00 HOUSE BILL NO. 391 01 "An Act defining the relationship between a minor and a person or persons 02 having the legal custody of the minor, and relating to the enforcement of that 03 relationship when a minor has run away from or is refusing care provided by 04 a person having the minor's legal custody." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 25.20 is amended by adding a new section to read: 07  Sec. 25.20.005. Legal custody relationship. The relationship of legal custody 08 between a person or persons having the legal custody of a minor and the minor 09 includes 10  (1) the following rights and responsibilities relating to the care and 11 control of the minor: 12  (A) the responsibility to provide the minor with food, clothing, 13 shelter, education, and medical care; 14  (B) the right and responsibility to protect, train, and discipline 01 the minor; 02  (C) the right to determine where and with whom the minor shall 03 live; and 04  (D) the right and responsibility to make decisions of legal or 05 financial significance concerning the minor; and 06  (2) the following residual rights: 07  (A) the right of reasonable visitation with the minor; 08  (B) the rights to consent to 09  (i) the minor's marriage; 10  (ii) the minor's military enlistment; 11  (iii) the minor's adoption; 12  (iv) medical treatment for the minor except in cases of 13 emergency or cases described in AS 25.20.025(a); and 14  (C) the right to obtain representation for the minor in legal 15 actions. 16 * Sec. 2. AS 47.10.084 is amended to read: 17  Sec. 47.10.084. Legal custody, guardianship, and residual parental rights 18 and responsibilities. (a) When a child is committed under AS 47.10.080(c)(1) to the 19 department, released under AS 47.10.080(c)(2) to the child's parents, guardian, or other 20 suitable person, or committed to the department or to a legally appointed guardian of 21 the person of the child under AS 47.10.080(c)(3), a relationship of legal custody exists. 22 This relationship imposes on the department and its authorized agents or the parents, 23 guardian, or other suitable person the  rights and responsibilities set out in 24 AS 25.20.005,  [RESPONSIBILITY OF PHYSICAL CARE AND CONTROL OF THE 25 CHILD, THE DETERMINATION OF WHERE AND WITH WHOM THE CHILD 26 SHALL LIVE, THE RIGHT AND DUTY TO PROTECT, TRAIN, AND DISCIPLINE 27 THE CHILD, AND THE DUTY OF PROVIDING THE CHILD WITH FOOD, 28 SHELTER, EDUCATION, AND MEDICAL CARE. THESE OBLIGATIONS ARE] 29 subject to any residual parental rights and responsibilities and  any  rights and 30 responsibilities of a guardian if one has been appointed. When a child is committed 31 to the department and the department places the child with the child's parent, the 01 parent has the responsibility to provide and pay for food,  clothing,  shelter, education, 02 and medical care for the child. When parental rights have been terminated, or there 03 are no living parents and  a  [NO] guardian has  not  been appointed, the responsibilities 04 of legal custody include those in (b) and (c) of this section. The department or person 05 having legal custody of the child may delegate any of the responsibilities under this 06 section, except authority to consent to marriage, adoption, and military enlistment may 07 not be delegated. For purposes of this chapter ,  a person in charge of a placement 08 setting is an agent of the department. 09  (b) When a guardian is appointed for the child, the court shall specify in its 10 order the rights and responsibilities of the guardian. The guardian may be removed 11 only by court order. The rights and responsibilities may include, but are not limited 12 to, having the  residual rights described in AS 25.20.005(2)  [RIGHT AND 13 RESPONSIBILITY OF REASONABLE VISITATION, CONSENTING TO 14 MARRIAGE, CONSENTING TO MILITARY ENLISTMENT, CONSENTING TO 15 MAJOR MEDICAL TREATMENT, OBTAINING REPRESENTATION FOR THE 16 CHILD IN LEGAL ACTIONS,] and making decisions of legal or financial significance 17 concerning the child. 18  (c) When there has been transfer of legal custody or appointment of a guardian 19 and parental rights have not been terminated by court decree, the parents shall have 20   (1) the  residual rights  described in AS 25.20.005(2)  [AND 21 RESPONSIBILITIES. THESE RESIDUAL RIGHTS AND RESPONSIBILITIES OF 22 THE PARENT INCLUDE, BUT ARE NOT LIMITED TO, THE RIGHT AND 23 RESPONSIBILITY OF REASONABLE VISITATION, CONSENT TO ADOPTION, 24 CONSENT TO MARRIAGE, CONSENT TO MILITARY ENLISTMENT, CONSENT 25 TO MAJOR MEDICAL TREATMENT EXCEPT IN CASES OF EMERGENCY OR 26 CASES FALLING UNDER AS 25.20.025, AND THE RESPONSIBILITY FOR 27 SUPPORT], except if by court order any residual right  or  [AND] responsibility has 28 been delegated to a guardian under (b) of this section ; and 29  (2) the responsibility to furnish support for the purposes described 30 in AS 25.20.005(1)(A) . 