SB 317: "An Act directing the Department of Health and Social Services to establish child protection teams to review cases of child abuse and neglect; and amending Alaska Rule of Civil Procedure 26(d)."

00SENATE BILL NO. 317 01 "An Act directing the Department of Health and Social Services to establish child 02 protection teams to review cases of child abuse and neglect; and amending Alaska 03 Rule of Civil Procedure 26(d)." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 47.17 is amended by adding a new section to read: 06  Sec. 47.17.035. REVIEW OF CASES BY CHILD PROTECTION TEAMS. 07 (a) In each area served by a regional field office of the department that receives 08 reports of harm under AS 47.17.020, the department shall establish one or more child 09 protection teams consisting of professional persons with experience and training in 10 matters relating to child abuse and neglect such as 11  (1) local and state law enforcement personnel; 12  (2) youth corrections officers; 13  (3) social services providers; 14  (4) school personnel whose duties include a daily direct working

01 relationship with students; 02  (5) local health department personnel; and 03  (6) psychiatrists, counselors, social workers, nurses, and physicians. 04  (b) Each team shall select from among themselves a chair to preside over 05 meetings of the team. 06  (c) Within 30 days after the department's field office receives a report of harm 07 under AS 47.17.020 from a person in an area for which a team has been established 08 under (a) of this section, the office shall provide the team with an oral report of the 09 case. The report must include a description of the diagnostic, assessment, and 10 treatment services being offered to the child's family. 11  (d) A team member may submit to the team information about cases of child 12 abuse or neglect. 13  (e) After receiving a report under (c) or (d) of this section, the team shall 14 review the report and shall serve in an advisory and consultative role with the 15 department as to case planning, case management, identification of needs relating to 16 child abuse and neglect, and guidance concerning resources, solutions, and protections 17 available for preventing and treating child abuse and neglect. 18  (f) The meetings of a team under this section are restricted to team members, 19 and the team's proceedings, records, and recommendations are confidential, not subject 20 to discovery, and may not be introduced as evidence in any administrative or judicial 21 proceeding. However, material that is otherwise discoverable or admissible as 22 evidence when obtained from another source is not made undiscoverable or 23 inadmissible merely because it was included in a meeting or communication of a team. 24  (g) Team members who are not state employees are not entitled to 25 compensation from the state and are not entitled to travel expenses or per diem for 26 their time spent on team matters. 27  (h) In this section, "team" means a child protection team established under (a) 28 of this section. 29 * Sec. 2. AS 47.17.040(b) is amended to read: 30  (b) Investigation reports and reports of harm filed under this chapter are 31 considered confidential and are not subject to public inspection and copying under

01 AS 09.25.110 and 09.25.120. However, in accordance with department regulations, 02 investigation reports may be used by appropriate governmental agencies with 03 child-protection functions, inside and outside the state, in connection with 04 investigations or judicial proceedings involving child abuse, neglect, or custody. 05 Investigation reports may also be used by child protection teams under 06 AS 47.17.035. A person, not acting in accordance with department regulations, who 07 with criminal negligence makes public information contained in confidential reports 08 is guilty of a class B misdemeanor. 09 * Sec. 3. COURT RULE CHANGE. AS 47.17.035(f), enacted by sec. 1 of this Act, has 10 the effect of amending Civil Rule 26 by making certain material not obtainable through 11 discovery even though it may be relevant.