCE OF GOOD CAUSE NOT TO PLACE A
01 CHILD WITH AN ADULT FAMILY MEMBER OR FAMILY FRIEND UNDER 02 AS 47.10.088(i) OR UNDER (e) OF THIS SECTION INCLUDES THE FAILURE 03 TO MEET THE REQUIREMENTS FOR A FOSTER CARE LICENSE UNDER 04 AS 47.32 AND REGULATIONS ADOPTED UNDER AS 47.32, TAKING INTO 05 ACCOUNT A WAIVER, VARIANCE, OR EXEMPTION ALLOWED UNDER 06 AS 47.32.030(a)(3) AND 47.32.032.] Prima facie evidence of good cause not to place 07 a child, or that it is not in the best interests of a child to place the child, with an 08 adult family member or adult family friend does not include poverty or inadequate or 09 crowded housing. If the department denies a request for placement with an adult 10 family member or a family friend, the department shall inform the adult family 11 member or family friend of the basis for the denial and the right to request a hearing to 12 review the decision. A non-party [ADULT FAMILY MEMBER OR FAMILY 13 FRIEND] requesting a review hearing under AS 47.10.088(i) or under (e) of this 14 section is not eligible for publicly appointed legal counsel. 15 * Sec. 7. This Act takes effect January 1, 2025.