00 HOUSE BILL NO. 27 01 "An Act relating to the duties of the Department of Health and Social Services; relating 02 to hearings on permanent placement of a child in need of aid; relating to school 03 placement and transportation for children in foster care; relating to foster care 04 transition programs; relating to emergency and temporary placement of a child in need 05 of aid; relating to the confidentiality of information regarding child protection; relating 06 to transitional living arrangements for children in foster care; and amending Rules 17.2 07 and 18, Alaska Child in Need of Aid Rules of Procedure." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. AS 47.05.010 is amended to read: 10 Sec. 47.05.010. Duties of department. The Department of Health and Social 11 Services shall 12 (1) administer adult public assistance, the Alaska temporary assistance 13 program, and all other assistance programs, and receive and spend money made 01 available to it; 02 (2) adopt regulations necessary for the conduct of its business and for 03 carrying out federal and state laws granting adult public assistance, temporary cash 04 assistance, diversion payments, or self-sufficiency services for needy families under 05 the Alaska temporary assistance program, and other assistance; 06 (3) establish minimum standards for personnel employed by the 07 department and adopt necessary regulations to maintain those standards; 08 (4) require those bonds and undertakings from persons employed by it 09 that, in its judgment, are necessary, and pay the premiums on them; 10 (5) cooperate with the federal government in matters of mutual 11 concern pertaining to adult public assistance, the Alaska temporary assistance 12 program, and other forms of public assistance; 13 (6) make the reports, in the form and containing the information, that 14 the federal government from time to time requires; 15 (7) cooperate with the federal government, its agencies, or 16 instrumentalities in establishing, extending, and strengthening services for the 17 protection and care of homeless, dependent, and neglected children in danger of 18 becoming delinquent, and receive and expend funds available to the department by the 19 federal government, the state, or its political subdivisions for that purpose; 20 (8) cooperate with the federal government in adopting state plans to 21 make the state eligible for federal matching in appropriate categories of assistance, and 22 in all matters of mutual concern, including adoption of the methods of administration 23 that are found by the federal government to be necessary for the efficient operation of 24 welfare programs; 25 (9) adopt regulations, not inconsistent with law, defining need, 26 prescribing the conditions of eligibility for assistance, and establishing standards for 27 determining the amount of assistance that an eligible person is entitled to receive; the 28 amount of the assistance is sufficient when, added to all other income and resources 29 available to an individual, it provides the individual with a reasonable subsistence 30 compatible with health and well-being; an individual who meets the requirements for 31 eligibility for assistance shall be granted the assistance promptly upon application for 01 it; 02 (10) grant to a person claiming or receiving assistance and who is 03 aggrieved because of the department's action or failure to act, reasonable notice and an 04 opportunity for a fair hearing by the office of administrative hearings (AS 44.64.010), 05 and the department shall adopt regulations relative to this; 06 (11) enter into reciprocal agreements with other states relative to 07 public assistance, welfare services, and institutional care that are considered advisable; 08 (12) establish the requirements of residence for public assistance, 09 welfare services, and institutional care that are considered advisable, subject to the 10 limitations of other laws of the state, or law or regulation imposed as conditions for 11 federal financial participation; 12 (13) establish the divisions and local offices that are considered 13 necessary or expedient to carry out a duty or authority assigned to it and appoint and 14 employ the assistants and personnel that are necessary to carry on the work of the 15 divisions and offices, and fix the compensation of the assistants or employees, except 16 that a person engaged in business as a retail vendor of general merchandise, or a 17 member of the immediate family of a person who is so engaged, may not serve as an 18 acting, temporary, or permanent local agent of the department, unless the 19 commissioner of health and social services certifies in writing to the governor, with 20 relation to a particular community, that