00 CS FOR SENATE BILL NO. 105(HSS) 01 "An Act relating to continuing the secondary public education of a homeless student; 02 relating to the purpose of certain laws as they relate to children; relating to tuition 03 waivers and medical assistance for a child placed in out-of-home care by the state; 04 relating to foster care; relating to children in need of aid; and relating to out-of-home 05 care transition to independent living." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 14.03 is amended by adding a new section to read: 08 Sec. 14.03.096. Continuing the public education of a homeless student. (a) 09 Except as provided in (b) and (d) of this section, the governing body of a school 10 district shall comply with the requirements for continuing the public education of a 11 homeless student in the student's school of origin and for providing comparable 12 education and transportation services for the remainder of the current school year or, if 13 the student is attending school for a summer term, for the remainder of the summer 01 term, under 42 U.S.C. 11431 - 11435 (McKinney-Vento Homeless Education 02 Assistance Improvement Act of 2001), as those provisions existed on February 1, 03 2009. 04 (b) The requirements in (a) of this section do not apply if the student moves to 05 a school district other than the school district in which the student's school of origin is 06 located. 07 (c) If a homeless student is transferred to a school other than the student's 08 school of origin, the school of origin shall provide a copy of the student's records to 09 the student's new school within seven school days after notification of the transfer. 10 The student's new school shall allow the student to attend school while awaiting the 11 transfer of records under this subsection. 12 (d) A school district is required to comply with this section only 13 (1) if the legislature appropriates funds for the purpose; and 14 (2) to the extent possible using funds appropriated for the purpose. 15 (e) In this section, 16 (1) "homeless student" has the meaning given in 42 U.S.C. 11434a for 17 "homeless child or youth," and the phrase "awaiting foster care placement" in that 18 definition shall be interpreted to include all students who are placed in out-of-home 19 care and in the custody of the Department of Health and Social Services under 20 AS 47.10.080(c) or who are committed to the custody of the Department of Health and 21 Social Services under AS 47.12.120(b)(1) or (3); 22 (2) "school of origin" means the school in which the student was last 23 enrolled. 24 * Sec. 2. AS 14.43 is amended by adding a new section to read: 25 Article 3A. Free Tuition for a Person Who Was in Out-of-Home Care. 26 Sec. 14.43.086. Free tuition and fees for a person who was in out-of-home 27 care. (a) A person who enrolls as a student in good standing in a state-supported 28 educational institution in the state is entitled to a waiver of tuition, fees, and room and 29 board expenses if the person provides adequate proof that the person 30 (1) was in the custody of the state under AS 47.10 or AS 47.14; 31 (2) was placed in out-of-home care for a period of not less than six 01 consecutive months on or after the person became 16 years of age; and 02 (3) is under 29 years of age. 03 (b) The amount of the waiver to which a person is entitled under this section is 04 the amount of unmet need for tuition, room, and board expenses, as determined by the 05 institution, after deducting funding for the school year from education loans, grants, or 06 scholarships received by a person eligible for a waiver. 07 (c) The proceeds of an education loan, grant, or scholarship received by a 08 person eligible for a waiver under this section must be paid to the educational 09 institution to offset the person's tuition, fees, and room and board expenses. 10 (d) A state-supported educational institution in the state is required to provide 11 a waiver under (a) of this section only if the legislature appropriates funds for the 12 purpose of offsetting waivers under this section. If an appropriation is not sufficient to 13 fully offset waivers for each person entitled to a waiver under (a) of this section, the 14 institution may offer full or partial waivers to eligible applicants as funding permits 15 and at the discretion of the institution. 16 (e) In this section, "out-of-home care" has the meaning given in AS 47.14.400. 