00 CS FOR HOUSE BILL NO. 339(JUD) 01 "An Act relating to children-in-need-of-aid proceedings; allowing termination of 02 parental rights with respect to a child in need of aid as a result of parental 03 conduct or parental incarceration if the conduct or incarceration is likely to 04 continue to exist sufficiently long to seriously damage the parent and child 05 relationship or to cause serious emotional or physical harm to the child; and 06 providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. PURPOSE. The purpose of this Act is to respond to the Alaska Supreme 09 Court's invitation in A.M. v. State of Alaska, 891 P.2d 815 (Alaska 1995) and Nada A. v. State 10 of Alaska, 660 P.2d 436 (Alaska 1983) to create a statutory basis for making incarceration a 11 factor that can be considered in termination proceedings concerning children in need of aid. 12 * Sec. 2. AS 47.10.080(c) is amended to read: 13 (c) If the court finds that the minor is a child in need of aid, it shall 14 (1) order the minor committed to the department for placement in an 01 appropriate setting for a period of time not to exceed two years or in any event past the 02 date the minor becomes 19 years of age, except that the department may petition for and 03 the court may grant in a hearing (A) two-year extensions of commitment that do not 04 extend beyond the minor's 19th birthday if the extension is in the best interests of the 05 minor and the public; and (B) an additional one-year period of supervision past age 19 06 if the continued supervision is in the best interests of the person and the person consents 07 to it; the department may transfer the minor, in the minor's best interests, from one 08 placement setting to another, and the minor, the minor's parents or guardian, and the 09 minor's attorney are entitled to reasonable notice of the transfer; 10 (2) order the minor released to the minor's parents, guardian, or some 11 other suitable person, and, in appropriate cases, order the parents, guardian, or other 12 person to provide medical or other care and treatment; if the court releases the minor, 13 it shall direct the department to supervise the care and treatment given to the minor, but 14 the court may dispense with the department's supervision if the court finds that the adult 15 to whom the minor is released will adequately care for the minor without supervision; 16 the department's supervision may not exceed two years or in any event extend past the 17 date the minor reaches age 19, except that the department may petition for and the court 18 may grant in a hearing 19 (A) two-year extensions of supervision that do not extend beyond 20 the minor's 19th birthday if the extension is in the best interests of the minor and 21 the public; and 22 (B) an additional one-year period of supervision past age 19 if the 23 continued supervision is in the best interests of the person and the person 24 consents to it; or 25 (3) by order, upon a showing in the adjudication by clear and convincing 26 evidence that there is a child in need of aid under AS 47.10.010(a)(2) as a result of 27 parental conduct or incarceration, and upon a showing in the disposition by clear and 28 convincing evidence that the parental conduct or the period of incarceration is likely 29 to continue to exist sufficiently long to seriously damage the parent and child 30 relationship or to cause serious emotional or physical harm to the child if there is 31 no termination of parental rights, terminate parental rights and responsibilities of one or 01 both parents and commit the child to the department or to a legally appointed guardian 02 of the person of the child, and the department or guardian shall report annually to the 03 court on efforts being made to find a permanent placement for the child. 04 * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).