CSSSHB 387(JUD): "An Act relating to children in need of aid and delinquent minors and to offenses committed by minors, and to institutions, facilities, and programs relating to minors; authorizing municipalities to establish curfews for minors by ordinance; and relating to enforcement of the compulsory school attendance law; and amending Rule 23(d), Alaska Delinquency Rules."
00CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 387(JUD) 01 "An Act relating to children in need of aid and delinquent minors and to 02 offenses committed by minors, and to institutions, facilities, and programs 03 relating to minors; authorizing municipalities to establish curfews for minors by 04 ordinance; and relating to enforcement of the compulsory school attendance law; 05 and amending Rule 23(d), Alaska Delinquency Rules." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 10.06.961(a) is amended to read: 08 (a) Notwithstanding AS 13.46.085 or the appointment of a guardian of the 09 property of the minor under AS 47.10.010(c), when a minor who is in the custody of 10 this state under AS 47.10 or AS 47.12 [AS 47.10.010(a)(2)] or of another state under 11 a provision similar to AS 47.10 or AS 47.12 [AS 47.10.010(a)(2)] becomes entitled 12 to receive dividends or other distributions resulting from the ownership of stock or a 13 membership in a corporation organized under this chapter and under 43 U.S.C. 1601 - 14 1641 (Alaska Native Claims Settlement Act), the corporation paying the dividends or
01 making the other distributions shall retain the dividends and other distributions in an 02 interest bearing account for the benefit of the minor during the state custody. 03 * Sec. 2. AS 12.62.900(11) is amended to read: 04 (11) "criminal justice information" means any of the following, other 05 than a court record, a record of traffic offenses maintained for the purpose of 06 regulating drivers' licenses, or a record of a juvenile subject to the jurisdiction of a 07 [THE JUVENILE] court under AS 47.12 [AS 47.10]: 08 (A) criminal history record information; 09 (B) nonconviction information; 10 (C) correctional treatment information; 11 (D) information relating to a person to be located, whether or 12 not that person is wanted in connection with the commission of a crime; 13 * Sec. 3. AS 14.30.030 is repealed and reenacted to read: 14 Sec. 14.30.030. PREVENTION AND REDUCTION OF TRUANCY. The 15 governing body of a school district, including a regional educational attendance area, 16 shall establish procedures to prevent and reduce truancy. 17 * Sec. 4. AS 22.07.020(a) is amended to read: 18 (a) The court of appeals has appellate jurisdiction in actions and proceedings 19 commenced in the superior court involving: 20 (1) criminal prosecution; 21 (2) post-conviction relief; 22 (3) [CHILDREN'S COURT] matters under AS 47.12 23 [AS 47.10.010(a)(1)], including waiver of [CHILDREN'S COURT] jurisdiction over 24 a minor under AS 47.12.100 [AS 47.10]; 25 (4) extradition; 26 (5) habeas corpus; 27 (6) probation and parole; and 28 (7) bail. 29 * Sec. 5. AS 22.15.100 is amended to read: 30 Sec. 22.15.100. FUNCTIONS AND POWERS OF DISTRICT JUDGE AND 31 MAGISTRATE. Each district judge and magistrate has the power
01 (1) to issue writs of habeas corpus for the purpose of inquiring into the 02 cause of restraint of liberty, returnable before a judge of the superior court, and the 03 same proceedings shall be had on the writ as if it had been granted by the superior 04 court judge under the laws of the state in such cases; 05 (2) of a notary public; 06 (3) to issue marriage licenses and to solemnize marriages; 07 (4) to issue warrants of arrest, summons, and search warrants according 08 to manner and procedure prescribed by law and the supreme court; 09 (5) to act as an examining judge or magistrate in preliminary 10 examinations in criminal proceedings; to set, receive, and forfeit bail and to order the 11 release of defendants under bail; 12 (6) to act as a referee in matters and actions referred to the judge or 13 magistrate by the superior court, with all powers conferred upon referees by laws; 14 (7) of the superior court in all respects including but not limited to 15 contempts, attendance of witnesses, and bench warrants; 16 (8) to order the temporary detention of a minor, or take other action 17 authorized by law or rules of procedure, in cases arising under AS 47.10.010 - 18 47.10.142 or AS 47.12 [AS 47.10], when the minor is in a condition or surrounding 19 dangerous or injurious to the welfare of the minor or others that requires immediate 20 action; the action may be continued in effect until reviewed by the superior court in 21 accordance with rules of procedure governing these cases; 22 (9) to issue a temporary order for injunctive relief in cases involving 23 domestic violence as provided in AS 25.35.010 and 25.35.020; 24 (10) to review an administrative revocation of a person's driver's license 25 or nonresident privilege to drive, and an administrative refusal to issue an original 26 license, when designated as a hearing officer by the commissioner of public safety and 27 with the consent of the administrative director of the state court system. 28 * Sec. 6. AS 25.27.125(b) is amended to read: 29 (b) The annual estimated balance in the account maintained by the 30 commissioner of administration under AS 37.05.142 may be used by the legislature to 31 make appropriations to the Department of Health and Social Services to carry out the
01 purposes of AS 47.14.100 - 47.14.130 [AS 47.10.230 - 47.10.260] and AS 47.25.310 - 02 47.25.420. 03 * Sec. 7. AS 29.35 is amended by adding a new section to read: 04 Sec. 29.35.085. CURFEW. A municipality may, by ordinance, provide for a 05 curfew for persons under 18 years of age for whom the disabilities of minority have 06 not been removed for general purposes under AS 09.55.590 and who have not arrived 07 at the age of majority under AS 25.20.020. 08 * Sec. 8. AS 36.30.850(b)(11) is amended to read: 09 (11) agreements with providers of services under AS 44.47.250; 10 AS 47.07; AS 47.08; AS 47.10; AS 47.12; AS 47.14; AS 47.17; AS 47.24; 11 AS 47.25.195, and 47.25.310; 12 * Sec. 9. AS 43.23.065(b) is amended to read: 13 (b) An exemption is not available under this section for permanent fund 14 dividends taken to satisfy 15 (1) child support obligations required by court order or decision of the 16 child support enforcement agency under AS 25.27.140 - 25.27.220; 17 (2) court ordered restitution under AS 12.55.045 - 12.55.051, 12.55.100, 18 or AS 47.12.120(b)(4) [AS 47.10.080(b)(4)]; 19 (3) claims on defaulted scholarship loans under AS 43.23.067; 20 (4) court ordered fines; 21 (5) writs of execution under AS 09.35 of a judgment that is entered 22 (A) against a minor in a civil action to recover damages and 23 court costs; 24 (B) under AS 34.50.020 against the parent, parents, or legal 25 guardian of an unemancipated minor; 26 (6) a debt owed by an eligible individual to an agency of the state, 27 unless the debt is contested and an appeal is pending, or the time limit for filing an 28 appeal has not expired. 29 * Sec. 10. AS 44.21.410(a) is amended to read: 30 (a) The office of public advocacy shall 31 (1) perform the duties of the public guardian under AS 13.26.360 -
01 13.26.410; 02 (2) provide visitors and experts in guardianship proceedings under 03 AS 13.26.131; 04 (3) provide guardian ad litem services to children in child protection 05 actions under AS 47.17.030(e) and to wards and respondents in guardianship 06 proceedings who will suffer financial hardship or become dependent upon a 07 government agency or a private person or agency if the services are not provided at 08 state expense under AS 13.26.112; 09 (4) provide legal representation in guardianship proceedings to 10 respondents who are financially unable to employ attorneys under AS 13.26.106(b), 11 to indigent parties in cases involving child custody in which the opposing party is 12 represented by counsel provided by a public agency, to indigent parents or guardians 13 of a minor respondent in a commitment proceeding concerning the minor under 14 AS 47.30.775; 15 (5) provide legal representation and guardian ad litem services under 16 AS 25.24.310; in cases arising under AS 47.15 (Uniform Interstate Compact on 17 Juveniles); in cases involving petitions to adopt a minor under AS 25.23.125(b) or 18 petitions for the termination of parental rights on grounds set out in 19 AS 25.23.180(c)(3); in cases involving petitions to remove the disabilities of a minor 20 under AS 09.55.590; in children's proceedings under AS 47.10.050(a) or under 21 AS 47.12.090(a) or (b); and in cases involving indigent persons who are entitled to 22 representation under AS 18.85.100 and who cannot be represented by the public 23 defender agency because of a conflict of interests; 24 (6) develop and coordinate a program to recruit, select, train, assign, 25 and supervise volunteer guardians ad litem from local communities to aid in delivering 26 services in cases in which the office of public advocacy is appointed as guardian ad 27 litem; 28 (7) provide guardian ad litem services in proceedings under 29 AS 12.45.046; 30 (8) establish a fee schedule and collect fees for services provided by 31 the office, except as provided in AS 18.85.120 or when imposition or collection of a
01 fee is not in the public interest as defined under regulations adopted by the 02 commissioner of administration; 03 (9) provide visitors and guardians ad litem in proceedings under 04 AS 47.30.839; 05 (10) provide legal representation to indigent parents under 06 AS 14.30.195(e). 07 * Sec. 11. AS 44.29.022(a) is amended to read: 08 (a) The commissioner of health and social services may establish by regulation 09 a schedule of reasonable fees for services provided by the Department of Health and 10 Social Services under AS 44.29.020(a)(1) - (8), AS 47.10, AS 47.12, AS 47.14, 11 AS 47.30.655 - 47.30.910, and AS 47.80.100 - 47.80.170. The fee established for a 12 service may not exceed the actual cost of providing the service. The commissioner 13 may define or establish the "actual cost of providing a service" by regulation. The 14 Department of Health and Social Services shall charge and collect the fees established 15 under this subsection. The department may waive collection of a fee upon a finding 16 that collection is not economically feasible or in the public interest. 17 * Sec. 12. AS 44.41.025(c) is amended to read: 18 (c) The department may enter into the Alaska automated fingerprint 19 identification system the fingerprints of a minor whose fingerprints are taken under 20 AS 47.12.210 [AS 47.10.097]. 21 * Sec. 13. AS 44.47.200 is amended to read: 22 Sec. 44.47.200. LEGAL ASSISTANCE AND JUVENILE JUSTICE GRANT 23 FUND. There is created in the department the legal assistance and juvenile justice 24 grant fund. From legislative appropriations to the fund, the department shall make 25 grants 26 (1) to eligible communities and regions for the purpose of enabling 27 them to obtain legal assistance; and 28 (2) to a nonprofit corporation established under AS 47.12.400 29 [AS 47.10.265] to operate as a youth court. 30 * Sec. 14. AS 44.47.210(b) is amended to read: 31 (b) Nonprofit corporations proposing to establish and operate youth courts
01 under AS 47.12.400 [AS 47.10.265] may apply to the department for an organizational 02 grant under AS 44.47.200(2). A grant under this subsection must be matched on a 03 dollar-for-dollar basis by the grantee in cash or in kind. The commissioner may waive 04 the match required under this subsection on a showing satisfactory to the commissioner 05 by the prospective applicant that matching funds are not available. 06 * Sec. 15. AS 44.47.220(b) is amended to read: 07 (b) Grants made under AS 44.47.200(2) shall be used to defray the costs of 08 organization of youth courts under AS 47.12.400 [AS 47.10.265]. The department 09 shall assure that the grant is spent for necessary organizational assistance and that 10 appropriate accounting procedures are maintained. Grants made under 11 AS 44.47.200(2) and this subsection may not exceed $5,000. Only one grant may be 12 made to a grantee under authority of this subsection. 13 * Sec. 16. AS 44.66.010(a)(17) is amended to read: 14 (17) Citizens' Review Panel for Permanency Planning under 15 AS 47.14.200 [AS 47.10.400] -- June 30, 1997; 16 * Sec. 17. AS 47.10.010(a) is amended to read: 17 (a) Proceedings relating to a minor under 18 years of age residing or found in 18 the state are governed by AS 47.10.010 - 47.10.142 [THIS CHAPTER], except as 19 otherwise provided in AS 47.10.010 - 47.10.142 [THIS CHAPTER], when the court 20 finds the minor 21 [(1) TO BE A DELINQUENT MINOR AS A RESULT OF 22 VIOLATING A CRIMINAL LAW OF THE STATE OR A MUNICIPALITY OF THE 23 STATE; OR 24 (2)] to be a child in need of aid as a result of 25 (1) [(A)] the child being habitually absent from home or refusing to 26 accept available care, or having no parent, guardian, custodian, or relative caring or 27 willing to provide care, including physical abandonment by 28 (A) [(i)] both parents, 29 (B) [(ii)] the surviving parent, or 30 (C) [(iii)] one parent if the other parent's rights and 31 responsibilities have been terminated under AS 25.23.180(c) or AS 47.10.080