17 * Sec. 3. AS 36.30.850(b)(42) is amended to read: 18 (42) grants and contracts with qualified entities for services under 19 AS 47.18.330 for the out-of-home [FOSTER] care transition program; 20 * Sec. 4. AS 47.05.060 is amended to read: 21 Sec. 47.05.060. Purpose and policy relating to children. The purpose of this 22 title as it relates to children is to secure for each child the care and guidance, 23 preferably in the child's own home, as well as an adequate education, that will serve 24 the moral, emotional, mental, intellectual, and physical welfare of the child and the 25 best interests of the community; to preserve and strengthen the child's family ties 26 unless efforts to preserve and strengthen the ties are likely to result in physical or 27 emotional damage to the child, removing the child from the custody of the parents 28 only as a last resort when the child's welfare or safety or the protection of the public 29 cannot be adequately safeguarded without removal; and, when the child is removed 30 from the family, to secure for the child adequate custody, education, and care and 31 adequate planning for permanent placement of the child. 01 * Sec. 5. AS 47.05.065 is amended to read: 02 Sec. 47.05.065. Legislative findings related to children. The legislature finds 03 that 04 (1) parents have the following rights and responsibilities relating to the 05 care and control of their child while the child is a minor: 06 (A) the responsibility to provide the child with food, clothing, 07 shelter, education, and medical care; 08 (B) the right and responsibility to protect, nurture, train, and 09 discipline the child, including the right to direct the child's medical care and 10 the right to exercise reasonable corporal discipline; 11 (C) the right to determine where and with whom the child shall 12 live; 13 (D) the right and responsibility to make decisions of legal or 14 financial significance concerning the child; 15 (E) the right to obtain representation for the child in legal 16 actions; and 17 (F) the responsibility to provide special safeguards and care, 18 including appropriate prenatal and postnatal protection for the child; 19 (2) it is the policy of the state to strengthen families and to protect 20 children from child abuse and neglect; the state recognizes that, in some cases, 21 protection of a child may require removal of the child from the child's home; however, 22 (A) except in those cases involving serious risk to a child's 23 health or safety, the Department of Health and Social Services should provide 24 time-limited family support services to the child and the child's family in order 25 to offer parents the opportunity to remedy parental conduct or conditions in the 26 home that placed the child at risk of harm so that a child may return home 27 safely and permanently; and 28 (B) the state also recognizes that when a child is removed from 29 the home, visitation between the child and the child's parents or guardian and 30 family members reduces the trauma for the child and enhances the likelihood 31 that the child will be able to return home; therefore, whenever a child is 01 removed from the parental home, the Department of Health and Social 02 Services should encourage frequent, regular, and reasonable visitation of the 03 child with the child's parent or guardian and family members; 04 (3) it is the policy of the state to recognize that, when a child is a ward 05 of the state, the child is entitled to reasonable safety, adequate care, and adequate 06 treatment and that the Department of Health and Social Services as legal custodian and 07 the child's guardian ad litem as guardian of the child's best interests and their agents 08 and assignees, each should make reasonable efforts to ensure that the child is provided 09 with reasonable safety, adequate care, and adequate treatment for the duration of time 10 that the child is a ward of the state; 11 (4) it is in the best interests of a child who has been removed from the 12 child's own home for the state to apply the following principles in resolving the 13 situation: 14 (A) the child should be placed in a safe, secure, and stable 15 environment; 16 (B) the child should not be moved unnecessarily; 17 (C) a planning process should be followed to lead to permanent 18 placement of the child; 19 (D) every effort should be made to encourage psychological 20 attachment between the adult caregiver and the child; 21 (E) frequent, regular, and reasonable visitation with the parent 22 or guardian and family members should be encouraged; [AND] 23 (F) parents and guardians must actively participate in family 24 support services so as to facilitate the child's being able to remain in the home; 25 when children are removed from the home, the parents and guardians must 26 actively participate in family support services to make return of their children 27 to the home possible; and 28 (G) the child should continue to attend the child's school of 29 origin as provided under AS 14.03.096; 30 (5) numerous studies establish that 31 (A) children undergo a critical attachment process before the 01 time they reach six years of age; 02 (B) a child who has not attached with an adult caregiver during 03 this critical stage will suffer significant emotional damage that frequently leads 04 to chronic psychological problems and antisocial behavior when the child 05 reaches adolescence and adulthood; and 06 (C) it is important to provide for an expedited placement 07 procedure to ensure that all children, especially those under the age of six 08 years, who have been removed from their homes are placed in permanent 09 homes expeditiously. 