00                       CS FOR SENATE BILL NO. 88(HSS)                                                                    
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 with whom the child has resided for at                                   
11 least 18 months who is opposed to the proposed transfer may request a hearing and                                   
12 must prove by clear and convincing evidence that the transfer would be contrary to the                                  
13 best interests of the child for the court to deny the transfer. A foster parent may                                 
14 obtain, at the foster parent's cost, a medical or psychological evaluation of the                                   
01 child for the purpose of providing evidence at the hearing. A foster parent who                                     
02 requests a hearing to oppose a proposed transfer under this subsection does not                                     
03 become a party to the case. A foster parent or out-of-home caregiver who requests a                                 
04 nonemergency change in placement of the child shall provide the department with                                         
05 reasonable advance notice of the requested change. When the department transfers a                                      
06 child from one out-of-home placement to another, the department shall search as                                     
07 provided under AS 47.10.145 for an appropriate placement with an adult family                                       
08 member or a family friend who meets the foster care licensing requirements                                              
09 established by the department. A supervisor at the department shall certify in writing                                  
10 in the case file whether the department has searched for an appropriate placement with                                  
11 an adult family member or family friend. If the department has not complied with the                                    
12 search requirements under this subsection, the supervisor shall work to ensure that the                                 
13       department completes the search in the shortest time 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 a                                     
13 [THE] child six years of age or older requests that the department approve the adult                                
14 family member for an adoption, the department shall approve the request unless there                                    
15 is good cause not to approve the adoption. If an adult family member of a child                                     
16 under six years of age requests that the department approve the adult family                                        
17 member for an adoption, the department shall approve the request unless the                                         
18 child has resided with a foster family seeking adoption for at least 24 months and                                  
19 there is clear and convincing evidence that continued placement with the foster                                     
20 family is in the best interests of the child. If the court issues an order to terminate                             
21 under (j) of this section, the department shall report within 30 days on the efforts being                              
22 made to recruit a permanent placement for the child if a permanent placement was not                                    
23 approved at the time of the trial under (j) of this section. The report must document                                   
24       recruitment efforts made for the child.                                                                           
25    * Sec. 4. AS 47.10.142(i) is amended to read:                                                                      
26 (i)  When the department takes emergency custody of a child under this section                                          
27 or a court orders a child committed to the department for temporary placement under                                     
28 this section, the department shall, to the extent feasible and consistent with the best                                 
29 interests of the child, place the child according to the criteria specified under                                       
30 AS 47.14.100(e). A supervisor at the department shall certify in writing in the case file                               
31 whether the department has conducted a diligent search as described in                                              
01 AS 47.10.145 [SEARCHED] for an appropriate placement with an adult family                                           
02 member or family friend. If the department has not complied with the search                                             
03 requirements under this subsection, the supervisor shall work to ensure that the                                        
04 department completes the search in the shortest time feasible if it is consistent with the                              
05       best interests of the child.                                                                                      
06    * Sec. 5. AS 47.10 is amended by adding a new section to read:                                                     
07 Sec. 47.10.145. Diligent search. (a) Within 30 days after removing a child                                            
08 from a parent's home under AS 47.14.100(e), taking emergency custody of a child,                                        
09 receiving a court order committing a child to the department for temporary placement                                    
10 under AS 47.10.142, or transferring a child from one placement setting to another                                       
11 under AS 47.10.080(s), the department shall conduct a diligent search for an adult                                      
12 family member or family friend of the child suitable for placement. In conducting the                                   
13       diligent search, the department shall                                                                             
14                 (1)  interview                                                                                          
15 (A)  the child's parent during the course of an investigation                                                           
16 while department services are provided and the child is in the care of the                                              
17            department;                                                                                                  
18                      (B)  the child;                                                                                    
19                      (C)  relatives of the child identified during the case; and                                        
20 (D)  any other person who is likely to have information about                                                           
21            the identity or location of adult family members or family friends;                                          
22 (2)  conduct comprehensive searches of databases and other resources                                                    
23 available to the department likely to identify and locate adult family members or                                       
24       family friends; and                                                                                               
25 (3)  conduct any other reasonable investigation that is likely to identify                                              
26       adult family members or family friends who are appropriate for placement.                                         
27 (b)  The department shall provide all adult family members of the child                                                 
28 identified in the diligent search, subject to exceptions for family with domestic                                       
29       violence or other safety concerns as determined by the department, a notice                                       