no other qualified person is available in the 21 community to serve as local welfare agent; for the purposes of this paragraph, a 22 "member of the immediate family" includes a spouse, child, parent, brother, sister, 23 parent-in-law, brother-in-law, or sister-in-law; 24 (14) provide education and health-related services and referrals 25 designed to reduce the number of out-of-wedlock pregnancies and the number of 26 induced pregnancy terminations in the state; 27 (15) investigate reports of abuse, neglect, or misappropriation of 28 property by certified nurse aides in facilities licensed by the department under 29 AS 47.32; 30 (16) establish state policy relating to and administer federal programs 31 subject to state control as provided under 42 U.S.C. 3001 - 3058ee (Older Americans 01 Act of 1965), as amended, and related federal regulations; 02 (17) administer the older Alaskans service grants under AS 47.65.010 - 03 47.65.050 and the adult day care and family respite care grants under AS 47.65.100; 04 (18) recruit foster parents and adoptive parents when a shortage 05 of foster parents or adoptive parents exists. 06 * Sec. 2. AS 47.10.080(f) is amended to read: 07 (f) A child found to be a child in need of aid is a ward of the state while 08 committed to the department or the department has the power to supervise the child's 09 actions. For an order made under (c)(1) of this section, the court shall hold a 10 permanency hearing as required by (l) of this section [AND AT LEAST ANNUALLY 11 THEREAFTER DURING THE CONTINUATION OF FOSTER CARE] to determine 12 whether [IF] continued placement, as it is being provided, is in the best interest of the 13 child. The department, the child, and the child's parents, guardian, and guardian ad 14 litem are entitled, when good cause is shown, to a permanency hearing on application. 15 If the application is granted, the court shall afford these persons and their counsel 16 reasonable advance notice and hold a permanency hearing where these persons and 17 their counsel shall be afforded an opportunity to be heard. The persons entitled to 18 notice under AS 47.10.030(b) and the grandparents entitled to notice under 19 AS 47.10.030(d) are entitled to notice of a permanency hearing under this subsection 20 and are also entitled to be heard at the hearing. The child shall be afforded the 21 opportunity to be present and to be heard at the permanency hearing. After the 22 permanency hearing, the court shall make the written findings that are required under 23 (l) of this section. The court shall review an order made under (c)(2) of this section at 24 least annually to determine if continued supervision, as it is being provided, is in the 25 best interest of the child; this review is not considered to be a permanency hearing and 26 is not governed by the provisions of this subsection that relate to permanency 27 hearings. For an order made under (c)(3) of this section, the court shall also hold 28 a hearing as required under (x) of this section; this hearing is not a permanency 29 hearing and is not governed by the provisions of this subsection that relate to 30 permanency hearings. 31 * Sec. 3. AS 47.10.080(l) is amended to read: 01 (l) Within 12 months after the date a child enters foster care as calculated 02 under AS 47.10.088(f), the court shall hold a permanency hearing, and, if the 03 permanent plan is for the child to remain in out-of-home care and the 04 department has not found a permanent placement for the child within two years 05 after the date the court approves the permanent plan, the court shall hold a 06 hearing at least once every six months. The hearing and permanent plan developed 07 in the hearing are governed by the following provisions: 08 (1) the persons entitled to be heard under AS 47.10.070 or under (f) of 09 this section are also entitled to be heard at the hearing held under this subsection; 10 (2) when establishing the permanent plan for the child, the court shall 11 make appropriate written findings, including findings related to whether 12 (A) and when the child should be returned to the parent or 13 guardian; 14 (B) the child should be placed for adoption or legal 15 guardianship and whether a petition for termination of parental rights should be 16 filed by the department; [AND] 17 (C) there is a compelling reason that the most appropriate 18 placement for the child is in another planned, permanent living arrangement 19 and the department has recommended the arrangement under AS 47.14.100(p); 20 the findings under this paragraph must include the steps that are necessary to 21 achieve the new arrangement; and 22 (D) the child should be permanently placed with a fit and 23 willing relative; 24 (3) if the court