10 * Sec. 6. AS 47.07.020(b) is amended to read: 11 (b) In addition to the persons specified in (a) of this section, the following 12 optional groups of persons for whom the state may claim federal financial 13 participation are eligible for medical assistance: 14 (1) persons eligible for but not receiving assistance under any plan of 15 the state approved under 42 U.S.C. 1381 - 1383c (Title XVI, Social Security Act, 16 Supplemental Security Income) or a federal program designated as the successor to the 17 aid to families with dependent children program; 18 (2) persons in a general hospital, skilled nursing facility, or 19 intermediate care facility, who, if they left the facility, would be eligible for assistance 20 under one of the federal programs specified in (1) of this subsection; 21 (3) persons under 21 years of age who are under supervision of the 22 department, for whom maintenance is being paid in whole or in part from public 23 funds, and who are in out-of-home care [FOSTER HOMES] or private child-care 24 institutions; 25 (4) aged, blind, or disabled persons, who, because they do not meet 26 income and resources requirements, do not receive supplemental security income 27 under 42 U.S.C. 1381 - 1383c (Title XVI, Social Security Act), and who do not 28 receive a mandatory state supplement, but who are eligible, or would be eligible if 29 they were not in a skilled nursing facility or intermediate care facility to receive an 30 optional state supplementary payment; 31 (5) persons under 21 years of age who are in an institution designated 01 as an intermediate care facility for the mentally retarded and who are financially 02 eligible as determined by the standards of the federal program designated as the 03 successor to the aid to families with dependent children program; 04 (6) persons in a medical or intermediate care facility whose income 05 while in the facility does not exceed $1,656 a month but who would not be eligible for 06 an optional state supplementary payment if they left the hospital or other facility; 07 (7) persons under 21 years of age who are receiving active treatment in 08 a psychiatric hospital and who are financially eligible as determined by the standards 09 of the federal program designated as the successor to the aid to families with 10 dependent children program; 11 (8) persons under 21 years of age and not covered under (a) of this 12 section [,] who would be eligible for benefits under the federal program designated as 13 the successor to the aid to families with dependent children program, except that they 14 have the care and support of both their natural and adoptive parents; 15 (9) pregnant women not covered under (a) of this section and who 16 meet the income and resource requirements of the federal program designated as the 17 successor to the aid to families with dependent children program; 18 (10) persons under 21 years of age not covered under (a) of this section 19 who the department has determined cannot be placed for adoption without medical 20 assistance because of a special need for medical or rehabilitative care and who the 21 department has determined are hard-to-place children eligible for subsidy under 22 AS 25.23.190 - 25.23.210; 23 (11) persons who can be considered under 42 U.S.C. 1396a(e)(3) (Title 24 XIX, Social Security Act, Medical Assistance) to be individuals with respect to whom 25 a supplemental security income is being paid under 42 U.S.C. 1381 - 1383c (Title 26 XVI, Social Security Act) because they meet all of the following criteria: 27 (A) they are 18 years of age or younger and qualify as disabled 28 individuals under 42 U.S.C. 1382c(a) (Title XVI, Social Security Act); 29 (B) the department has determined that 30 (i) they require a level of care provided in a hospital, nursing facility, or 31 intermediate care facility for the mentally retarded; 01 (ii) it is appropriate to provide their care outside of an institution; and 02 (iii) the estimated amount that would be spent for medical assistance for their 03 individual care outside an institution is not greater than the estimated amount that 04 would otherwise be