00                             SENATE BILL NO. 88                                                                          
01 "An Act relating to placement of a child in need of aid; relating to adoption; relating to                              
02 variances for foster care licenses; relating to the medical records of children in foster                               
03 care; and providing for an effective date."                                                                             
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 47.10.080(s) is amended to read:                                                                   
06 (s)  The department may transfer a child, in the child's best interests, from one                                       
07 placement setting to another, and the child, the child's parents or guardian, the child's                               
08 foster parents or out-of-home caregiver, the child's guardian ad litem, the child's                                     
09 attorney, and the child's tribe are entitled to advance notice of a nonemergency                                        
10 transfer. A party or child's foster parent who is opposed to the proposed transfer may                              
11 request a hearing and must prove by clear and convincing evidence that the transfer                                     
12 would be contrary to the best interests of the child for the court to deny the transfer. A                          
13 foster parent may obtain, at the foster parent's cost, a medical or psychological                                   
14 evaluation of the child for the purpose of providing evidence at the hearing. A                                     
01 foster parent who requests a hearing to oppose a proposed transfer under this                                       
02 subsection does not become a party to the case. A foster parent or out-of-home                                      
03 caregiver who requests a nonemergency change in placement of the child shall provide                                    
04 the department with reasonable advance notice of the requested change. When the                                         
05 department transfers a child from one out-of-home placement to another, the                                             
06 department shall search as provided under AS 47.10.145 for an appropriate                                           
07 placement with an adult family member or a family friend who meets the foster care                                      
08 licensing requirements established by the department. A supervisor at the department                                    
09 shall certify in writing in the case file whether the department has searched for an                                    
10 appropriate placement with an adult family member or family friend. If the department                                   
11 has not complied with the search requirements under this subsection, the supervisor                                     
12 shall work to ensure that the department completes the search in the shortest time                                      
13       feasible.                                                                                                         
14    * Sec. 2. AS 47.10.084(d) is amended to read:                                                                      
15 (d)  When the child is placed in foster care, the foster parent has the right and                                       
16 responsibility to use a reasonable and prudent parent standard to make decisions                                        
17 relating to the child. The foster parent may make decisions under (a) or (b) of this                                    
18 section that include decisions relating to the child's participation in age-appropriate or                              
19 developmentally appropriate activities, including travel, sports, field trips, overnight                                
20 activities, and extracurricular, enrichment, cultural, and social activities. A health                              
21 care provider subject to the provisions of the Health Insurance Portability and                                     
22 Accountability Act of 1996 (P.L. 104-191) who provides services to a child in                                       
23 foster care shall provide the medical records of the child to the child's foster                                    
24 parent upon the request of the foster parent. The department shall provide foster                                   
25 parents with training regarding the reasonable and prudent parent standard. In this                                     
26 subsection, "reasonable and prudent parent standard" means a standard characterized                                     
27 by careful and sensible decisions to maintain the health, safety, and best interests of                                 
28       the child while encouraging the emotional and developmental growth of the child.                                  
29    * Sec. 3. AS 47.10.088(i) is amended to read:                                                                      
30 (i)  The department shall concurrently identify, recruit, process, and approve a                                        
31 qualified person or family for an adoption whenever a petition to terminate a parent's                                  
01 rights to a child is filed. Before identifying a placement of the child in an adoptive                                  
02 home, the department shall [ATTEMPT TO] locate any [ALL] living adult family                                        
03 members of the child through a diligent search for adult family members as                                          
04 described in AS 47.10.145 and, if an adult family member expresses an interest in                                   
05 adopting the child, investigate the adult family member's ability to care for the child.                                
