00CS FOR HOUSE BILL NO. 214(JUD)                                                                                          
01 "An Act allowing the parent or legal guardian of a minor to disclose information                                        
02 about the minor to certain state officials and state employees; prohibiting further                                     
03 disclosure of the information to unauthorized persons; amending Alaska Child in                                         
04 Need of Aid Rule 22; and providing for an effective date."                                                              
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1.  AS 47.10.090(a) is amended to read:                                                                    
07  (a)  The court shall make and keep records of all cases brought before it. The                                        
08 court's official records may be inspected only with the court's permission and only by                                  
09 persons having a legitimate interest in them.  Except as provided in AS 47.10.092,                                     
10 all [ALL] information and social records pertaining to a minor and prepared by an                                      
11 employee of the court or by a federal, state, or city agency in the discharge of the                                  
12 employee's or agency's official duty, including driver's license action under                                           
13 AS 28.15.185, are privileged and may not be disclosed directly or indirectly to anyone                                  
14 without the court's permission.  However, a state or city law-enforcement agency shall                                  

01 disclose information regarding a case that [WHICH] is needed by the person or                                         
02 agency charged with making a preliminary investigation for the information of the                                       
03 court.  The court shall forward a record of adjudication of a violation of an offense                                   
04 listed in AS 28.15.185(a) to the Department of Public Safety [,] if the court imposes                                   
05 a license revocation under AS 28.15.185.  Within 30 days of the date of a minor's 18th                                  
06 birthday or, if the court retains jurisdiction of a minor past the minor's 18th birthday,                               
07 within 30 days of the date on which the court relinquishes jurisdiction over the minor,                                 
08 the court shall order sealed all the court's official records, information, and social                                
09 records pertaining to that minor, as well as records of all driver's license proceedings                                
10 under AS 28.15.185, criminal proceedings against the minor, and punishments assessed                                  
11 against the minor except for traffic offenses.  A person may not use these sealed                                       
12 records for any purpose except that the court may order their use for good cause                                        
13 shown or may order their use by an officer of the court in making a presentencing                                       
14 report for the court.                                                                                                   
15    * Sec. 2.  AS 47.10 is amended by adding a new section to read:                                                      
16  Sec. 47.10.092.  PARENTAL RIGHT TO DISCLOSE INFORMATION.  (a)                                                         
17 Notwithstanding AS 47.10.090, a parent or legal guardian of a minor subject to a                                        
18 proceeding under AS 47.10.010 - 47.10.142 may disclose confidential or privileged                                       
19 information about the minor, including information that has been lawfully obtained                                      
20 from agency or court files, to the governor, the lieutenant governor, a legislator, the                                 
21 ombudsman appointed under AS 24.55, the attorney general, and the commissioners                                         
22 of health and social services, administration, or public safety, or an employee of these                                
23 persons, for review or use in their official capacities.  A person to whom disclosure                                   
24 is made under this section may not disclose confidential or privileged information                                      
25 about the minor to a person not authorized to receive it.                                                               
26  (b)  The disclosure right under (a) of this section is in addition to, and not in                                     
27 derogation of, the rights of a parent or legal guardian of a minor.                                                     
28  (c)  A person who violates a provision of this section is guilty of a                                                 
29 misdemeanor, and upon conviction is punishable by a fine of not more than $500 or                                       
30 by imprisonment for not more than one year, or by both.                                                                 
31    * Sec. 3.  COURT RULE CHANGE.  AS 47.10.092, added by sec. 2 of this Act, amends                                     

01 Alaska Child in Need of Aid Rule 22, by providing an exception to the confidentiality of                                
02 information pertaining to a minor who is the subject of Child In Need of Aid proceedings.                               
03   * Sec. 4.  This Act takes effect immediately under AS 01.10.070(c).