00 HOUSE BILL NO. 358 01 "An Act relating to continuing the public education of a homeless student, to the 02 purpose of certain laws as they relate to children, to the determination of costs of 03 maintenance of certain children in foster care, and to the salaries and benefits of certain 04 social workers employed by the state; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 07 to read: 08 LEGISLATIVE FINDINGS. (a) The State of Alaska has a chronic shortage of social 09 workers. Those social workers are needed to enhance the chance of success, and to protect the 10 health and safety of foster children and other children in need of aid, and the shortage 11 jeopardizes their safety and chances of success in life. The inadequate number of social 12 workers in Alaska also leaves foster parents without needed help, and is part of the reason the 13 state has a shortage of foster parents. 14 (b) The pay offered by the state to social workers is vastly inadequate to attract and 01 retain qualified employees, and is a major reason for shortages of social workers. It is 02 important that the state immediately resolve this problem to protect the public, and to enhance 03 the chances that foster children will succeed in life. 04 * Sec. 2. AS 14.03 is amended by adding a new section to read: 05 Sec. 14.03.096. Continuing the public education of a homeless student. (a) 06 Except as provided under (b) of this section, the governing body of a school district 07 shall, to the extent feasible, comply with the requirements for continuing the public 08 education of a homeless student in the student's school of origin and for providing 09 comparable education services during the homelessness under 42 U.S.C. 11431 - 10 11435 (McKinney-Vento Homeless Education Assistance Improvement Act of 2001). 11 (b) A governing body of a school district may transfer a homeless student to 12 another school if the student 13 (1) is adjudicated delinquent and committed to the custody of the 14 department under AS 47.14; 15 (2) is disabled and a decision is made by an authorized person to 16 transfer the student to a school that complies with the student's individual educational 17 plan; or 18 (3) requires or requests a transfer to enhance the student's education 19 and the school of origin cannot provide the enhancement. 20 (c) If a homeless student is transferred to another school, the school of origin 21 shall transfer the student's school records as early as possible and within 10 days after 22 the transfer. 23 (d) In this section, 24 (1) "homeless student" has the meaning given in 42 U.S.C. 11434a for 25 "homeless child or youth," and the phrase "awaiting foster care placement" in that 26 definition shall be interpreted to include all students who are placed in out-of-home 27 care and in the custody of the Department of Health and Social Services under 28 AS 47.10.080(c) or who are committed to the custody of the Department of Health and 29 Social Services under AS 47.12.120(b)(1) or (3); 30 (2) "school of origin" means the school that the student attended when 31 permanently housed or the school in which the student was last enrolled. 01 * Sec. 3. AS 44.29 is amended by adding a new section to read: 02 Sec. 44.29.021. Salaries and benefits for certain social workers. 03 Notwithstanding AS 39.25, AS 39.35, and other provisions of law, the commissioner 04 of health and social services may increase the salaries and benefits of social workers 05 who provide services to or for the benefit of children who are in need of aid or are in 06 foster care under AS 47. The commissioner shall exercise the authority to increase 07 salaries and benefits under this section only as necessary to attract and retain an 08 adequate number of qualified social workers and as would be consistent with art. XII, 09 sec. 6, Constitution of the State of Alaska, setting out the merit principle applicable to 10 employment by the state. 11 * Sec. 4. AS 47.05.060 is amended to read: 12 Sec. 47.05.060. Purpose and policy relating to children. The purpose of this 13 title as it relates to children is to secure for each child the care and guidance, 14 preferably in the child's own home, as well as an adequate education, that will serve 15 the moral, emotional, mental, intellectual, and physical welfare of the child and the 16 best interests of the community; to preserve and strengthen the child's family ties 17 unless efforts to preserve and strengthen the ties are likely to result in physical or 18 emotional damage to the child, removing the child from the custody of the parents 19 only as a last resort when the child's welfare or safety or the protection of the public 20 cannot be adequately safeguarded without removal; and, when the child is removed 21 from the family, to secure for the child adequate custody, education, and care and 22 adequate planning for permanent placement of the child. 