01 or voluntarily relinquished; 02 (2) [(B)] the child being in need of medical treatment to cure, 03 alleviate, or prevent substantial physical harm, or in need of treatment for mental harm 04 as evidenced by failure to thrive, severe anxiety, depression, withdrawal, or untoward 05 aggressive behavior or hostility toward others, and the child's parent, guardian, or 06 custodian has knowingly failed to provide the treatment; 07 (3) [(C)] the child having suffered substantial physical harm or if there 08 is an imminent and substantial risk that the child will suffer such harm as a result of 09 the actions done by or conditions created by the child's parent, guardian, or custodian 10 or the failure of the parent, guardian, or custodian adequately to supervise the child; 11 (4) [(D)] the child having been, or being in imminent and substantial 12 danger of being, sexually abused either by the child's parent, guardian, or custodian, 13 or as a result of conditions created by the child's parent, guardian, or custodian, or by 14 the failure of the parent, guardian, or custodian adequately to supervise the child; 15 (5) [(E)] the child committing delinquent acts as a result of pressure, 16 guidance, or approval from the child's parents, guardian, or custodian; 17 (6) [(F)] the child having suffered substantial physical abuse or neglect 18 as a result of conditions created by the child's parent, guardian, or custodian. 19 * Sec. 18. AS 47.10.020(a) is amended to read: 20 (a) Whenever circumstances subject a minor to the jurisdiction of 21 AS 47.10.010 - 47.10.142, the court shall 22 [(1) PROVIDE, UNDER PROCEDURES ADOPTED BY COURT 23 RULE, THAT, FOR A MINOR WHO IS ALLEGED TO BE A DELINQUENT 24 MINOR UNDER AS 47.10.010(a)(1), A STATE AGENCY SHALL MAKE A 25 PRELIMINARY INQUIRY TO DETERMINE IF ANY ACTION IS APPROPRIATE 26 AND MAY TAKE APPROPRIATE ACTION TO ADJUST OR DISPOSE OF THE 27 MATTER WITHOUT A COURT HEARING; IF, UNDER THIS PARAGRAPH, 28 (A) THE STATE AGENCY MAKES A PRELIMINARY 29 INQUIRY AND TAKES APPROPRIATE ACTION TO ADJUST OR 30 DISPOSE OF THE MATTER WITHOUT A COURT HEARING, THE 31 MINOR MAY NOT BE DETAINED OR TAKEN INTO CUSTODY AS A
01 CONDITION OF THE ADJUSTMENT OR DISPOSITION AND, SUBJECT 02 TO (d) OF THIS SECTION, THE MATTER SHALL BE CLOSED BY THE 03 AGENCY IF THE MINOR SUCCESSFULLY COMPLETES ALL THAT IS 04 REQUIRED OF THE MINOR BY THE AGENCY IN THE ADJUSTMENT 05 OR DISPOSITION; IN A MUNICIPALITY OR MUNICIPALITIES IN 06 WHICH A YOUTH COURT HAS BEEN ESTABLISHED UNDER 07 AS 47.10.265, ADJUSTMENT OR DISPOSITION OF THE MATTER 08 UNDER THIS PARAGRAPH MAY INCLUDE REFERRAL TO THE YOUTH 09 COURT; 10 (B) THE AGENCY CONCLUDES THAT THE MATTER 11 MAY NOT BE ADJUSTED OR DISPOSED OF WITHOUT A COURT 12 HEARING, THE AGENCY MAY FILE A PETITION UNDER (2) OF THIS 13 SUBSECTION SETTING OUT THE FACTS; OR 14 (2)] appoint a competent person or agency to make a preliminary 15 inquiry and report for the information of the court to determine whether the interests 16 of the public or of the minor require that further action be taken; if, under this 17 subsection [PARAGRAPH], the court appoints a person or agency to make a 18 preliminary inquiry and to report to it, then upon the receipt of the report, the court 19 may informally adjust [OR DISPOSE OF] the matter without a hearing, or it may 20 authorize the person having knowledge of the facts of the case to file with the court 21 a petition setting out the facts; if the court informally adjusts [OR DISPOSES OF] the 22 matter, the minor may not be detained or taken into the custody of the court as a 23 condition of the adjustment [OR DISPOSITION], and the matter shall be closed by the 24 court upon adjustment [OR DISPOSITION]. 25 * Sec. 19. AS 47.10.020(b) is amended to read: 26 (b) The petition and all subsequent pleadings shall be styled as follows: "In 27 the matter of . . . . . . . . . . . . . . . . . . . . . . . ., a minor under 18 years of age." The 28 petition may be executed upon the petitioner's information and belief, and must be 29 verified. It must include the following information: 30 (1) the name, address, and occupation of the petitioner, together with 31 the petitioner's relationship to the minor, and the petitioner's interest in the matter;
01 (2) the name, age, and address of the minor; 02 (3) a brief statement of the facts that bring the minor within 03 AS 47.10.010 - 47.10.142 [THIS CHAPTER]; 04 (4) the names and addresses of the minor's parents; 05 (5) the name and address of the minor's guardian, or of the person 06 having control or custody of the minor. 07 * Sec. 20. AS 47.10.030(b) is amended to read: 08 (b) In all cases under AS 47.10.010 - 47.10.142, [THIS CHAPTER] the minor, 09 each parent of the minor, and the guardian of the minor shall be given notice adequate 10 to give actual notice of the proceedings and the possibility of termination of parental 11 rights and responsibilities, taking into account education and language differences that 12 are known or reasonably ascertainable by the petitioner or the department. The notice 13 of the hearing must contain all names by which the minor has been identified. Notice 14 shall be given in the manner appropriate under rules of civil procedure for the service 15 of process in a civil action under Alaska law or in any manner the court by order 16 directs. Proof of the giving of the notice shall be filed with the court before the 17 petition is heard. The court may also subpoena the parent of the minor, or any other 18 person whose testimony may be necessary at the hearing. A subpoena or other process 19 may be served by a person authorized by law to make the service, and where personal 20 service cannot be made, the court may direct that service of process be in a manner 21 appropriate under rules of civil procedure for the service of process in a civil action 22 under Alaska law or in any manner the court directs. 23 * Sec. 21. AS 47.10.050(a) is amended to read: 24 (a) Whenever in the course of proceedings instituted under AS 47.10.010 - 25 47.10.142 [THIS CHAPTER] it appears to the court that the welfare of a minor will 26 be promoted by the appointment of an attorney to represent the minor or an attorney 27 or other person to serve as guardian ad litem, the court may make the appointment. 28 Appointment of a guardian ad litem or attorney shall be made under the terms of 29 AS 25.24.310. 30 * Sec. 22. AS 47.10.070(a) is amended to read: 31 (a) The court may conduct the hearing on the petition in an informal manner
01 in the courtroom or in chambers. [A HEARING MAY BE HELD BEFORE A 02 YOUNG ADULT ADVISORY PANEL IN ACCORDANCE WITH AS 47.10.075.] 03 The court shall give notice of the hearing to the department and it may send a 04 representative to the hearing. The court shall also transmit a copy of the petition to 05 the department. The representative of the department may also be heard at the hearing. 06 The public shall be excluded from the hearing, but the court, in its discretion, may 07 permit individuals to attend a hearing [,] if their attendance is compatible with the best 08 interests of the minor. [NOTHING IN THIS SECTION MAY BE APPLIED IN 09 SUCH A WAY AS TO DENY A CHILD'S RIGHTS TO A PUBLIC TRIAL AND TO 10 A TRIAL BY JURY.] 11 * Sec. 23. AS 47.10.080(a) is amended to read: 12 (a) The court, at the conclusion of the hearing, or thereafter as the 13 circumstances of the case may require, shall find and enter a judgment that the minor 14 is or is not [DELINQUENT OR] a child in need of aid. 15 * Sec. 24. AS 47.10.080(c) is amended to read: 16 (c) If the court finds that the minor is a child in need of aid, it shall 17 (1) order the minor committed to the department for placement in an 18 appropriate setting for a period of time not to exceed two years or in any event past 19 the date the minor becomes 19 years of age, except that the department may petition 20 for and the court may grant in a hearing (A) two-year extensions of commitment that 21 do not extend beyond the minor's 19th birthday if the extension is in the best interests 22 of the minor [AND THE PUBLIC]; and (B) an additional one-year period of 23 supervision past age 19 if the continued supervision is in the best interests of the 24 person and the person consents to it; the department may transfer the minor, in the 25 minor's best interests, from one placement setting to another, and the minor, the 26 minor's parents or guardian, and the minor's attorney are entitled to reasonable notice 27 of the transfer; 28 (2) order the minor released to the minor's parents, guardian, or some 29 other suitable person, and, in appropriate cases, order the parents, guardian, or other 30 person to provide medical or other care and treatment; if the court releases the minor, 31 it shall direct the department to supervise the care and treatment given to the minor,
01 but the court may dispense with the department's supervision if the court finds that the 02 adult to whom the minor is released will adequately care for the minor without 03 supervision; the department's supervision may not exceed two years or in any event 04 extend past the date the minor reaches age 19, except that the department may petition 05 for and the court may grant in a hearing 06 (A) two-year extensions of supervision that do not extend 07 beyond the minor's 19th birthday if the extension is in the best interests of the 08 minor and the public; and 09 (B) an additional one-year period of supervision past age 19 if 10 the continued supervision is in the best interests of the person and the person 11 consents to it; or 12 (3) by order, upon a showing in the adjudication by clear and 13 convincing evidence that there is a child in need of aid under AS 47.10.010(a) 14 [AS 47.10.010(a)(2)] as a result of parental conduct and upon a showing in the 15 disposition by clear and convincing evidence that the parental conduct is likely to 16 continue to exist if there is no termination of parental rights, terminate parental rights 17 and responsibilities of one or both parents and commit the child to the department or 18 to a legally appointed guardian of the person of the child, and the department or 19 guardian shall report annually to the court on efforts being made to find a permanent 20 placement for the child. 21 * Sec. 25. AS 47.10.080(e) is amended to read: 22 (e) If the court finds that the minor is not [DELINQUENT OR] a child in need 23 of aid, it shall immediately order the minor released from the department's custody and 24 returned to the minor's parents, guardian, or custodian, and dismiss the case. 25 * Sec. 26. AS 47.10.080(f) is amended to read: 26 (f) A minor found to be [DELINQUENT OR] a child in need of aid is a ward 27 of the state while committed to the department or the department has the power to 28 supervise the minor's actions. The court shall review an order made under [(b) OR] 29 (c)(1) or (2) of this section annually, and may review the order more frequently to 30 determine if continued placement [, PROBATION,] or supervision, as it is being 31 provided, is in the best interest of the minor [AND THE PUBLIC]. If annual review