31 * Sec. 3. AS 47.10.141(b) is amended to read: 01  (b)  If a minor described in this subsection is not otherwise subject to 02 arrest or detention, a  [A] peace officer shall take into protective custody a minor 03 described in (a) of this section  or a minor as to whom there are reasonable grounds 04 to believe that the minor either has run away without the consent of the person 05 having legal custody of the minor or is refusing available care from the person 06 having legal custody of the minor  [IF THE MINOR IS NOT OTHERWISE 07 SUBJECT TO ARREST OR DETENTION]. Unless (c) of this section applies, when 08 a peace officer takes a minor into protective custody under this subsection, 09  (1) the peace officer shall 10  (A) return the minor to the minor's parent or guardian at the 11 parent's or guardian's residence if the residence is in the same community 12 where the minor was found and if the minor's parent or guardian consents to 13 the return, except that the officer may not use this option if the officer has 14 reasonable cause to believe that the minor has experienced physical or sexual 15 abuse in the parent's or guardian's household; 16  (B) take the minor to a nearby location agreed to by the minor's 17 parent or guardian if the parent or guardian does not consent to return of the 18 minor under (A) of this paragraph and the officer does not have reasonable 19 cause to believe that the minor has experienced physical or sexual abuse in the 20 parent's or guardian's household; or 21  (C) if disposition of the minor is not made under (A) or (B) of 22 this paragraph, take the minor to 23  (i) an office specified by the Department of Health and 24 Social Services; 25  (ii) a program for runaway minors licensed by the 26 department under AS 47.10.310; 27  (iii) a shelter for runaways that has a permit from the 28 department under AS 47.35.085 that agrees to shelter the minor; 29  (iv) a facility or contract agency of the department; or 30  (v) another suitable location and promptly notify the 31 department if an office specified by the department, a licensed program 01 for runaway minors, a shelter for runaways that will accept the minor, 02 or a facility or contract agency of the department does not exist in the 03 community; 04  (2) if the peace officer plans to take the minor to an office, program, 05 shelter, or facility under (1)(C) of this subsection, the peace officer shall give the 06 highest priority to taking the minor to an office, program, shelter, or facility that is 07 semi-secure; 08  (3) a minor under protective custody may not be housed in a jail or 09 other detention facility but may be housed in a semi-secure portion of an office, 10 program, shelter, or other facility under (1)(C) of this subsection; 11  (4) the peace officer, immediately upon taking a minor into protective 12 custody, shall 13  (A) advise the minor of available mediation services and of the 14 right to social services under AS 47.10.142(b); and 15  (B) if the identity of the minor's parent or guardian is known, 16 advise the minor's parent or guardian that the minor has been taken into 17 protective custody and that counseling services for the minor's parent or 18 guardian and the minor's household may be available under AS 47.10.142(b). 19 * Sec. 4. AS 47.12.150 is amended to read: 20  Sec. 47.12.150. Legal custody, guardianship, and residual parental rights 21 and responsibilities. (a) When a minor is committed under AS 47.12.120(b)(1) or 22 (3) to the department or released under AS 47.12.120(b)(2) to the minor's parents, 23 guardian, or other suitable person, a relationship of legal custody exists. This 24 relationship imposes on the department and its authorized agents or the parents, 25 guardian, or other suitable person the  rights and responsibilities set out in 26 AS 25.20.005,  [RESPONSIBILITY OF PHYSICAL CARE AND CONTROL OF THE 27 MINOR, THE DETERMINATION OF WHERE AND WITH WHOM THE MINOR 28 SHALL LIVE, THE RIGHT AND DUTY TO PROTECT, TRAIN, AND DISCIPLINE 29 THE MINOR, AND THE DUTY OF PROVIDING THE MINOR WITH FOOD, 30 SHELTER, EDUCATION, AND MEDICAL CARE. THESE OBLIGATIONS ARE] 31 subject to any residual parental rights and responsibilities and  any  rights and 01 responsibilities of a guardian if one has been appointed. When a minor is committed 02 to the department and the department places the minor with the minor's parent, the 03 parent has the responsibility to provide and pay for food,  clothing,  shelter, education, 04 and medical care for the minor. When parental rights have been terminated, or there 05 are no living parents and a guardian has not been appointed, the responsibilities of 06 legal custody include those in (b) and (c) of this section. The department or person 07 having legal custody of the minor may delegate any of the responsibilities under this 08 section, except authority to consent to marriage, adoption, and military enlistment may 09 not be delegated. For purposes of this chapter, a person in charge of a placement 10 setting is an agent of the department. 11  (b) When a guardian is appointed for the minor, the court shall specify in its 12 order the rights and responsibilities of the guardian. The guardian may be removed 13 only by court order. The rights and responsibilities may include, but are not limited 14 to, having the  residual rights described in AS 25.20.005(2)  [RIGHT AND 15 RESPONSIBILITY OF REASONABLE VISITATION, CONSENTING TO 16 MARRIAGE, CONSENTING TO MILITARY ENLISTMENT, CONSENTING TO 17 MAJOR MEDICAL TREATMENT, OBTAINING REPRESENTATION FOR THE 18 MINOR IN LEGAL ACTIONS,] and making decisions of legal or financial 19 significance concerning the minor. 20  (c) When there has been transfer of legal custody or appointment of a guardian 21 and parental rights have not been terminated by court decree, the parents shall have 22   (1) the  residual rights  described in AS 25.20.005(2)  [AND 23 RESPONSIBILITIES. THESE RESIDUAL RIGHTS AND RESPONSIBILITIES OF 24 THE PARENT INCLUDE THE RIGHT AND RESPONSIBILITY OF REASONABLE 25 VISITATION, CONSENT TO ADOPTION, CONSENT TO MARRIAGE, CONSENT 26 TO MILITARY ENLISTMENT, CONSENT TO MAJOR MEDICAL TREATMENT 27 EXCEPT IN CASES OF EMERGENCY OR CASES FALLING UNDER 28 AS 25.20.025, AND THE RESPONSIBILITY FOR SUPPORT], except if by court 29 order any residual right  or  [AND] responsibility has been delegated to a guardian 30 under (b) of this section ; and 31  (2) the responsibility to furnish support for the purposes described 01 in AS 25.20.005(1)(A) .