23 * Sec. 5. AS 47.05.065 is amended to read: 24 Sec. 47.05.065. Legislative findings related to children. The legislature finds 25 that 26 (1) parents have the following rights and responsibilities relating to the 27 care and control of their child while the child is a minor: 28 (A) the responsibility to provide the child with food, clothing, 29 shelter, education, and medical care; 30 (B) the right and responsibility to protect, nurture, train, and 31 discipline the child, including the right to direct the child's medical care and 01 the right to exercise reasonable corporal discipline; 02 (C) the right to determine where and with whom the child shall 03 live; 04 (D) the right and responsibility to make decisions of legal or 05 financial significance concerning the child; 06 (E) the right to obtain representation for the child in legal 07 actions; and 08 (F) the responsibility to provide special safeguards and care, 09 including appropriate prenatal and postnatal protection for the child; 10 (2) it is the policy of the state to strengthen families and to protect 11 children from child abuse and neglect; the state recognizes that, in some cases, 12 protection of a child may require removal of the child from the child's home; however, 13 (A) except in those cases involving serious risk to a child's 14 health or safety, the Department of Health and Social Services should provide 15 time-limited family support services to the child and the child's family in order 16 to offer parents the opportunity to remedy parental conduct or conditions in the 17 home that placed the child at risk of harm so that a child may return home 18 safely and permanently; and 19 (B) the state also recognizes that when a child is removed from 20 the home, visitation between the child and the child's parents or guardian and 21 family members reduces the trauma for the child and enhances the likelihood 22 that the child will be able to return home; therefore, whenever a child is 23 removed from the parental home, the Department of Health and Social 24 Services should encourage frequent, regular, and reasonable visitation of the 25 child with the child's parent or guardian and family members; 26 (3) it is the policy of the state to recognize that, when a child is a ward 27 of the state, the child is entitled to reasonable safety, adequate care, and adequate 28 treatment and that the Department of Health and Social Services as legal custodian and 29 the child's guardian ad litem as guardian of the child's best interests and their agents 30 and assignees, each should make reasonable efforts to ensure that the child is provided 31 with reasonable safety, adequate care, and adequate treatment for the duration of time 01 that the child is a ward of the state; 02 (4) it is in the best interests of a child who has been removed from the 03 child's own home for the state to apply the following principles in resolving the 04 situation: 05 (A) the child should be placed in a safe, secure, and stable 06 environment; 07 (B) the child should not be moved unnecessarily; 08 (C) a planning process should be followed to lead to permanent 09 placement of the child; 10 (D) every effort should be made to encourage psychological 11 attachment between the adult caregiver and the child; 12 (E) frequent, regular, and reasonable visitation with the parent 13 or guardian and family members should be encouraged; [AND] 14 (F) parents and guardians must actively participate in family 15 support services so as to facilitate the child's being able to remain in the home; 16 when children are removed from the home, the parents and guardians must 17 actively participate in family support services to make return of their children 18 to the home possible; and 19 (G) the child should continue to attend the child's school of 20 origin as provided under AS 14.03.096; 21 (5) numerous studies establish that 22 (A) children undergo a critical attachment process before the 23 time they reach six years of age; 24 (B) a child who has not attached with an adult caregiver during 25 this critical stage will suffer significant emotional damage that frequently leads 26 to chronic psychological problems and antisocial behavior when the child 27 reaches adolescence and adulthood; and 28 (C) it is important to provide for an expedited placement 29 procedure to ensure that all children, especially those under the age of six 30 years, who have been removed from their homes are placed in permanent 31 homes expeditiously. 01 * Sec. 6. AS 47.14.100(b) is amended to read: 02 (b) The department may pay the costs of maintenance that are necessary to 03 assure adequate care of the child, and may accept funds from the federal government 04 that are granted to assist in carrying out the purposes of this chapter, or that are paid 05 under contract entered into with a federal department or agency. At least once each 06 year, the department shall recalculate the costs of maintenance that are necessary 07 to assure adequate care of a child in a foster family based on the latest federal 08 poverty guidelines as determined by the United States Department of Health and 09 Human Services. A child under the care of the department may not be placed in a 10 family home or institution that does not maintain adequate standards of care. 11 * Sec. 7. Sections 1 and 3 of this Act take effect immediately under AS 01.10.070(c).