06 The department shall provide to all adult family members of the child located by the                                    
07 department written notice of the adult family members' rights under this chapter and of                                 
08 the procedures necessary to gain custody of the child, but the department's obligation                                  
09 to provide written notice under this subsection does not apply to a parent of the child                                 
10 whose parental rights are being or have been terminated or to an adult family member                                    
11 who is known by the department to be ineligible for a foster care license under                                         
12 AS 47.32 and regulations adopted under AS 47.32. If an adult family member of the                                       
13 child requests that the department approve the adult family member for an adoption,                                     
14 the department shall approve the request if it is in the best interests of the child. In                            
15 determining the best interests of the child under this subsection, the department                                   
16 shall consider the child's physical and psychological well-being. In determining                                    
17 the best interests of a child under six years of age, the department shall consider                                 
18 whether the child has resided for at least 12 consecutive months with a foster                                      
19 family seeking adoption and whether an adult family member seeking adoption                                         
20 has previously demonstrated an intent or desire to be considered for placement                                      
21 for the child [UNLESS THERE IS GOOD CAUSE NOT TO APPROVE THE                                                        
22 ADOPTION]. If the court issues an order to terminate under (j) of this section, the                                     
23 department shall report within 30 days on the efforts being made to recruit a                                           
24 permanent placement for the child if a permanent placement was not approved at the                                      
25 time of the trial under (j) of this section. The report must document recruitment efforts                               
26       made for the child.                                                                                               
27    * Sec. 4. AS 47.10.142(i) is amended to read:                                                                      
28 (i)  When the department takes emergency custody of a child under this section                                          
29 or a court orders a child committed to the department for temporary placement under                                     
30 this section, the department shall, to the extent feasible and consistent with the best                                 
31 interests of the child, place the child according to the criteria specified under                                       
01 AS 47.14.100(e). A supervisor at the department shall certify in writing in the case file                               
02 whether the department has conducted a diligent search as described in                                              
03 AS 47.10.145 [SEARCHED] for an appropriate placement with an adult family                                           
04 member or family friend. If the department has not complied with the search                                             
05 requirements under this subsection, the supervisor shall work to ensure that the                                        
06 department completes the search in the shortest time feasible if it is consistent with the                              
07       best interests of the child.                                                                                      
08    * Sec. 5. AS 47.10 is amended by adding a new section to read:                                                     
09 Sec. 47.10.145. Diligent search. (a) Within 30 days after removing a child                                            
10 from a parent's home under AS 47.14.100(e), taking emergency custody of a child,                                        
11 receiving a court order committing a child to the department for temporary placement                                    
12 under AS 47.10.142, or transferring a child from one placement setting to another                                       
13 under AS 47.10.080(s), the department shall conduct a diligent search for an adult                                      
14 family member or family friend of the child suitable for placement. In conducting the                                   
15       diligent search, the department shall                                                                             
16                 (1)  interview                                                                                          
17 (A)  the child's parent during the course of an investigation                                                           
18 while department services are provided and the child is in the care of the                                              
19            department;                                                                                                  
20                      (B)  the child;                                                                                    
21                      (C)  relatives of the child identified during the case; and                                        
22 (D)  any other person who is likely to have information about                                                           
23            the identity or location of adult family members or family friends;                                          
24 (2)  conduct comprehensive searches of databases and other resources                                                    
25 available to the department likely to identify and locate adult family members or                                       
26       family friends; and                                                                                               
27 (3)  conduct any other reasonable investigation that is likely to identify                                              
28       adult family members or family friends who are appropriate for placement.                                         
29 (b)  The department shall provide all adult family members of the child                                                 
30 identified in the diligent search, subject to exceptions for family with domestic                                       
31       violence or other safety concerns as determined by the department, a notice                                       
01                 (1)  stating the child has been or is being removed from parental                                       
02       custody;                                                                                                          
03                 (2)  explaining the options that the family member has to participate in                                
04       the care and placement of the child and the results of failing to respond to the notice;                          
05                 (3)  describing the process for becoming a licensed foster home and the                                 