01 under this subsection would arise within 90 days of the hearing required under (l) of 02 this section, the court may postpone review under this subsection until the time set for 03 the hearing. The department, the minor, the minor's parents, guardian, or custodian are 04 entitled, when good cause is shown, to a review on application. If the application is 05 granted, the court shall afford these parties and their counsel reasonable notice in 06 advance of the review and hold a hearing where these parties and their counsel shall 07 be afforded an opportunity to be heard. The minor shall be afforded the opportunity 08 to be present at the review. 09 * Sec. 27. AS 47.10.080(i) is amended to read: 10 (i) A minor, the minor's parents or guardian acting on the minor's behalf, or 11 the department may appeal a judgment or order, or the stay, modification, setting aside, 12 revocation, or enlargement of a judgment or order issued by the court under 13 AS 47.10.010 - 47.10.142 [THIS CHAPTER]. 14 * Sec. 28. AS 47.10.080(l) is amended to read: 15 (l) Within 18 months after the date a child is initially removed from the 16 child's home [TAKEN INTO CUSTODY] by the department under AS 47.10.142(c) 17 or committed to the custody of the department under [(b)(3),] (c)(1) [,] or [(c)] (3) of 18 this section [,] or AS 47.14.100(c) [AS 47.10.230(c)], the court shall hold a hearing 19 to review the placement and services provided and to determine the future status of the 20 minor. The court shall make appropriate written findings, including findings related 21 to the following: 22 (1) whether the child should be returned to the parent; 23 (2) whether the child should remain in out-of-home care for a specified 24 period; 25 (3) whether the child should remain in out-of-home care on a 26 permanent or long-term basis because of special needs or circumstances; 27 (4) whether the child should be placed for adoption or legal 28 guardianship. 29 * Sec. 29. AS 47.10.080(m) is amended to read: 30 (m) Within 60 days after the date a child is removed from the child's home 31 by the department, the department shall notify the appropriate local citizen out-of-home
01 care review panel established under AS 47.14.220 [AS 47.10.420]. 02 * Sec. 30. AS 47.10.080(n) is amended to read: 03 (n) Within 60 days after a court orders a child committed to the department 04 under (c) of this section and at a review under (f) or (l) of this section, the department 05 shall inform the parties about the local citizen out-of-home care review panel 06 established under AS 47.14.220 [AS 47.10.420]. 07 * Sec. 31. AS 47.10.082 is amended to read: 08 Sec. 47.10.082. BEST INTERESTS OF CHILD AND OTHER 09 CONSIDERATIONS. [IN MAKING ITS DISPOSITIONAL ORDER UNDER 10 AS 47.10.080(b) THE COURT SHALL CONSIDER THE BEST INTERESTS OF 11 THE CHILD AND THE PUBLIC.] In making its dispositional order under 12 AS 47.10.080(c), the court shall consider 13 (1) the best interests of the child; and 14 (2) [. IN EITHER CASE THE COURT SHALL CONSIDER ALSO] 15 the ability of the state to take custody and to care for the child to protect the child's 16 best interests under AS 47.10.010 - 47.10.142. 17 * Sec. 32. AS 47.10.084(a) is amended to read: 18 (a) When a child is committed under AS 47.10.080(c)(1) [AS 47.10.080(b)(1) 19 OR (c)(1)] to the department, [OR] released under AS 47.10.080(c)(2) 20 [AS 47.10.080(b)(2) OR (3) OR (c)(2)] to the child's parents, guardian, or other 21 suitable person, or committed to the department or to a legally appointed guardian 22 of the person of the child under AS 47.10.080(c)(3), a relationship of legal custody 23 exists. This relationship imposes on the department and its authorized agents or the 24 parents, guardian, or other suitable person the responsibility of physical care and 25 control of the child, the determination of where and with whom the child shall live, 26 the right and duty to protect, train, and discipline the child, and the duty of providing 27 the child with food, shelter, education, and medical care. These obligations are subject 28 to any residual parental rights and responsibilities and rights and responsibilities of a 29 guardian if one has been appointed. When a child is committed to the department and 30 the department places the child with the child's parent, the parent has the responsibility 31 to provide and pay for food, shelter, education, and medical care for the child. When
01 parental rights have been terminated, or there are no living parents and no guardian has 02 been appointed, the responsibilities of legal custody include those in (b) and (c) of this 03 section. The department or person having legal custody of the child may delegate any 04 of the responsibilities under this section, except authority to consent to marriage, 05 adoption, and military enlistment may not be delegated. For purposes of AS 47.10.010 06 - 47.10.142, [THIS CHAPTER] a person in charge of a placement setting is an agent 07 of the department. 08 * Sec. 33. AS 47.10.090(c) is amended to read: 09 (c) Within 30 days of the date of a minor's 18th birthday or, if the court 10 retains jurisdiction of a minor past the minor's 18th birthday, within 30 days of the 11 date on which the court releases jurisdiction over the minor, the court shall order all 12 the court's official records pertaining to that minor in a proceeding under 13 AS 47.10.010 - 47.10.142 sealed [, AS WELL AS RECORDS OF ALL DRIVER'S 14 LICENSE PROCEEDINGS UNDER AS 28.15.185, CRIMINAL PROCEEDINGS 15 AGAINST THE MINOR, AND PUNISHMENTS ASSESSED AGAINST THE 16 MINOR]. A person may not use these sealed records for any purpose except that the 17 court may order their use for good cause shown [OR MAY ORDER THEIR USE BY 18 AN OFFICER OF THE COURT IN MAKING A PRESENTENCING REPORT FOR 19 THE COURT. THE PROVISIONS OF THIS SUBSECTION RELATING TO THE 20 SEALING OF RECORDS DO NOT APPLY TO RECORDS OF TRAFFIC 21 OFFENSES]. 22 * Sec. 34. AS 47.10.090(d) is amended to read: 23 (d) The name or picture of a minor under the jurisdiction of the court may not 24 be made public in connection with the minor's status as a [DELINQUENT CHILD OR 25 A] child in need of aid unless authorized by order of the court. 26 * Sec. 35. AS 47.10.090(e) is amended to read: 27 (e) The court's official records under AS 47.10.010 - 47.10.142 [THIS 28 CHAPTER] may be inspected only with the court's permission and only by persons 29 having a legitimate interest in them. [A PERSON WITH A LEGITIMATE 30 INTEREST IN THE INSPECTION OF AN OFFICIAL RECORD MAINTAINED BY 31 THE COURT INCLUDES A VICTIM WHO SUFFERED PHYSICAL INJURY OR
01 WHOSE REAL OR PERSONAL PROPERTY WAS DAMAGED AS A RESULT OF 02 AN OFFENSE THAT WAS THE BASIS OF AN ADJUDICATION OR 03 MODIFICATION OF DISPOSITION. IF THE VICTIM KNOWS THE IDENTITY 04 OF THE MINOR, IDENTIFIES THE MINOR OR THE OFFENSE TO THE COURT, 05 AND CERTIFIES THAT THE INFORMATION IS BEING SOUGHT TO CONSIDER 06 OR SUPPORT A CIVIL ACTION AGAINST THE MINOR OR AGAINST THE 07 MINOR'S PARENTS OR GUARDIANS UNDER AS 34.50.020, THE COURT 08 SHALL, SUBJECT TO AS 12.61.110 AND 12.61.140, ALLOW THE VICTIM TO 09 INSPECT AND USE THE FOLLOWING RECORDS AND INFORMATION IN 10 CONNECTION WITH THE CIVIL ACTION: 11 (1) A PETITION FILED UNDER AS 47.10.010(a)(1) SEEKING TO 12 HAVE THE COURT DECLARE THE MINOR A DELINQUENT; 13 (2) A PETITION FILED UNDER AS 47.10.080 SEEKING TO HAVE 14 THE COURT MODIFY OR REVOKE THE MINOR'S PROBATION; 15 (3) A PETITION FILED UNDER AS 47.10.060 REQUESTING THE 16 COURT TO FIND THAT A MINOR IS NOT AMENABLE TO TREATMENT 17 UNDER THIS CHAPTER AND THAT RESULTS IN CLOSURE OF A CASE 18 UNDER AS 47.10.060(a); AND 19 (4) A COURT JUDGMENT OR ORDER ENTERED UNDER 20 AS 47.10.010 - 47.10.142 THAT DISPOSES OF A PETITION IDENTIFIED IN (1) - 21 (3) OF THIS SUBSECTION.] 22 * Sec. 36. AS 47.10.093(a) is amended to read: 23 (a) Except as specified in AS 47.10.092 and (b) - (g) [(b) - (f) AND (h)] of 24 this section, all information and social records pertaining to a minor who is subject to 25 AS 47.10.010 - 47.10.142 [THIS CHAPTER] or AS 47.17 prepared by or in the 26 possession of a federal, state, or municipal agency or employee in the discharge of the 27 agency's or employee's official duty [, INCLUDING DRIVER'S LICENSE ACTIONS 28 UNDER AS 28.15.185,] are privileged and may not be disclosed directly or indirectly 29 to anyone without a court order. 30 * Sec. 37. AS 47.10.093(b) is amended to read: 31 (b) A state or municipal agency or employee may disclose information
01 regarding a case to 02 (1) a guardian ad litem appointed by the court or to a citizen review 03 panel for permanency planning authorized by AS 47.14.200 or 47.14.220 04 [AS 47.10.400 or 47.10.420]; 05 (2) a person or an agency requested to provide consultation or services 06 for a minor who is subject to the jurisdiction of the court under AS 47.10.010; 07 (3) school officials as may be necessary to protect the safety of school 08 students and staff; 09 (4) a governmental agency as may be necessary to obtain that agency's 10 assistance for the department in its investigation or to obtain physical custody of a 11 child; 12 (5) a state or municipal law enforcement agency as may be necessary 13 for a specific investigation being conducted by that agency or for disclosures by that 14 agency to protect the public safety; and 15 (6) a victim as may be necessary to inform the victim about the 16 disposition or resolution of a case involving a minor. 17 * Sec. 38. AS 47.10.093(g) is amended to read: 18 (g) The department and affected law enforcement agencies shall work with 19 school districts and private schools to develop procedures for the disclosure of 20 information to school officials under (b)(3) [AND (c)(3)] of this section. The 21 procedures must provide a method for informing the principal or the principal's 22 designee of the school the student attends as soon as it is reasonably practicable. 23 * Sec. 39. AS 47.10.100(b) is amended to read: 24 (b) If the court determines at a hearing authorized by (a) of this section 25 [REHEARING] that it is for the best interests of the minor to be released to the care 26 or custody of the minor's parent, guardian, or custodian, it may enter an order to that 27 effect and the minor is discharged from the control of the department. 28 * Sec. 40. AS 47.10.100(c) is amended to read: 29 (c) If a minor is adjudicated [A DELINQUENT OR] a child in need of aid 30 before the minor's 18th birthday, the court may retain jurisdiction over the minor after 31 the minor's 18th birthday for the purpose of supervising the minor [MINOR'S
01 REHABILITATION], but the court's jurisdiction over the minor under this chapter 02 never extends beyond the minor's 19th birthday, except that the department may apply 03 for and the court may grant an additional one-year period of supervision past age 19 04 if continued supervision is in the best interests of the person and the person consents 05 to it. The department may retain jurisdiction over a child between the child's 18th and 06 19th birthdays for the purpose of supervising the child [CHILD'S 07 REHABILITATION], if the child has been placed under the supervision of the 08 department before the child's 18th birthday, except that the department may apply for 09 and the court may grant an additional one-year period of supervision past age 19 if 10 continued supervision is in the best interests of the person and the person consents to 11 it. 12 * Sec. 41. AS 47.10.110 is amended to read: 13 Sec. 47.10.110. APPOINTMENT OF GUARDIAN OR CUSTODIAN. When, 14 in the course of a proceeding under AS 47.10.010 - 47.10.142 [THIS CHAPTER], it 15 appears to the court that the welfare of a minor will be promoted by the appointment 16 of a guardian or custodian of the minor's person, the court may make the appointment. 17 The court shall have a summons issued and served upon the parents of the minor, if 18 they can be found, in a manner and within a time before the hearing that the court 19 considers reasonable. The court may determine whether the father, mother, another 20 suitable person, or the department shall have the custody and control of the minor. 21 If the minor is of sufficient age and intelligence to state desires, the court shall 22 consider them. 23 * Sec. 42. AS 47.10.120(a) is amended to read: 24 (a) When a child in need of aid [OR A DELINQUENT MINOR] is committed 25 under AS 47.10.010 - 47.10.142 [THIS CHAPTER], the court shall, after giving the 26 parent [OR LEGAL GUARDIAN] a reasonable opportunity to be heard, adjudge that 27 the parent [OR GUARDIAN] pay to the department in a manner that the court directs 28 a sum [THAT IS BASED ON THE FEE SCHEDULE ADOPTED UNDER 29 AS 44.29.022] to cover in full or in part the maintenance and care of the child. The 30 support obligation shall be calculated under Rule 90.3(i) of the Alaska Rules of 31 Civil Procedure [OR MINOR].