expended individually for medical assistance within an 05 appropriate institution; 06 (C) if they were in a medical institution, they would be eligible 07 for medical assistance under other provisions of this chapter; and 08 (D) home and community-based services under a waiver 09 approved by the federal government are either not available to them under this 10 chapter or would be inappropriate for them; 11 (12) disabled persons, as described in 42 U.S.C. 12 1396a(a)(10)(A)(ii)(XIII), who are in families whose income, as determined under 13 applicable federal regulations or guidelines, is less than 250 percent of the official 14 poverty line applicable to a family of that size according to the United States 15 Department of Health and Human Services, and who, but for earnings in excess of the 16 limit established under 42 U.S.C. 1396d(q)(2)(B), would be considered to be 17 individuals with respect to whom a supplemental security income is being paid under 18 42 U.S.C. 1381 - 1383c; a person eligible for assistance under this paragraph who is 19 not eligible under another provision of this section shall pay a premium or other cost- 20 sharing charges according to a sliding fee scale that is based on income as established 21 by the department in regulations; 22 (13) persons under 19 years of age who are not covered under (a) of 23 this section and whose household income does not exceed 175 percent of the federal 24 poverty line as defined by the United States Department of Health and Human 25 Services and revised under 42 U.S.C. 9902(2); 26 (14) pregnant women who are not covered under (a) of this section and 27 whose household income does not exceed 175 percent of the federal poverty line as 28 defined by the United States Department of Health and Human Services and revised 29 under 42 U.S.C. 9902(2); 30 (15) persons who have been diagnosed with breast or cervical cancer 31 and who are eligible for coverage under 42 U.S.C. 1396a(a)(10)(A)(ii)(XVIII); 01 (16) persons under 21 years of age who were in the custody of the 02 department under AS 47.10 or AS 47.14 and who were placed in out-of-home 03 care for a period of not less than six consecutive months on or after reaching 16 04 years of age. 05 * Sec. 7. AS 47.07.020 is amended by adding a new subsection to read: 06 (o) In this section, "out-of-home care" has the meaning given in AS 47.14.400. 07 * Sec. 8. AS 47.10.080(c) is amended to read: 08 (c) If the court finds that the child is a child in need of aid, the court shall 09 (1) order the child committed to the department for placement in an 10 appropriate setting for a period of time not to exceed two years or in any event not to 11 extend past the date the child becomes 19 years of age, except that the department or 12 the child's guardian ad litem may petition for and the court may grant in a hearing 13 (A) one-year extensions of commitment that do not extend 14 beyond the child's 19th birthday if the extension is in the best interests of the 15 child; and 16 (B) one-year extensions of commitment that do not extend 17 beyond the child's 21st birthday [AN ADDITIONAL ONE-YEAR PERIOD 18 OF STATE CUSTODY PAST 19 YEARS OF AGE] if the continued state 19 custody is in the best interests of the person and the person consents to it; 20 (2) order the child released to a parent, adult family member, or 21 guardian of the child or to another suitable person, and, in appropriate cases, order the 22 parent, adult family member, guardian, or other person to provide medical or other 23 care and treatment; if the court releases the child, it shall direct the department to 24 supervise the care and treatment given to the child, but the court may dispense with 25 the department's supervision if the court finds that the adult to whom the child is 26 released will adequately care for the child without supervision; the department's 27 supervision may not exceed two years or in any event extend past the date the child 28 reaches 19 years of age, except that the department or the child's guardian ad litem 29 may petition for and the court may grant in a hearing 30 (A) one-year extensions of supervision that do not extend 31 beyond the child's 19th birthday if the extensions are in the best interests of the 01 child; and 02 (B) an additional one-year period of supervision past 19 years 03 of age if the continued supervision is in the best interests of the person and the 04 person consents to it; or 05 (3) order, under the grounds specified in (o) of this section or 06 AS 47.10.088, the termination of parental rights and responsibilities of one or both 07 parents and commit the child to the custody of the department, and the department 08 shall report quarterly to the court on efforts being made to find a permanent placement 09 for the child. 