2015-04-16                     Senate Journal                      Page 1039
SB 112                                                                                                                        
SENATE BILL NO. 112 BY THE SENATE RULES COMMITTEE                                                                               
BY REQUEST OF THE GOVERNOR, entitled:                                                                                           
                                                                                                                                
          "An Act establishing procedures related to a petition                                                                 
          for adoption of a child in state custody; adding a                                                                    
          definition of 'proxy for a formal petition'; amending                                                                 
          Rule 6(a), Alaska Adoption Rules; and providing for                                                                   
          an effective date."                                                                                                   
                                                                                                                                
was read the first time and referred to the Health and Social Services                                                          
and Judiciary Committees.                                                                                                       
                                                                                                                                
The following fiscal information was published today:                                                                           
 Fiscal Note No. 1, zero, Department of Health and Social Services                                                              
                                                                                                                                

2015-04-16                     Senate Journal                      Page 1040
Governor's transmittal letter dated April 15:                                                                                   
                                                                                                                                
Dear President Meyer:                                                                                                           
                                                                                                                                
Under the authority of Article III, Section 18 of the Alaska                                                                    
Constitution, I am transmitting a bill that would allow adoption of a                                                           
child in State custody as a child in need of aid to be filed and heard as                                                       
a child-in-need-of-aid proceeding. Additionally, the bill would allow                                                           
for more flexibility in the form of the petition for adoption.                                                                  
                                                                                                                                
Under current law, a person seeking to adopt a child who is in the                                                              
custody of the Department of Health and Social Services (Department)                                                            
must file a formal petition for adoption under AS 25.23.080 and have                                                            
the adoption hearing heard in a probate proceeding separate from the                                                            
child-in-need-of-aid proceeding under AS 47.10, despite the unique                                                              
nature of child-in-need-of-aid cases. The bill would ensure that                                                                
proceedings for the adoption of a child adjudicated to be in need of aid                                                        
to be filed and heard in the existing child-in-need-of-aid proceeding.                                                          
This would more fully protect the child, and those wishing to adopt the                                                         
child and would save resources by keeping the child-in-need-of-aid                                                              
proceeding and the adoption as one court matter. Second, the bill                                                               
would allow filing of a proxy for a formal petition to better address the                                                       
needs of Native and non-Native families by setting out in statute                                                               
alternatives to formal petitions to adopt currently required by State                                                           
law.                                                                                                                            
                                                                                                                                
The bill would allow use of a proxy for a formal petition to adopt; the                                                         
proxy could be filed by a child's relative, tribal member, or other                                                             
Indian family. A tribal member or relative also could make the request                                                          
to the Department by telephone, mail, facsimile, electronic mail, or in                                                         
person. Last, a proxy for a formal petition could be made by the                                                                
child's tribe or by a tribe in which the child would be eligible to be                                                          
enrolled. The Department also would have authority to develop                                                                   
regulations to address other instances where a proxy for a formal                                                               
petition to adopt should be allowed.                                                                                            
                                                                                                                                
These changes would benefit our most vulnerable children by assuring                                                            
that adoption proceedings for children in need of aid are conducted in                                                          
the manner most beneficial to Alaska's children and their families.                                                             
                                                                                                                                

2015-04-16                     Senate Journal                      Page 1041
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Bill Walker                                                                                                                     
Governor