1998-05-06                     House Journal                      Page 3576
HB 375                                                                       
 foster parents; relating to access to certain criminal justice               
information and licensure of certain child care facilities; amending           
Rule 218, Alaska Rules of Appellate Procedure; and amending                    
Rules 3, 7, 10, 15, 18, 19, and 22, Alaska Child in Need of Aid                
Rules."                                                                        
                                                                               
                                                                               
Amendment No. 2 was offered  by Representative Davies:                          
                                                                               
Page 2, line 3, following "facilities;"(title amendment):                    
	Insert "relating to determinations of child custody and visitation           
in situations involving domestic violence;"                                   
                                                                               
Page 13, line 27:                                                              
	Insert new bill sections to read:                                             
"* Sec. ____  AS 25.20.061 is amended to read:                               
	Sec. 25.20.061.  Presumptions ¦VISITATIONá in                             
proceedings involving domestic violence.  (a)  If the court finds           
by a preponderance of the evidence that domestic violence as                   
defined in AS 18.66.990(3)(A) has occurred, rebuttable                         
presumptions arise that it is                                                  
		(1)  detrimental to the child and not in the best interest                  
of the child to be placed in sole custody, joint legal custody, or             
joint physical custody with the perpetrator of the domestic                    
violence; and                                                                  
		(2)  in the best interest of the child to reside with the                   
parent who is not a perpetrator of domestic violence in a                      
location of that parents choice, inside or outside the state.                  
	(b)  In addition to the rebuttable presumptions that a court                 
must consider under (a) of this section, if the court finds that               
domestic violence has occurred, the court shall consider the                   
following factors in making an award of child custody:                         
		(1)  the safety and well-being of the child or of the                       
parent who is the victim of domestic violence;                                 
		(2)  the perpetrators history of causing physical harm,                     
bodily injury, or assault, or of causing reasonable fear of                    
physical harm, bodily injury, or assault to another person.                    
	(c)  If a parent is absent or relocates because of an act of                 
domestic violence by the other parent, the court may not                       
consider the absence or relocation as a factor against that                    
parent in determining custody.