01 * Sec. 43. AS 47.10.141(b) is amended to read: 02 (b) A peace officer shall take into protective custody a minor described in (a) 03 of this section if the minor is not otherwise subject to arrest or detention. Unless (c) 04 of this section applies, when a peace officer takes a minor into protective custody 05 under this subsection, 06 (1) the peace officer shall exercise the officer's discretion and shall 07 (A) [AND (1)] return the minor to the minor's parent or 08 guardian [LEGAL CUSTODIAN] if the minor and the minor's parent or 09 guardian consent [LEGAL CUSTODIAN CONSENTS] to the return, except 10 that the officer may not use this option if the officer has reasonable cause to 11 suspect that the minor has experienced physical or sexual abuse in the parent's 12 or guardian's [LEGAL CUSTODIAN'S] household; 13 (B) [(2)] take the minor to a nearby location agreed to by the 14 minor and the minor's parent or guardian [LEGAL CUSTODIAN]; or 15 (C) [(3)] take the minor to 16 (i) an office specified by the Department of Health and 17 Social Services; 18 (ii) [,] a program for runaway minors licensed by the 19 department under AS 47.10.310; 20 (iii) [,] a shelter for runaways that has a permit from the 21 department under AS 47.35.085 that agrees to shelter the minor; 22 (iv) [, OR] a facility or contract agency of the 23 department; or 24 (v) another suitable location and promptly notify the 25 department, if [. IF] an office specified by the department, a licensed 26 program for runaway minors, a shelter for runaways that will accept the 27 minor, or a facility or contract agency of the department does not exist 28 in the community; 29 (2) a [, THE OFFICER SHALL TAKE THE MINOR TO ANOTHER 30 SUITABLE LOCATION AND PROMPTLY NOTIFY THE DEPARTMENT. A] 31 minor under protective custody may not be housed in a jail or other detention facility;
01 (3) the peace officer, immediately [. IMMEDIATELY] upon taking 02 a minor into protective custody, [THE OFFICER] shall 03 (A) advise the minor orally and in writing of the right to social 04 services under AS 47.10.142(b); [,] and 05 (B) [,] if the identity of the minor's parent or guardian is 06 known, [THE OFFICER SHALL] advise the minor's parent or guardian 07 [LEGAL CUSTODIAN] that the minor has been taken into protective custody 08 and that counseling services for the minor's parent or guardian 09 [CUSTODIAN] and the minor's household may be available under 10 AS 47.10.142(b). 11 * Sec. 44. AS 47.10.141(c) is amended to read: 12 (c) A minor may be taken into emergency protective custody by a peace 13 officer and placed into temporary detention in a juvenile detention home in the local 14 community if there has been an order issued by a court under a finding of probable 15 cause that (1) the minor is a runaway in wilful violation of a valid court order issued 16 under AS 47.10.080(c)(1), 47.10.142(f), AS 47.12.120(b)(1) or (3), or 17 AS 47.12.250(d) [AS 47.10.080 OR 47.10.142(f)], (2) the minor's current situation 18 poses a severe and imminent risk to the minor's life or safety, and (3) no reasonable 19 placement alternative exists within the community. For the purposes of this 20 subsection, a risk may not be considered severe and imminent solely because of the 21 general conditions for runaway minors in the community, but shall be assessed in view 22 of the specific behavior and situation of the minor. A minor detained under this 23 subsection shall be brought before a court on the day the minor is detained, or if that 24 is not possible, within 24 hours after the detention for a hearing to determine the most 25 appropriate placement in the best interests of the minor. A minor taken into 26 emergency protective custody under this subsection may not be detained for more than 27 24 hours, except as provided under AS 47.12.250 [AS 47.10.140]. Emergency 28 protective custody may not include placement of a minor in a jail or secure facility 29 other than a juvenile detention home, nor may an order for protective custody be 30 enforced against a minor who is residing in a licensed program for runaway minors, 31 as defined in AS 47.10.390.
01 * Sec. 45. AS 47.10.142(a) is amended to read: 02 (a) The Department of Health and Social Services may take emergency 03 custody of a minor upon discovering any of the following circumstances: 04 (1) the minor has been abandoned; 05 (2) the minor has been grossly neglected by the minor's parents or 06 guardian, as "neglect" is defined in AS 47.17.290, and the department determines that 07 immediate removal from the minor's surroundings is necessary to protect the minor's 08 life or provide immediate necessary medical attention; 09 (3) the minor has been subjected to child abuse or neglect by a person 10 responsible for the minor's welfare, as "child abuse or neglect" is defined in 11 AS 47.17.290, and the department determines that immediate removal from the minor's 12 surroundings is necessary to protect the minor's life or that immediate medical 13 attention is necessary; or 14 (4) the minor has been sexually abused under circumstances listed in 15 AS 47.10.010(a)(4) [AS 47.10.010(a)(2)(D)]. 16 * Sec. 46. AS 47.10.142(g) is amended to read: 17 (g) Within 60 days after a court orders a child committed to the department 18 under this section, the department shall inform the parties about the local citizen out- 19 of-home care review panel established under AS 47.14.220 [AS 47.10.420]. 20 * Sec. 47. AS 47.10.390(2) is amended to read: 21 (2) "runaway minor" means a person under 18 years of age who 22 (A) is habitually absent from home; or 23 (B) refuses to accept available care [; 24 (C) HAS NO PARENT, GUARDIAN, CUSTODIAN, OR 25 RELATIVE ABLE OR WILLING TO PROVIDE CARE; OR 26 (D) HAS BEEN PHYSICALLY ABANDONED BY 27 (i) BOTH PARENTS; 28 (ii) THE SURVIVING PARENT; OR 29 (iii) ONE PARENT IF THE OTHER PARENT'S 30 RIGHTS AND RESPONSIBILITIES HAVE BEEN TERMINATED 31 UNDER AS 25.23.180(c) OR AS 47.10.080 OR VOLUNTARILY
01 RELINQUISHED]. 02 * Sec. 48. AS 47.10 is amended by adding a new section to read: 03 Sec. 47.10.980. GRANTS-IN-AID. The department may accept grants-in-aid 04 from the federal government or private foundations and may accept other gifts 05 consistent with the purposes of this chapter. 06 * Sec. 49. AS 47.10.990 is amended to read: 07 Sec. 47.10.990. DEFINITIONS. In this chapter, unless the context otherwise 08 requires, 09 (1) "care" or "caring" under AS 47.10.010(a)(1) 10 [AS 47.10.010(a)(2)(A)], 47.10.120(a), and 47.10.230(c) [,] means to provide for the 11 physical, emotional, mental, and social needs of the child; 12 (2) "child in need of aid" means a minor found to be within the 13 jurisdiction of the court under AS 47.10.010(a) [AS 47.10.010(a)(2)]; 14 (3) "court" means the superior court of the state; 15 (4) ["CRIME AGAINST A PERSON" MEANS AN OFFENSE SET 16 OUT IN AS 11.41; 17 (5) "DELINQUENT MINOR" MEANS A MINOR FOUND TO BE 18 WITHIN THE JURISDICTION OF THE COURT UNDER AS 47.10.010(a)(1); 19 (6)] "department" means the Department of Health and Social Services; 20 (5) [(7) "JUVENILE DETENTION FACILITY" MEANS SEPARATE 21 QUARTERS WITHIN A CITY JAIL USED FOR THE DETENTION OF 22 DELINQUENT MINORS; 23 (8)] "juvenile detention home" [OR "DETENTION HOME"] is a 24 separate establishment, exclusively devoted to the detention of minors on a short-term 25 basis and not a part of an adult jail; 26 (6) [(9) "JUVENILE WORK CAMP" MEANS A SEPARATE 27 RESIDENTIAL ESTABLISHMENT, EXCLUSIVELY DEVOTED TO THE 28 DETENTION OF MINORS, IN WHICH THE MINORS WHO ARE 16 YEARS OF 29 AGE OR OLDER AND COMMITTED TO THE CUSTODY OF THE 30 DEPARTMENT AND PLACED IN THE FACILITY MAY BE REQUIRED TO 31 LABOR ON THE BUILDINGS AND GROUNDS OR PERFORM ANY OTHER
01 WORK OR ENGAGE IN ANY ACTIVITIES THAT DO NOT CONFLICT WITH 02 REGULATIONS ADOPTED BY THE DEPARTMENT OF HEALTH AND SOCIAL 03 SERVICES UNDER THIS CHAPTER FOR THE CARE, REHABILITATION, 04 EDUCATION, AND DISCIPLINE OF MINORS IN DETENTION; 05 (10)] "minor" means [IS] a person under 18 years of age [; 06 (11) "TREATMENT FACILITY" MEANS A HOSPITAL, CLINIC, 07 INSTITUTION, CENTER, OR OTHER HEALTH CARE FACILITY THAT HAS 08 BEEN DESIGNATED BY THE DEPARTMENT FOR THE TREATMENT OF 09 JUVENILES; 10 (12) "VICTIM" HAS THE MEANING GIVEN IN AS 12.55.185]. 11 * Sec. 50. AS 47 is amended by adding a new chapter to read: 12 CHAPTER 12. DELINQUENT MINORS. 13 ARTICLE 1. JUVENILE DELINQUENCY. 14 Sec. 47.12.010. PURPOSE OF CHAPTER. The purposes of this chapter are 15 (1) to protect the public and to reform juvenile offenders; 16 (2) to provide that, for the most common offenses committed by 17 minors, those punishable as misdemeanors, resolution should require some form of 18 sanction, that the form of the sanction should be certain, that the imposition of the 19 sanction should be swift, and that the sanction may take the form of a reasonable claim 20 on the time and talents of the minor who has committed the offense; and 21 (3) to provide that counseling provided to the minor should, if 22 appropriate, include the minor's family or guardian, that the minor's family or guardian 23 has the right to offer suggestions and make recommendations for the correction of the 24 minor's behavior, and that the minor's family or guardian may be asked to participate 25 in supervision of the minor's treatment. 26 Sec. 47.12.020. JURISDICTION. Proceedings relating to a minor under 18 27 years of age residing or found in the state are governed by this chapter, except as 28 otherwise provided in this chapter, when the minor is alleged to be or may be 29 determined by a court to be a delinquent minor as a result of violating a criminal law 30 of the state or a municipality of the state. 31 Sec. 47.12.030. PROVISIONS INAPPLICABLE. (a) When a minor who was