30 (1)  stating the child has been or is being removed from parental                                                       
31       custody;                                                                                                          
01                 (2)  explaining the options that the family member has to participate in                                
02       the care and placement of the child and the results of failing to respond to the notice;                          
03                 (3)  describing the process for becoming a licensed foster home and the                                 
04       additional services and supports available for children placed in approved foster                                 
05       homes; and                                                                                                        
06                 (4)  describing any financial assistance for which a family member may                                  
07       be eligible upon obtaining custody of the child.                                                                  
08            (c)  The department shall report to the court in writing regarding the actions                               
09       taken by the department under (a)(1) - (3) of this section at any scheduled disposition,                          
10       case review, or permanency hearing or as otherwise required by the court.                                         
11 (d)  The department shall continue to diligently search for adult family                                                
12 members or family friends suitable for placement of the child until the court orders                                    
13 that the department is excused from conducting a diligent search or the department                                      
14 finalizes the permanent placement of the child. The court may excuse the department                                     
15 from considering an adult family member for placement of a child if the adult family                                    
16 member does not demonstrate an interest in and willingness to be considered for                                         
17 placement of the child within 90 days from the date of receiving the required notice                                    
18       under (b) of this section.                                                                                        
19    * Sec. 6. AS 47.14.100(e) is amended to read:                                                                      
20 (e)  When a child is removed from a parent's home, the department shall search                                          
21 for an appropriate placement as provided under AS 47.10.145 [WITH AN ADULT                                          
22 FAMILY MEMBER OR FAMILY FRIEND. A SUPERVISOR AT THE                                                                     
23 DEPARTMENT SHALL CERTIFY IN WRITING IN THE CASE FILE WHETHER                                                            
24 THE DEPARTMENT HAS SEARCHED FOR AN APPROPRIATE PLACEMENT                                                                
25 WITH AN ADULT FAMILY MEMBER OR FAMILY FRIEND]. If the department                                                        
26 has not complied with the search requirements [UNDER THIS SUBSECTION], the                                              
27 supervisor shall work to ensure that the department completes the search in the                                         
28 shortest time feasible. The department shall place the child, in the absence of clear and                               
29       convincing evidence of good cause to the contrary,                                                                
30 (1)  in the least restrictive setting that most closely approximates a                                                  
31       family and that meets the child's special needs, if any;                                                          
01                 (2)  within reasonable proximity to the child's home, taking into                                       
02       account any special needs of the child and the preferences of the child or parent;                                
03                 (3)  with, in the following order of preference,                                                        
04 (A)  an adult family member, or, if the child is under six years                                                    
05 of age and the department finds by clear and convincing evidence that it is                                         
06 in the best interests of the child, a licensed foster home that has provided                                        
07            at least 24 consecutive months of care to the child;                                                     
08                      (B)  a family friend who meets the foster care licensing                                           
09            requirements established by the department;                                                                  
10 (C)  a licensed foster home that is not an adult family member                                                          
11            or family friend;                                                                                            
12 (D)  an institution for children that has a program suitable to                                                         
13            meet the child's needs.                                                                                      
14    * Sec. 7. AS 47.14.100(m) is amended to read:                                                                      
15 (m)  Prima facie evidence of good cause not to place a child with an adult                                              
16 family member or family friend under AS 47.10.088(i) or under (e) of this section                                       
17 includes the failure to meet the requirements for a foster care license under AS 47.32                                  
18 and regulations adopted under AS 47.32, taking into account a waiver, variance, or                                      
19 exemption allowed under AS 47.32.030(a)(3) and 47.32.032. Prima facie evidence of                                       
20 good cause not to place a child, or that it is not in the best interests of a child to                              
21 place the child, with an adult family member or adult family friend does not include                                
22 poverty or inadequate or crowded housing. If the department denies a request for                                        
23 placement with an adult family member or a family friend, the department shall                                          
24 inform the adult family member or family friend of the basis for the denial and the                                     
25 right to request a hearing to review the decision. A non-party [ADULT FAMILY                                            
26 MEMBER OR FAMILY FRIEND] requesting a review hearing under                                                              
27 AS 47.10.080(s), 47.10.088(i), [AS 47.10.088(i)] or [UNDER] (e) of this section is not                              
28       eligible for publicly appointed legal counsel.                                                                    
29    * Sec. 8. AS 47.32.032 is amended by adding new subsections to read:                                               
30 (d)  The department shall assist an adult family member or family friend in                                             
31 gathering the information necessary to submit a request for a variance under this                                       
01       section.                                                                                                          
02            (e)  In this section, "department" means the Department of Family and                                        
03       Community Services.                                                                                               
04    * Sec. 9. This Act takes effect January 1, 2026.