10 * Sec. 9. AS 47.10.080 is amended by adding a new subsection to read: 11 (v) A social worker employed by or under contract with the department shall, 12 not less than monthly, conduct visits with a child committed to the custody of the 13 department under (c) of this section. The visits must be of sufficient substance and 14 duration to address issues pertinent to case planning and service delivery to ensure the 15 child's safety, permanency, and well-being. The majority of the visits conducted under 16 this subsection must be at the location of the child's current placement. Nothing in this 17 paragraph creates a private right of action against the department or the department's 18 contractors. In this subsection, "visit" means face-to-face contact between social 19 worker and child. 20 * Sec. 10. AS 47.10.990(3) is amended to read: 21 (3) "child" means a person who is 22 (A) under 18 years of age; 23 (B) [AND A PERSON] 19 years of age if that person was 24 under 18 years of age at the time that a proceeding under this chapter was 25 commenced; and 26 (C) under 21 years of age if that person is living in out-of- 27 home care; 28 * Sec. 11. AS 47.10.990 is amended by adding a new paragraph to read: 29 (33) "out-of-home care" has the meaning given in AS 47.14.400. 30 * Sec. 12. AS 47.18.300(a) is amended to read: 31 (a) The department, in coordination with local public and private agencies, 01 shall design, develop, and implement an out-of-home care [A FOSTER CARE] 02 transition program to provide support and services to individuals who 03 (1) reach or have reached the age of 16 or older while in state custody 04 and placed in out-of-home [FOSTER] care and have not yet reached 23 years of age; 05 and 06 (2) meet other eligibility criteria established by the department under 07 (b) of this section. 08 * Sec. 13. AS 47.18.310 is amended to read: 09 Sec. 47.18.310. Program design. The department, in coordination with local 10 public and private agencies, shall design the program as a continuation of the training 11 efforts related to independent living skills that were initiated for a child in state 12 custody who was placed in out-of-home care and [WHEN THE STATE FOSTER 13 CARE RECIPIENTS WERE] identified as being likely to remain in out-of-home 14 [STATE FOSTER] care until reaching not less than the age of 18. The program 15 design must require that program participants are directly involved in identifying the 16 program activities that will prepare them for independent living. 17 * Sec. 14. AS 47.18.320(a) is amended to read: 18 (a) Subject to the availability of an appropriation made for the purposes of 19 AS 47.18.300 - 47.18.390, the program may provide 20 (1) education and vocational training; 21 (2) assistance in obtaining basic education and training; 22 (3) career and employment services; 23 (4) training in basic life skills; 24 (5) housing and utility assistance; 25 (6) mentoring and counseling; and 26 (7) other appropriate services to complement the efforts of former state 27 foster care recipients or a child who was in state custody and placed in out-of- 28 home care to achieve self-sufficiency. 29 * Sec. 15. AS 47.18 is amended by adding a new section to read: 30 Sec. 47.18.335. Monetary living expense stipend. (a) The department shall 31 provide a monthly monetary living expense stipend for a period not to exceed nine 01 months in an amount described in (b) of this section to an individual who 02 (1) has left out-of-home care at age 18 or older; 03 (2) is participating in services in the program; and 04 (3) has monthly contact with a social worker involved in the program. 05 (b) A stipend provided under this section shall be in an amount necessary to 06 meet an eligible individual's living expense as determined by the department. The 07 amount may not exceed 08 (1) for the first six months of eligibility, the daily rate provided to a 09 licensed foster parent; or 10 (2) for a period not to exceed three additional months during the period 11 that follows the first six months of eligibility, half of the daily rate provided to a 12 licensed foster parent. 13 (c) The department shall pay the stipend provided under this section until the 14 later of the date that the individual 15 (1) reaches 21 years of age; or 16 (2) has left out-of-home care for six months. 17 (d) The department may adopt regulations to implement this section. 18 * Sec. 16. AS 47.18.390(1) is amended to read: 19 (1) "program" means the out-of-home [FOSTER] care transition 20 program authorized under AS 47.18.300 - 47.18.390; 21 * Sec. 17. AS 47.18.390(3) is repealed and reenacted to read: 22 (3) "out-of-home care" has the meaning given in AS 47.14.400.