01 at least 16 years of age at the time of the offense is arraigned on a charge for an 02 offense specified in this subsection, this chapter and the Alaska Delinquency Rules do 03 not apply to the offense for which the minor is arraigned or to any additional offenses 04 joinable to it under the applicable rules of court governing criminal procedure. The 05 minor shall be charged, prosecuted, and sentenced in the superior court in the same 06 manner as an adult unless the minor is convicted of some offense other than an offense 07 specified in this subsection, in which event the minor may attempt to prove, by a 08 preponderance of the evidence, that the minor is amenable to treatment under this 09 chapter. If the court finds that the minor is amenable to treatment under this chapter, 10 the minor shall be treated as though the charges had been heard under this chapter, and 11 the court shall order disposition of the charges of which the minor is convicted under 12 AS 47.12.120(b). The provisions of this subsection apply when the minor is arraigned 13 on a charge 14 (1) that is an unclassified felony or a class A felony and the felony is 15 a crime against a person; or 16 (2) of arson in the first degree. 17 (b) When a minor is accused of violating a statute specified in this subsection, 18 other than a statute the violation of which is a felony, this chapter and the Alaska 19 Delinquency Rules do not apply and the minor accused of the offense shall be charged, 20 prosecuted, and sentenced in the district court in the same manner as an adult; if a 21 minor is charged, prosecuted, and sentenced for an offense under this subsection, the 22 minor's parent, guardian, or legal custodian shall be present at all proceedings; the 23 provisions of this paragraph apply when a minor is accused of violating 24 (1) a traffic statute or regulation, or a traffic ordinance or regulation of 25 a municipality; 26 (2) AS 11.76.105, relating to the possession of tobacco by a person 27 under 19 years of age; 28 (3) a fish and game statute or regulation under AS 16; 29 (4) a parks and recreational facilities statute or regulation under 30 AS 41.21; and 31 (5) AS 04.16.050, relating to possession, control, or consumption of
01 alcohol. 02 (c) The provisions of AS 47.12.010 - 47.12.260 and the Alaska Delinquency 03 Rules do not apply to driver's license proceedings under AS 28.15.185; the court shall 04 impose a driver's license revocation under AS 28.15.185 in the same manner as adult 05 driver's license revocations, except that a parent or legal guardian shall be present at 06 all proceedings. 07 Sec. 47.12.040. INVESTIGATION AND PETITION. (a) Whenever 08 circumstances subject a minor to the jurisdiction of this chapter, the court shall 09 (1) provide, under procedures adopted by court rule, that, for a minor 10 who is alleged to be a delinquent minor under AS 47.12.020, a state agency shall make 11 a preliminary inquiry to determine if any action is appropriate and may take 12 appropriate action to adjust the matter without a court hearing; if, under this paragraph, 13 (A) the state agency makes a preliminary inquiry and takes 14 appropriate action to adjust the matter without a court hearing, the minor may 15 not be detained or taken into custody as a condition of the adjustment and, 16 subject to AS 47.12.060, the matter shall be closed by the agency if the minor 17 successfully completes all that is required of the minor by the agency in the 18 adjustment; in a municipality or municipalities in which a youth court has been 19 established under AS 47.12.400, adjustment of the matter under this paragraph 20 may include referral to the youth court; 21 (B) the agency concludes that the matter may not be adjusted 22 without a court hearing, the agency may file a petition under (2) of this 23 subsection setting out the facts; or 24 (2) appoint a competent person or agency to make a preliminary inquiry 25 and report for the information of the court to determine whether the interests of the 26 public or of the minor require that further action be taken; if, under this paragraph, the 27 court appoints a person or agency to make a preliminary inquiry and to report to it, 28 then upon the receipt of the report, the court may informally adjust the matter without 29 a hearing, or it may authorize the person having knowledge of the facts of the case to 30 file with the court a petition setting out the facts; if the court informally adjusts the 31 matter, the minor may not be detained or taken into the custody of the court as a
01 condition of the adjustment, and the matter shall be closed by the court upon 02 adjustment. 03 (b) The petition and all subsequent pleadings shall be styled as follows: "In 04 the matter of . . . . . . . . . . . . . . . . . . . . . . . ., a minor under 18 years of age." The 05 petition may be executed upon the petitioner's information and belief, and must be 06 verified. It must include the following information: 07 (1) the name, address and occupation of the petitioner, together with 08 the petitioner's relationship to the minor, and the petitioner's interest in the matter; 09 (2) the name, age and address of the minor; 10 (3) a brief statement of the facts that bring the minor within this 11 chapter; 12 (4) the names and addresses of the minor's parents; 13 (5) the name and address of the minor's guardian, or of the person 14 having control or custody of the minor. 15 (c) If the petitioner does not know a fact required in this section, the petitioner 16 shall so state in the petition. 17 Sec. 47.12.050. NOTICE TO AND INVOLVEMENT OF PARENT OR 18 GUARDIAN. (a) Except as may be otherwise specifically provided, in all cases 19 under this chapter, the minor, each parent of the minor, and the guardian of the minor 20 are entitled to notice adequate to give actual notice of the proceedings, taking into 21 account education and language differences that are known or reasonably ascertainable 22 by the party giving the notice. The notice must contain all names by which the minor 23 has been identified. 24 (b) Notice shall be given in the manner appropriate under the Alaska Rules of 25 Civil Procedure for the service of process in a civil action under state law or in any 26 manner the court by order directs. Proof of giving of the notice shall be filed with the 27 court before the petition is heard or other proceeding commenced. 28 (c) The court may subpoena the parent or guardian of the minor, or any other 29 person whose testimony may be necessary at the hearing. A subpoena or other process 30 may be served by a person authorized by law to make the service. If personal service 31 cannot be made, the court may direct that service of process be in the manner
01 appropriate under the Alaska Rules of Civil Procedure for the service of process in a 02 civil action under state law or in any manner the court directs. 03 (d) In any proceeding under this chapter, the presence of the minor's parent or 04 guardian is preferred. 05 Sec. 47.12.060. INFORMAL ACTION BY DEPARTMENT TO ADJUST 06 MATTER. (a) The provisions of this section apply to a minor who is alleged to be 07 a delinquent minor under AS 47.12.020 and for whom an agency has, under applicable 08 court rule, made a preliminary inquiry before taking appropriate action as authorized 09 by AS 47.12.040(a). Following the preliminary inquiry, unless the agency determines 10 that the matter should be dismissed, the agency may take informal action to adjust the 11 matter. 12 (b) When the agency decides that an informal adjustment of a matter should 13 be made, that informal adjustment may not be made without the agreement or consent 14 of the minor and the minor's parents or guardians to the terms and conditions of the 15 adjustment. An informal action to adjust a matter is not successfully completed unless, 16 among other factors that the agency considers, as to the victim of the act of the minor 17 that is the basis of the delinquency allegation, the minor pays restitution in the amount 18 set by the agency or agrees as a term or condition set by the agency to pay the 19 restitution. 20 Sec. 47.12.070. SUMMONS AND CUSTODY OF MINOR. After a petition 21 is filed and after further investigation that the court directs, if the minor has not 22 appeared voluntarily, the court shall issue a summons that 23 (1) recites briefly the substance of the petition; 24 (2) directs the person having custody or control of the minor to appear 25 personally in court with the minor at the place and at the time set forth in the 26 summons. 27 Sec. 47.12.080. RELEASE OF MINOR. A minor who is taken into custody 28 may, in the discretion of the court and upon the written promise of the parent, 29 guardian, or custodian to bring the minor before the court at a time specified by the 30 court, be released to the care and custody of the parent, guardian, or custodian. The 31 minor, if not released, shall be detained as provided by AS 47.12.240. The court may
01 determine whether the father or mother or another person shall have the custody and 02 control of the minor for the duration of the proceedings. If the minor is of sufficient 03 age and intelligence to state desires, the court shall give consideration to the minor's 04 desires. 05 Sec. 47.12.090. APPOINTMENT OF ATTORNEY, GUARDIAN AD LITEM, 06 OR GUARDIAN. (a) In all proceedings initiated under a petition for delinquency, 07 a minor shall have the right to be represented by counsel and, if indigent, have counsel 08 appointed by the court. The court shall appoint counsel in such cases unless it makes 09 a finding on the record that the minor has made a voluntary, knowing, and intelligent 10 waiver of the right to counsel and a parent or guardian with whom the minor resides 11 or resided before the filing of the petition concurs with the waiver. In cases in which 12 it has been alleged that the minor has committed an act that would be a felony if 13 committed by an adult, waiver of counsel may not be accepted unless the court is 14 satisfied that the minor has consulted with an attorney before the waiver of counsel. 15 (b) Whenever in the course of proceedings instituted under this chapter it 16 appears to the court that the welfare of a minor will be promoted by the appointment 17 of an attorney to represent the minor or an attorney or other person to serve as 18 guardian ad litem, the court may make the appointment. Appointment of a guardian 19 ad litem or attorney shall be made under the terms of AS 25.24.310. 20 Sec. 47.12.100. WAIVER OF JURISDICTION. (a) If the court finds at a 21 hearing on a petition that there is probable cause for believing that a minor is 22 delinquent and finds that the minor is not amenable to treatment under this chapter, it 23 shall order the case closed. After a case is closed under this subsection, the minor 24 may be prosecuted as an adult. 25 (b) A minor is unamenable to treatment under this chapter if the minor 26 probably cannot be rehabilitated by treatment under this chapter before reaching 20 27 years of age. In determining whether a minor is unamenable to treatment, the court 28 may consider the seriousness of the offense the minor is alleged to have committed, 29 the minor's history of delinquency, the probable cause of the minor's delinquent 30 behavior, and the facilities available to the department for treating the minor. 31 (c) For purposes of making a determination under this section,