is unable to make a finding required under (2) of this 25 subsection, the court shall hold another hearing within a reasonable period of time; 26 (4) in addition to the findings required by (2) of this subsection, the 27 court shall also make appropriate written findings related to 28 (A) whether the department has made the reasonable efforts 29 required under AS 47.10.086 to offer appropriate family support services to 30 remedy the parent's or guardian's conduct or conditions in the home that made 31 the child a child in need of aid under this chapter; 01 (B) whether the parent or guardian has made substantial 02 progress to remedy the parent's or guardian's conduct or conditions in the home 03 that made the child a child in need of aid under this chapter; 04 (C) if the permanent plan is for the child to remain in out-of- 05 home care [OUT-OF-HOME-CARE], whether 06 (i) the child's out-of-home placement continues to be 07 appropriate and in the best interests of the child; and 08 (ii) the department is taking all feasible steps to find 09 a permanent placement for the child; 10 (D) whether the department has made reasonable efforts to 11 finalize the permanent plan for the child; 12 (5) the court shall hold a hearing to review the permanent plan at least 13 annually until successful implementation of the plan; if the plan approved by the court 14 changes after the hearing, the department shall promptly apply to the court for another 15 permanency hearing, and the court shall conduct the hearing within 30 days after 16 application by the department; 17 (6) if the court finds, under (4)(C)(ii) of this subsection, that the 18 department is not taking all feasible steps to find a permanent placement for the 19 child, the court shall order the department to take all feasible steps to find a 20 permanent placement for the child unless the current placement is in the best 21 interests of the child. 22 * Sec. 4. AS 47.10.080(s) is amended to read: 23 (s) The department may transfer a child, in the child's best interests, from one 24 placement setting to another, and the child, the child's parents or guardian, the child's 25 foster parents or out-of-home caregiver, the child's guardian ad litem, the child's 26 attorney, and the child's tribe are entitled to advance notice of a nonemergency 27 transfer. A party opposed to the proposed transfer may request a hearing and must 28 prove by clear and convincing evidence that the transfer would be contrary to the best 29 interests of the child for the court to deny the transfer. A foster parent or out-of-home 30 caregiver who requests a nonemergency change in placement of the child shall provide 31 the department with reasonable advance notice of the requested change. When the 01 department transfers a child from one out-of-home placement to another, the 02 department shall search for an appropriate placement with an adult family 03 member or a family friend who meets the foster care licensing requirements 04 established by the department. 05 * Sec. 5. AS 47.10.080 is amended by adding new subsections to read: 06 (x) For an order committing the child to the custody of the department for 07 permanent placement under (c)(3) of this section or AS 47.10.088(k), the court shall 08 hold a hearing within 12 months after issuing the order if the department has not found 09 a permanent placement for the child. If the department has not found a permanent 10 placement for the child within two years after the date the court issues an order under 11 (c)(3) of this section, the court shall hold a hearing at least once every six months. At 12 the hearing, the department shall present evidence to establish that it is taking all 13 feasible steps to find a permanent placement for the child. If the court finds that the 14 department is not taking all feasible steps to find a permanent placement for the child, 15 the court shall order the department to take all feasible steps to find a permanent 16 placement for the child. 17 (y) If the department transfers a child from one placement setting to another 18 and it is in the child's best educational interests, the department shall immediately, and 19 in advance of the transfer if possible, coordinate with the school the child is attending 20 to ensure the child is permitted to attend that school through the end of the school term 21 if the child's new placement is in the same municipality and within 20 miles of the 22 school. If federal funds and school district transportation funds are not available to pay 23 for the cost of transportation for the child, the department shall pay the costs of 24 transporting the child to school. The department shall work with the family or agency 25 where the child is placed