06       additional services and supports available for children placed in approved foster                                 
07       homes; and                                                                                                        
08                 (4)  describing any financial assistance for which a family member may                                  
09       be eligible upon obtaining custody of the child.                                                                  
10 (c)  The department shall report to the court in writing regarding the actions                                          
11 taken by the department under (a)(1) - (3) of this section at any scheduled disposition,                                
12       case review, or permanency hearing or as otherwise required by the court.                                         
13 (d)  The department shall continue to diligently search for adult family                                                
14 members or family friends suitable for placement of the child until the court orders                                    
15 that the department is excused from conducting a diligent search or the department                                      
16 finalizes the permanent placement of the child. The court may excuse the department                                     
17 from considering an adult family member for placement of a child if the adult family                                    
18 member does not demonstrate an interest in and willingness to be considered for                                         
19 placement of the child within 90 days from the date of receiving the required notice                                    
20       under (b) of this section.                                                                                        
21    * Sec. 6. AS 47.14.100(e) is amended to read:                                                                      
22 (e)  When a child is removed from a parent's home, the department shall search                                          
23 for an appropriate placement as provided under AS 47.10.145 [WITH AN ADULT                                          
24 FAMILY MEMBER OR FAMILY FRIEND. A SUPERVISOR AT THE                                                                     
25 DEPARTMENT SHALL CERTIFY IN WRITING IN THE CASE FILE WHETHER                                                            
26 THE DEPARTMENT HAS SEARCHED FOR AN APPROPRIATE PLACEMENT                                                                
27 WITH AN ADULT FAMILY MEMBER OR FAMILY FRIEND]. If the department                                                        
28 has not complied with the search requirements [UNDER THIS SUBSECTION], the                                              
29 supervisor shall work to ensure that the department completes the search in the                                         
30 shortest time feasible. The department shall place the child, in the absence of clear and                               
31       convincing evidence of good cause to the contrary,                                                                
01                 (1)  in the least restrictive setting that most closely approximates a                                  
02       family and that meets the child's special needs, if any;                                                          
03                 (2)  within reasonable proximity to the child's home, taking into                                       
04       account any special needs of the child and the preferences of the child or parent;                                
05                 (3)  with, in the following order of preference,                                                        
06                      (A)  an adult family member, or, if the child is under six years                               
07            of age and it is in the best interests of the child, a licensed foster home that                         
08            has provided at least 12 consecutive months of care to the child;                                        
09                      (B)  a family friend who meets the foster care licensing                                           
10            requirements established by the department;                                                                  
11 (C)  a licensed foster home that is not an adult family member                                                          
12            or family friend;                                                                                            
13 (D)  an institution for children that has a program suitable to                                                         
14            meet the child's needs.                                                                                      
15    * Sec. 7. AS 47.14.100(m) is amended to read:                                                                      
16 (m)  Prima facie evidence of good cause not to place a child with an adult                                              
17 family member or family friend under AS 47.10.088(i) or under (e) of this section                                       
18 includes the failure to meet the requirements for a foster care license under AS 47.32                                  
19 and regulations adopted under AS 47.32, taking into account a waiver, variance, or                                      
20 exemption allowed under AS 47.32.030(a)(3) and 47.32.032. Prima facie evidence of                                       
21 good cause not to place a child, or that it is not in the best interests of a child to                              
22 place the child, with an adult family member or adult family friend does not include                                
23 poverty or inadequate or crowded housing. If the department denies a request for                                        
24 placement with an adult family member or a family friend, the department shall                                          
25 inform the adult family member or family friend of the basis for the denial and the                                     
26 right to request a hearing to review the decision. A non-party [ADULT FAMILY                                            
27 MEMBER OR FAMILY FRIEND] requesting a review hearing under                                                              
28 AS 47.10.080(s), 47.10.088(i), [AS 47.10.088(i)] or [UNDER] (e) of this section is not                              
29       eligible for publicly appointed legal counsel.                                                                    
30    * Sec. 8. AS 47.32.032 is amended by adding new subsections to read:                                               
31 (d)  The department shall assist an adult family member or family friend in                                             
01       gathering the information necessary to submit a request for a variance under this                                 
02       section.                                                                                                          
03            (e)  In this section, "department" means the Department of Family and                                        
04       Community Services.                                                                                               
05    * Sec. 9. This Act takes effect January 1, 2026.