01 (1) the standard of proof is by a preponderance of the evidence; and 02 (2) the burden of proof that a minor is not amenable to treatment under 03 this chapter is on the state; however, if the petition filed under AS 47.12.040 seeking 04 to have the court declare a minor a delinquent is based on the minor's alleged 05 commission of an offense that is an unclassified felony or class A felony and that is 06 a crime against a person, the minor 07 (A) is rebuttably presumed not to be amenable to treatment 08 under this chapter; and 09 (B) has the burden of proof of showing that the minor is 10 amenable to treatment under this chapter. 11 Sec. 47.12.110. HEARINGS. (a) The court shall conduct a hearing on the 12 petition. The court shall give notice of the hearing to the department, and the 13 department shall send a representative to the hearing. The representative of the 14 department may also be heard at the hearing. The public shall be excluded from the 15 hearing, but the court, in its discretion, may permit individuals to attend a hearing, if 16 their attendance is compatible with the best interests of the minor. Nothing in this 17 section may be applied in such a way as to deny a minor's rights to a public trial and 18 to a trial by jury. 19 (b) Notwithstanding (a) of this section, the victim of an offense that a minor 20 is alleged to have committed, or the designee of the victim, has a right to be present 21 at all hearings held under this section. If the minor is found to have committed the 22 offense, the victim may at the disposition hearing give sworn testimony or make an 23 unsworn oral presentation concerning the offense and its effect on the victim. If there 24 are numerous victims of a minor's offense, the court may limit the number of victims 25 who may give sworn testimony or make an unsworn oral presentation, but the court 26 may not limit the right of a victim to attend a hearing. 27 (c) Unless the minor objects, the court may select a young adult advisory panel 28 to hear the case and advise the court of a recommended judgment and order. The 29 court may consider any of the panel recommendations in making its judgment and 30 order in the case. For purposes of this subsection, 31 (1) the principal of each high school shall submit annually to the court
01 a list of the students enrolled in grades 10, 11, and 12, and the court shall determine 02 the method of selecting the members of each panel; and 03 (2) a student 04 (A) shall be excused from attending school while serving as a 05 panel member; 06 (B) may not serve more than once each year on a panel; and 07 (C) shall be excused from service as a panel member if the 08 student submits a written request to the court indicating the reason for not 09 wishing to serve. 10 Sec. 47.12.120. JUDGMENTS AND ORDERS. (a) The court, at the 11 conclusion of the hearing, or thereafter as the circumstances of the case may require, 12 shall find and enter a judgment that the minor is or is not delinquent. 13 (b) If the court finds that the minor is delinquent, it shall 14 (1) order the minor committed to the department for a period of time 15 not to exceed two years or in any event extend past the day the minor becomes 19 16 years of age, except that the department may petition for and the court may grant in 17 a hearing (A) two-year extensions of commitment that do not extend beyond the 18 minor's 19th birthday if the extension is in the best interests of the minor and the 19 public; and (B) an additional one-year period of supervision past age 19 if continued 20 supervision is in the best interests of the person and the person consents to it; the 21 department shall place the minor in the juvenile facility that the department considers 22 appropriate and that may include a juvenile correctional school, juvenile work camp, 23 treatment facility, detention home, or detention facility; the minor may be released 24 from placement or detention and placed on probation on order of the court and may 25 also be released by the department, in its discretion, under AS 47.12.260; 26 (2) order the minor placed on probation, to be supervised by the 27 department, and released to the minor's parents, guardian, or a suitable person; if the 28 court orders the minor placed on probation, it may specify the terms and conditions 29 of probation; the probation may be for a period of time not to exceed four years and 30 in no event to extend past the day the minor becomes 19 years of age, except that the 31 department may petition for and the court may grant in a hearing
01 (A) two-year extensions of supervision that do not extend 02 beyond the minor's 19th birthday if the extension is in the best interests of the 03 minor and the public; and 04 (B) an additional one-year period of supervision past age 19 if 05 the continued supervision is in the best interests of the person and the person 06 consents to it; 07 (3) order the minor committed to the custody of the department and 08 placed on probation, to be supervised by the department, and released to the minor's 09 parents, guardian, other suitable person, or suitable nondetention setting such as a 10 family home, group care facility, or child care facility, whichever the department 11 considers appropriate to implement the treatment plan of the predisposition report; if 12 the court orders the minor placed on probation, it may specify the terms and conditions 13 of probation; the department may transfer the minor, in the minor's best interests, from 14 one of the probationary placement settings listed in this paragraph to another, and the 15 minor, the minor's parents or guardian, and the minor's attorney are entitled to 16 reasonable notice of the transfer; the probation may be for a period of time not to 17 exceed four years and in no event to extend past the day the minor becomes 19 years 18 of age, except that the department may petition for and the court may grant in a 19 hearing 20 (A) two-year extensions of commitment that do not extend 21 beyond the minor's 19th birthday if the extension is in the best interests of the 22 minor and the public; and 23 (B) an additional one-year period of supervision past age 19 if 24 the continued supervision is in the best interests of the person and the person 25 consents to it; 26 (4) order the minor to make suitable restitution in lieu of or in addition 27 to the court's order under (1), (2), or (3) of this subsection; the court may not refuse 28 to make an order of restitution under this paragraph to benefit the victim of the act of 29 the minor that is the basis of the delinquency adjudication; 30 (5) order the minor committed to the department for placement in an 31 adventure based education program established under AS 47.21.020 with conditions
01 the court considers appropriate concerning release upon satisfactory completion of the 02 program or commitment under (1) of this subsection if the program is not satisfactorily 03 completed; or 04 (6) in addition to an order under (1) - (5) of this subsection, if the 05 delinquency finding is based on the minor's violation of AS 11.71.030(a)(3) or 06 11.71.040(a)(4), order the minor to perform 50 hours of community service; for 07 purposes of this paragraph, "community service" includes work 08 (A) on a project identified in AS 33.30.901; or 09 (B) that, on the recommendation of the city council or 10 traditional village council, would benefit persons within the city or village who 11 are elderly or disabled. 12 (c) If the court finds that the minor is not delinquent, it shall immediately 13 order the minor released from the department's custody and returned to the minor's 14 parents, guardian, or custodian, and dismiss the case. 15 (d) A minor found to be delinquent is a ward of the state while committed to 16 the department or the department has the power to supervise the minor's actions. The 17 court shall review an order made under (b) of this section annually, and may review 18 the order more frequently to determine if continued placement, probation, or 19 supervision, as it is being provided, is in the best interest of the minor and the public. 20 If annual review under this subsection would arise within 90 days of the hearing 21 required under (g) of this section, the court may postpone review under this subsection 22 until the time set for the hearing. The department, the minor, the minor's parents, 23 guardian, or custodian are entitled, when good cause is shown, to a review on 24 application. If the application is granted, the court shall afford these parties and their 25 counsel reasonable notice in advance of the review and hold a hearing where these 26 parties and their counsel shall be afforded an opportunity to be heard. The minor shall 27 be afforded the opportunity to be present at the review. 28 (e) The department shall pay all court costs incurred in all proceedings in 29 connection with the adjudication of delinquency under this chapter, including hearings 30 that result in the release of the minor. 31 (f) A minor, the minor's parents or guardian acting on the minor's behalf, or
01 the department may appeal a judgment or order, or the stay, modification, setting aside, 02 revocation, or enlargement of a judgment or order issued by the court under this 03 chapter. 04 (g) Within 18 months after the date a minor is committed to the custody of the 05 department under (b)(3) of this section, the court shall hold a hearing to review the 06 placement and services provided and to determine the future status of the minor. The 07 court shall make appropriate written findings, including findings related to the 08 following: 09 (1) whether the minor should be returned to the parent; 10 (2) whether the minor should remain in out-of-home care for a 11 specified period; 12 (3) whether the minor should remain in out-of-home care on a 13 permanent or long-term basis because of special needs or circumstances; 14 (4) whether the minor should be placed for adoption or legal 15 guardianship. 16 (h) Within 60 days after the date a minor is removed from the minor's home 17 by the department, the department shall notify the appropriate local citizen out-of-home 18 care review panel established under AS 47.14.220. 19 Sec. 47.12.130. PREDISPOSITION HEARING REPORTS. (a) Before the 20 disposition hearing of a delinquent minor, the department shall submit a predisposition 21 report with a recommended plan of treatment to aid the court in its selection of a 22 disposition, a victim impact statement reporting the information set out in 23 AS 12.55.022, and any further information that the court may request. In preparing the 24 predisposition report, the department shall contact the victim of the minor's offense. 25 (b) The court shall inform the minor, the minor's parents, and the attorneys 26 representing the parties and the guardian ad litem that the predisposition report will be 27 available to them not less than 10 days before the disposition hearing. 28 (c) In this section, "parents" means the natural or adoptive parents, and any 29 legal guardian, relative, or other adult person with whom the minor has resided and 30 who has acted as a parent in providing for the minor for a continuous period of time 31 before this action.