to arrange for transportation. The department shall consult 26 with the school district regarding the child's best interests, but the school district may 27 not override the department's decision to allow a child to remain in the current school 28 through the end of the school term. 29 * Sec. 6. AS 47.10.093 is amended by adding new subsections to read: 30 (p) The department shall disclose appropriate information to Alaska Native 31 villages or Native organizations if 01 (1) the department has entered into a confidentiality agreement with 02 the Alaska Native village or Native organization under AS 47.14.100(g); 03 (2) the department finds that disclosing the information is in the best 04 interests of the child; and 05 (3) disclosing the information is necessary to protect the child's safety 06 and to help meet the child's potential for a healthy and successful childhood and 07 adulthood. 08 (q) In addition to information disclosed under (p) of this section, if the criteria 09 in (p)(1) and (2) are met, the department shall disclose relevant information to an 10 Alaska Native village or Native organization to assist the Alaska Native village or 11 Native organization in evaluating whether a family should be licensed for foster care 12 or whether placing a child with a family is in the best interests of the child. The 13 department shall disclose to the Alaska Native village or Native organization relevant 14 information regarding the department's 15 (1) denial of a foster care license under AS 47.32 to a family member 16 of a child subject to 25 U.S.C. 1901 - 1963 (Indian Child Welfare Act); or 17 (2) decision not to place a child subject to 25 U.S.C. 1901 - 1963 18 (Indian Child Welfare Act), with a person who has requested placement of the child 19 under AS 47.14.100. 20 * Sec. 7. AS 47.10.142 is amended by adding a new subsection to read: 21 (i) When the department takes emergency custody of a child under this section 22 or a court orders a child committed to the department for temporary placement under 23 this section, the department shall, to the extent feasible and consistent with the best 24 interests of the child, place the child according to the criteria specified under 25 AS 47.14.100(e). 26 * Sec. 8. AS 47.12.310 is amended by adding new subsections to read: 27 (l) The department shall release appropriate information to Alaska Native 28 villages or Native organizations if 29 (1) the department has entered into a confidentiality agreement with 30 the Alaska Native village or Native organization under AS 47.14.100(g); 31 (2) the department finds that disclosing the information is in the best 01 interests of the child; and 02 (3) disclosing the information is necessary to protect the child's safety 03 and to help meet the child's potential for a healthy and successful childhood and 04 adulthood. 05 (m) In addition to information disclosed under (l) of this section, if the criteria 06 in (l)(1) and (2) are met, the department shall disclose relevant information to an 07 Alaska Native village or Native organization to assist the Alaska Native village or 08 Native organization in evaluating whether a family should be licensed for foster care 09 or whether placing a child with a family is in the best interests of the child. The 10 department shall disclose to the Alaska Native village or Native organization relevant 11 information regarding the department's 12 (1) denial of a foster care license under AS 47.32 to a family member 13 of a child subject to 25 U.S.C. 1901 - 1963 (Indian Child Welfare Act); or 14 (2) decision not to place a child subject to 25 U.S.C. 1901 - 1963 15 (Indian Child Welfare Act), with a person who has requested placement of the child 16 under AS 47.14.100. 17 * Sec. 9. AS 47.14.100(a) is amended to read: 18 (a) Subject to (e), (f), and (i) - (m) of this section, the department shall arrange 19 for the care of every child committed to its custody by placing the child in a foster 20 home or in the care of an agency or institution providing care for children inside or 21 outside the state. The department may place a child in a suitable family home, with or 22 without compensation, and may place a child released to it, in writing verified by the 23 parent, or guardian or other person having legal custody, for adoptive purposes, in a 24 home for adoption in accordance with existing law. For a child 16 years of age or 25 older, the department may authorize another transitional living arrangement, 26 including student dormitory residence at a postsecondary educational institution, 27 that adequately meets the child's needs and is designed to assist the child's 28 transition to independent living. 