01 Sec. 47.12.140. COURT DISPOSITIONAL ORDER. (a) In making its 02 dispositional order under AS 47.12.120(b)(1) - (3) and (5), the court shall 03 (1) consider both the best interests of the minor and the interests of the 04 public, and, in doing so, the court shall take into account 05 (A) the seriousness of the minor's delinquent act, and the 06 attitude of the minor and the minor's parents toward that act; 07 (B) the minor's culpability as indicated by the circumstances of 08 the particular case; 09 (C) the age of the minor; 10 (D) the minor's prior criminal or juvenile record, and the 11 success or failure of any previous orders, dispositions, or placements imposed 12 on the minor; 13 (E) the effect of the dispositional order to be imposed in 14 deterring the child from committing other delinquent acts; 15 (F) the need to commit the minor to the department's custody 16 or to detain the minor in an institution or other suitable place in order to 17 prevent further harm to the public; 18 (G) the interest of the public in securing the minor's 19 rehabilitation; and 20 (H) the ability of the state to take custody of and to care for the 21 minor; and 22 (2) order the least restrictive alternative disposition for the minor; for 23 purposes of this paragraph, the "least restrictive alternative disposition" means that 24 disposition that is no more restrictive than is, in the judgment of the court, most 25 conducive to the minor's rehabilitation taking into consideration the interests of the 26 public. 27 Sec. 47.12.150. LEGAL CUSTODY, GUARDIANSHIP, AND RESIDUAL 28 PARENTAL RIGHTS AND RESPONSIBILITIES. (a) When a minor is committed 29 under AS 47.12.120(b)(1) or (3) to the department or released under 30 AS 47.12.120(b)(2) to the minor's parents, guardian, or other suitable person, a 31 relationship of legal custody exists. This relationship imposes on the department and
01 its authorized agents or the parents, guardian, or other suitable person the responsibility 02 of physical care and control of the minor, the determination of where and with whom 03 the minor shall live, the right and duty to protect, train, and discipline the minor, and 04 the duty of providing the minor with food, shelter, education, and medical care. These 05 obligations are subject to any residual parental rights and responsibilities and rights and 06 responsibilities of a guardian if one has been appointed. When a minor is committed 07 to the department and the department places the minor with the minor's parent, the 08 parent has the responsibility to provide and pay for food, shelter, education, and 09 medical care for the minor. When parental rights have been terminated, or there are 10 no living parents and a guardian has not been appointed, the responsibilities of legal 11 custody include those in (b) and (c) of this section. The department or person having 12 legal custody of the minor may delegate any of the responsibilities under this section, 13 except authority to consent to marriage, adoption, and military enlistment may not be 14 delegated. For purposes of this chapter, a person in charge of a placement setting is 15 an agent of the department. 16 (b) When a guardian is appointed for the minor, the court shall specify in its 17 order the rights and responsibilities of the guardian. The guardian may be removed 18 only by court order. The rights and responsibilities may include, but are not limited 19 to, having the right and responsibility of reasonable visitation, consenting to marriage, 20 consenting to military enlistment, consenting to major medical treatment, obtaining 21 representation for the minor in legal actions, and making decisions of legal or financial 22 significance concerning the minor. 23 (c) When there has been transfer of legal custody or appointment of a guardian 24 and parental rights have not been terminated by court decree, the parents shall have 25 residual rights and responsibilities. These residual rights and responsibilities of the 26 parent include the right and responsibility of reasonable visitation, consent to adoption, 27 consent to marriage, consent to military enlistment, consent to major medical treatment 28 except in cases of emergency or cases falling under AS 25.20.025, and the 29 responsibility for support, except if by court order any residual right and responsibility 30 has been delegated to a guardian under (b) of this section. 31 Sec. 47.12.160. RETENTION OF JURISDICTION OVER MINOR. (a) The
01 court retains jurisdiction over the case and may at any time stay execution, modify, set 02 aside, revoke, or enlarge a judgment or order, or grant a new hearing, in the exercise 03 of its power of protection over the minor and for the minor's best interest, for a period 04 of time not to exceed the maximum period otherwise permitted by law or in any event 05 extend past the day the minor becomes 19, unless sooner discharged by the court, 06 except that the department may apply for and the court may grant an additional one- 07 year period of supervision past age 19 if continued supervision is in the best interests of the 08 person and the person consents to it. An application for any of these purposes may be made 09 by the parent, guardian, or custodian acting in behalf of the minor, or the court may, on its 10 own motion, and after reasonable notice to interested parties and the appropriate department, 11 take action that it considers appropriate. 12 (b) If the court determines at a hearing authorized by (a) of this section that 13 it is for the best interests of the minor to be released to the care or custody of the 14 minor's parent, guardian, or custodian, it may enter an order to that effect and the 15 minor is discharged from the control of the department. 16 (c) If a minor is adjudicated a delinquent before the minor's 18th birthday, the 17 court may retain jurisdiction over the minor after the minor's 18th birthday for the 18 purpose of supervising the minor's rehabilitation, but the court's jurisdiction over the 19 minor under this chapter never extends beyond the minor's 19th birthday, except that 20 the department may apply for and the court may grant an additional one-year period 21 of supervision past age 19 if continued supervision is in the best interests of the person 22 and the person consents to it. The department may retain jurisdiction over the person 23 between the person's 18th and 19th birthdays for the purpose of supervising the 24 person's rehabilitation, if the person has been placed under the supervision of the 25 department before the person's 18th birthday, except that the department may apply for 26 and the court may grant an additional one-year period of supervision past age 19 if 27 continued supervision is in the best interests of the person and the person consents to 28 it. 29 Sec. 47.12.170. ENFORCEMENT OF RESTITUTION. When restitution is 30 ordered under AS 47.12.120(b)(4), the restitution recipient may enforce payment of the 31 restitution order against the minor under AS 09.35 as if the order were a civil
01 judgment enforceable by execution. This section does not limit the authority of the 02 court to enforce orders of restitution to victims. 03 Sec. 47.12.180. EFFECT OF ADJUDICATION. (a) Except as provided by 04 AS 47.12.170, an adjudication under this chapter upon the status of a minor 05 (1) may not operate to impose any of the civil disabilities ordinarily 06 imposed by conviction upon a criminal charge; 07 (2) does not operate to permit a minor afterward to be considered a 08 criminal by the adjudication; and 09 (3) does not operate to permit the adjudication to be afterward deemed 10 a conviction, nor may a minor be charged with or convicted of a crime in a court, 11 except as provided in this chapter. 12 (b) The commitment and placement of a minor and evidence given in the court 13 are not admissible as evidence against the minor in a subsequent case or proceedings 14 in any other court, nor does the commitment and placement or evidence operate to 15 disqualify a minor in a future civil service examination or appointment in the state. 16 Sec. 47.12.200. ARREST OF A MINOR. The arrest of a minor other than for 17 a traffic offense is not considered an arrest for any purpose except for the purpose of 18 the disposition of a proceeding arising out of that arrest. 19 Sec. 47.12.210. FINGERPRINTING OF MINORS. (a) A peace officer may 20 fingerprint a minor under the same circumstances as an adult may be fingerprinted. 21 (b) Fingerprint records taken under this section are not subject to 22 AS 47.12.310. 23 Sec. 47.12.220. APPOINTMENT OF GUARDIAN OR CUSTODIAN. When, 24 in the course of a proceeding under this chapter, it appears to the court that the welfare 25 of a minor will be promoted by the appointment of a guardian or custodian of the 26 minor's person or property, the court may make the appointment. The court shall have 27 a summons issued and served upon the parents of the minor, if they can be found, in 28 a manner and within a time before the hearing that the court considers reasonable. 29 The court may determine whether the father, mother, or the department shall have the 30 custody and control of the minor. If the minor is of sufficient age and intelligence to 31 state desires, the court shall consider them. The court may order either or both parents
01 to pay support for the minor's care to the guardian, custodian, or department. 02 Sec. 47.12.230. SUPPORT OF MINOR. (a) When a delinquent minor is 03 committed under this chapter, the court shall, after giving the parent a reasonable 04 opportunity to be heard, adjudge that the parent pay to the department in a manner that 05 the court directs a sum to cover in full or in part the maintenance and care of the 06 minor. The support obligation shall be calculated under Rule 90.3(i) of the Alaska 07 Rules of Civil Procedure. 08 (b) If a parent wilfully fails or refuses to pay the sum fixed, the parent may 09 be proceeded against as provided by law in cases of family desertion and nonsupport. 10 (c) The sum collected from a parent under this section shall be directly 11 credited to the general fund of the state. 12 Sec. 47.12.240. DETENTION OF MINORS. (a) When the court commits a 13 minor to the custody of the department, the department shall arrange to place the 14 minor in a detention home, work camp, or another suitable place that the department 15 designates for that purpose. Except when detention in a correctional facility is 16 authorized by (c) of this section, the minor may not be incarcerated in a correctional 17 facility that houses adult prisoners. 18 (b) When a minor is detained under this chapter, the person having 19 responsibility for the facility in which the minor is detained shall immediately make 20 reasonable attempts to notify the minor's parent, guardian, or custodian of the minor's 21 detention. 22 (c) Notwithstanding (a) of this section, a minor may be incarcerated in a 23 correctional facility 24 (1) if the minor is the subject of a petition filed with the court under 25 this chapter seeking adjudication of the minor as a delinquent minor or if the minor 26 is in official detention pending the filing of that petition; however, detention in a 27 correctional facility under this paragraph may not exceed the lesser of 28 (A) six hours; or 29 (B) the time necessary to arrange the minor's transportation to 30 a juvenile detention home or comparable facility for the detention of minors; 31 (2) if, in response to a petition of delinquency filed under this chapter,
01 the court has entered an order closing the case under AS 47.12.100(a), allowing the 02 minor to be prosecuted as an adult; or 03 (3) if the incarceration constitutes a protective custody detention of the 04 minor that is authorized by AS 47.37.170(b). 05 (d) When a minor is detained under (c)(1) or (3) of this section and 06 incarcerated in a correctional facility, the minor shall be 07 (1) assigned to quarters in the correctional facility that are separate 08 from quarters used to house adult prisoners so that the minor cannot communicate with 09 or view adults who are in official detention; 10 (2) provided admission, health care, hygiene, and food services and 11 recreation and visitation opportunities separate from services and opportunities 12 provided to adults who are in official detention. 13 (e) Notwithstanding the limitation on detention set out in (c)(1) of this section, 14 a minor whose detention is authorized by (c)(1) of this section may be detained in a 15 correctional facility for more than six hours if transportation to a juvenile detention 16 home or comparable facility for the detention of minors is not available. The minor's 17 detention for more than six hours is authorized by this subsection only if the person 18 having responsibility for the facility in which the minor is detained 19 (1) documents the reason that transportation of the minor to a juvenile 20 detention home or comparable facility is not available; and 21 (2) during the minor's detention, after learning that transportation is not 22 available, promptly notifies the appropriate officials or employees of the department 23 and the Alaska Court System of the lack of available transportation. 24 (f) A detention authorized by (e) of this section may not exceed the time 25 necessary to satisfy the requirement of (c)(1)(B) of this section. 26 (g) The provisions of AS 47.37.170(i) apply to a minor incarcerated in a 27 correctional facility when authorized by (c)(3) of this section. 28 (h) In this section, 29 (1) "correctional facility" has the meaning given in AS 33.30.901 30 whether the facility is operated by the state, a municipality, a village, or another entity; 31 (2) "official detention" has the meaning given in AS 11.81.900.
01 Sec. 47.12.250. TEMPORARY DETENTION AND DETENTION HEARING. 02 (a) A peace officer may arrest a minor who violates a law or ordinance in the peace 03 officer's presence, or whom the peace officer reasonably believes is a fugitive from 04 justice. A peace officer may continue a lawful arrest made by a citizen. The peace 05 officer may have the minor detained in a juvenile detention facility if in the opinion 06 of the peace officer making or continuing the arrest it is necessary to do so to protect 07 the minor or the community. 08 (b) A peace officer who has a minor detained under (a) of this section shall 09 immediately, and in no event more than 12 hours later, notify the court and make 10 reasonable efforts to notify the minor's parents or guardian and the department of the 11 officer's action. The department may file with the court a petition alleging delinquency 12 before the detention hearing. 13 (c) The court shall immediately, and in no event more than 48 hours later, hold 14 a hearing at which the minor and the minor's parents or guardian if they can be found 15 shall be present. The court shall determine whether probable cause exists for believing 16 the minor to be delinquent. The court shall inform the minor of the reasons alleged 17 to constitute probable cause and the reasons alleged to authorize the minor's detention. 18 The minor is entitled to counsel and to confrontation of adverse witnesses. 19 (d) If the court finds that probable cause exists, it shall determine whether the 20 minor should be detained pending the hearing on the petition or released. It may 21 either order the minor held in detention or released to the custody of a suitable person 22 pending the hearing on the petition. If the court finds no probable cause, it shall order 23 the minor released and close the case. 24 (e) Except for temporary detention pending a detention hearing, a minor may 25 be detained only by court order. 26 Sec. 47.12.260. RELEASING MINORS AFTER COMMITMENT. A minor 27 found to be a juvenile delinquent who by conduct gives sufficient evidence of having 28 reformed may be released at any time under the conditions and regulations that the 29 department considers proper, if it appears to the satisfaction of the department that 30 there is a reasonable probability that the minor will remain at liberty without violating 31 the law.