29 * Sec. 10. AS 47.14.100(b) is amended to read: 30 (b) The department may pay the costs of maintenance that are necessary to 31 ensure [ASSURE] adequate care of the child, and may accept funds from the federal 01 government that are granted to assist in carrying out the purposes of this chapter, or 02 that are paid under contract entered into with a federal department or agency. For a 03 child 16 years of age or older whom the department authorizes to live in a 04 student dormitory residence at a postsecondary educational institution or other 05 transitional living arrangement, the department shall pay the costs of 06 maintenance, including food, lodging, and other necessities of life, to the child. A 07 child under the care of the department may not be placed in a family home, [OR] 08 institution, or other transitional living arrangement that does not maintain adequate 09 standards of care. 10 * Sec. 11. AS 47.14.100(n) is amended to read: 11 (n) Except as provided in (o) and (p) of this section, the department shall 12 continue to search for a suitable adoptive or permanent legal guardianship for a child 13 or person who is in the custody of the state and who is under 21 [18] years of age. 14 * Sec. 12. AS 47.14.100(p) is amended to read: 15 (p) The department may release from state custody a child or person who has 16 been committed to the custody of the department, before the custody is ordered to end, 17 only if 18 (1) the child or person, if the child or person is over 16 years of age 19 and available, and the guardian ad litem are notified not less than 30 days before a 20 motion for release is filed unless the parties agree to a shorter notice period; 21 (2) the department files a motion with the court for release of state 22 custody that describes the reasons the release is in the best interest of the child or 23 person; [AND] 24 (3) a court makes a written finding that release from state custody is in 25 the best interest of the child or person; and 26 (4) the person, if the person is over 18 years of age, consents to 27 release from state custody and a court makes written findings that the person 28 received notice of: 29 (A) the hearing under this section; 30 (B) the date when custody is ordered to end; and 31 (C) the person's right to petition for an extension of state 01 custody not extending beyond the person's 21st birthday under 02 AS 47.10.080(c). 03 * Sec. 13. AS 47.18.320(a) is amended to read: 04 (a) Subject to the availability of an appropriation made for the purposes of 05 AS 47.18.300 - 47.18.390, the program may provide 06 (1) education and vocational training; 07 (2) assistance in obtaining [BASIC] education and training that are 08 consistent with the individual's work and educational potential; 09 (3) career and employment services; 10 (4) training in basic life skills; 11 (5) housing and utility assistance; 12 (6) mentoring and counseling; and 13 (7) other appropriate services to complement the efforts of former state 14 foster care recipients to achieve self-sufficiency. 15 * Sec. 14. AS 47.18.320 is amended by adding a new subsection to read: 16 (c) If appropriations to meet the purposes of this section are insufficient, the 17 department shall submit a written report to the legislature advising the legislature of 18 (1) the extent of the insufficiency; 19 (2) the department's efforts to use existing funds efficiently; and 20 (3) the opportunities and services the department cannot provide under 21 the existing appropriation level. 22 * Sec. 15. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 INDIRECT COURT RULE AMENDMENTS. (a) AS 47.10.080(l), as amended by 25 sec. 3 of this Act, has the effect of amending Rule 17.2, Alaska Child in Need of Aid Rules of 26 Procedure, relating to permanency hearings, by adding requirements for the court to hold 27 hearings and make specific findings relating to the efforts of the Department of Health and 28 Social Services to find a permanent placement for a child. 29 (b) AS 47.10.080(f), as amended by sec. 2 of this Act, and AS 47.10.080(x), added by 30 sec. 5 of this Act, have the effect of amending Rule 18, Alaska Child in Need of Aid Rules of 31 Procedure, relating to termination of parental rights proceedings, by adding requirements for 01 the court to hold hearings and make specific findings regarding the efforts of the Department 02 of Health and Social Services to find a permanent placement for a child. 03 * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 CONDITIONAL EFFECT. AS 47.10.080(f) and (l), as amended by secs. 2 and 3 of 06 this Act, and AS 47.10.080(x), added by sec. 5 of this Act, take effect only if sec. 15 of this 07 Act receives the two-thirds vote of each house required by art. IV, sec. 15, Constitution of the 08 State of Alaska.