01 Sec. 47.12.270. YOUTH COUNSELORS. The department may employ youth 02 counselors. Youth counselors shall exercise the duties of probation officers and shall 03 prepare preliminary investigations for the information of the court. They shall also 04 carry out other duties in the care and treatment of minors that are consistent with the 05 intent of this chapter. Youth counselors have the powers of a peace officer with 06 respect to the service of process, the making of arrests of minors who violate state or 07 municipal law, and the execution of orders of the court relating to juveniles, and shall 08 assist and advise the courts in the furtherance of the welfare and control of minors 09 under the court's jurisdiction. 10 ARTICLE 2. INFORMATION AND RECORDS. 11 Sec. 47.12.300. COURT RECORDS. (a) The court shall make and keep 12 records of all cases brought before it. 13 (b) The court shall forward a record of adjudication of a violation of an 14 offense listed in AS 28.15.185(a) to the Department of Public Safety if the court 15 imposes a license revocation under AS 28.15.185. 16 (c) The name or picture of a minor under the jurisdiction of the court may not 17 be made public in connection with the minor's status as a delinquent unless authorized 18 by order of the court. 19 (d) Within 30 days of the date of a minor's 18th birthday or, if the court 20 retains jurisdiction of a minor past the minor's 18th birthday, within 30 days of the 21 date on which the court releases jurisdiction over the minor, the court shall order all 22 the court's official records pertaining to that minor in a proceeding under this chapter 23 sealed, as well as records of all driver's license proceedings under AS 28.15.185, 24 criminal proceedings against the minor, and punishments assessed against the minor. 25 A person may not use these sealed records for any purpose except that the court may 26 order their use for good cause shown or may order their use by an officer of the court 27 in making a presentencing report for the court. The provisions of this subsection 28 relating to the sealing of records do not apply to records of traffic offenses. 29 (e) The court's official records under this chapter may be inspected only with 30 the court's permission and only by persons having a legitimate interest in them. A 31 person with a legitimate interest in the inspection of an official record maintained by
01 the court includes a victim who suffered physical injury or whose real or personal 02 property was damaged as a result of an offense that was the basis of an adjudication 03 or modification of disposition. If the victim knows the identity of the minor, identifies 04 the minor or the offense to the court, and certifies that the information is being sought 05 to consider or support a civil action against the minor or against the minor's parents 06 or guardians under AS 34.50.020, the court shall, subject to AS 12.61.110 and 07 12.61.140, allow the victim to inspect and use the following records and information 08 in connection with the civil action: 09 (1) a petition filed under AS 47.12.040(a) seeking to have the court 10 declare the minor a delinquent; 11 (2) a petition filed under AS 47.12.120 seeking to have the court 12 modify or revoke the minor's probation; 13 (3) a petition filed under AS 47.12.100 requesting the court to find that 14 a minor is not amenable to treatment under this chapter and that results in closure of 15 a case under AS 47.12.100(a); and 16 (4) a court judgment or order entered under this chapter that disposes 17 of a petition identified in (1) - (3) of this subsection. 18 (f) A person who has been tried as an adult under AS 47.12.100(a), or the 19 department on the person's behalf, may petition the superior court to seal the records 20 of all criminal proceedings, except traffic offenses, initiated against the person, and all 21 punishments assessed against the person, while the person was a minor. A petition 22 under this subsection may not be filed until five years after the completion of the 23 sentence imposed for the offense for which the person was tried as an adult. If the 24 superior court finds that its order has had its intended rehabilitative effect and further 25 finds that the person has fulfilled all orders of the court entered under AS 47.12.120, 26 the superior court shall order the record of proceedings and the record of punishments 27 sealed. Sealing the records restores civil rights removed because of a conviction. A 28 person may not use these sealed records for any purpose except that the court may 29 order their use for good cause shown or may order their use by an officer of the court 30 in making a presentencing report for the court. The court may not, under this 31 subsection, seal records of a criminal proceeding
01 (1) initiated against a person if the court finds that the person has not 02 complied with a court order made under AS 47.12.120; or 03 (2) commenced under AS 47.12.030(a) unless the minor has been 04 acquitted of all offenses with which the minor was charged or unless the most serious 05 offense of which the minor was convicted was not an offense specified in 06 AS 47.12.030(a). 07 Sec. 47.12.310. AGENCY RECORDS. (a) Except as specified in 08 AS 47.12.320 and (b) - (g) of this section, all information and social records pertaining 09 to a minor who is subject to this chapter or AS 47.17 prepared by or in the possession 10 of a federal, state, or municipal agency or employee in the discharge of the agency's 11 or employee's official duty, including driver's license actions under AS 28.15.185, are 12 privileged and may not be disclosed directly or indirectly to anyone without a court 13 order. 14 (b) A state or municipal agency or employee may disclose information 15 regarding a case to 16 (1) a guardian ad litem appointed by the court or to a citizen review 17 panel for permanency planning authorized by AS 47.14.200 - 47.14.220; 18 (2) a person or an agency requested to provide consultation or services 19 for a minor who is subject to the jurisdiction of the court under this chapter; 20 (3) school officials as may be necessary to protect the safety of school 21 students and staff; 22 (4) a governmental agency as may be necessary to obtain that agency's 23 assistance for the department in its investigation or to obtain physical custody of a 24 minor; 25 (5) a state or municipal law enforcement agency as may be necessary 26 for a specific investigation being conducted by that agency or for disclosures by that 27 agency to protect the public safety; and 28 (6) a victim as may be necessary to inform the victim about the 29 disposition or resolution of a case involving a minor. 30 (c) A state or municipal law enforcement agency 31 (1) shall disclose information regarding a case that is needed by the
01 person or agency charged with making a preliminary investigation for the information 02 of the court under this chapter; 03 (2) may disclose to the public information regarding a criminal offense 04 in which a minor is a suspect, victim, or witness if the minor is not identified by the 05 disclosure; 06 (3) may disclose to school officials information regarding a case as may 07 be necessary to protect the safety of school students and staff; 08 (4) may disclose to the public information regarding a case as may be 09 necessary to protect the safety of the public; and 10 (5) may disclose to a victim information, including copies of reports, 11 as necessary for civil litigation or insurance claims pursued by or against the victim. 12 (d) Upon request of a victim, the department shall make every reasonable 13 effort to notify the victim as soon as practicable in writing when a delinquent minor 14 is to be released from placement in a juvenile facility under AS 47.12.120(b)(1). The 15 notice under this subsection must include the expected date of the delinquent minor's 16 release, the geographic area in which the delinquent minor is required to reside, and 17 other pertinent information concerning the delinquent minor's conditions of release that 18 may affect the victim. 19 (e) A person may authorize the department to release information to the 20 military or to a prospective employer about the existence of a delinquency adjudication 21 against that person under this chapter and the offense on which it was based. 22 (f) The department may release to a person with a legitimate interest 23 information relating to minors not subject to the jurisdiction of the court under this 24 chapter. The department shall adopt regulations governing the release of information 25 and identifying a sufficient legitimate interest. 26 (g) The department and affected law enforcement agencies shall work with 27 school districts and private schools to develop procedures for the disclosure of 28 information to school officials under (b)(3) and (c)(3) of this section. The procedures 29 must provide a method for informing the principal or the principal's designee of the 30 school the student attends as soon as it is reasonably practicable. 31 (h) Notwithstanding (c)(3) of this section, a state or municipal law enforcement
01 agency is not required to notify the appropriate school official of a school district or 02 school under (c) of this section if the agency determines that notice would jeopardize 03 an ongoing investigation. 04 (i) In this section, "school" means a public or private elementary or secondary 05 school. 06 (j) A person who discloses confidential information in violation of this section 07 is guilty of a class B misdemeanor. 08 Sec. 47.12.320. PARENTAL RIGHT TO DISCLOSE INFORMATION. (a) 09 Notwithstanding AS 47.12.300 and 47.12.310, a parent or legal guardian of a minor 10 subject to a proceeding under this chapter may disclose confidential or privileged 11 information about the minor, including information that has been lawfully obtained 12 from agency or court files, to the governor, the lieutenant governor, a legislator, the 13 ombudsman appointed under AS 24.55, the attorney general, and the commissioners 14 of health and social services, administration, or public safety, or an employee of these 15 persons, for review or use in their official capacities. A person to whom disclosure 16 is made under this section may not disclose confidential or privileged information 17 about the minor to a person not authorized to receive it. 18 (b) The disclosure right under (a) of this section is in addition to, and not in 19 derogation of, the rights of a parent or legal guardian of a minor. 20 (c) A person who violates a provision of this section is guilty of a 21 misdemeanor and upon conviction is punishable for the violation in the manner 22 authorized under AS 12.55 for a class B misdemeanor. 23 ARTICLE 3. YOUTH COURTS. 24 Sec. 47.12.400. YOUTH COURTS. (a) The department may use youth courts 25 to hear, determine, and dispose of cases involving a minor whose alleged act that 26 brings the minor within the jurisdiction of AS 47.12.010 - 47.12.260 constitutes a 27 violation of a state law that is a misdemeanor or a violation or that constitutes a 28 violation of a municipal ordinance that prescribes a penalty not exceeding the penalties 29 for a class A misdemeanor under state law. 30 (b) Unless otherwise directed by the commissioner, the jurisdiction of a youth 31 court is coextensive with the boundaries of the municipality in which the youth court
01 is located. Only one youth court may be established within the boundaries of a 02 municipality. Nothing in this subsection prohibits two or more municipalities from 03 operating a single youth court for the municipalities by agreement between them. 04 (c) A nonprofit corporation may obtain recognition from the commissioner to 05 serve as a youth court. The corporation may exercise only the powers that are 06 delegated to a youth court by the commissioner, and shall exercise those powers as 07 authorized by the corporation's articles of incorporation and bylaws. The bylaws of 08 the corporation must set out standards and procedures by which the corporation, in its 09 capacity as a youth court, 10 (1) establishes a system by which the minor may be held accountable 11 for the conduct that brings the minor within the jurisdiction of the youth court by 12 being tried, represented, and adjudicated by the minor's peers; 13 (2) guarantees the constitutional rights of the minor that are guaranteed 14 by the state and federal constitutions; 15 (3) may secure jurisdiction over a minor; the youth court may secure 16 jurisdiction over the minor only with the consent of the minor and the agreement of 17 the minor's legal custodian; 18 (4) sets out the process for disposing of matters referred to it for 19 resolution; 20 (5) provides a process for appeal of a verdict or sentence, and defines 21 the basis for appeals; 22 (6) reserves the right to refer to the department, under AS 47.12.060(a), 23 a matter transmitted to the youth court for disposition in which the minor fails, without 24 good cause, to comply with all requirements ordered by the youth court as a part of 25 sentence imposed on the minor; and 26 (7) prepares and delivers a report of the disposition of the matter 27 referred to it for resolution to the commissioner. 28 (d) Subject to the privileges that witnesses have in the courts of this state, the 29 commissioner may compel by subpoena, at a specified time and place, the 30 (1) appearance and sworn testimony of a person who the commissioner 31 reasonably believes may be able to give information relating to a matter before a youth
01 court; and 02 (2) production by a person of a record or object that the commissioner 03 reasonably believes may relate to a matter before a youth court. 04 (e) If a person refuses to comply with a subpoena issued under (d) of this 05 section, the superior court may, upon application of the commissioner, compel 06 obedience by proceedings for contempt in the same manner as in the case of 07 disobedience to the requirements of a subpoena issued by the court or refusal to testify 08 in the court. 09 (f) The commissioner shall make and keep records of all cases referred to a 10 youth court. The records of a youth court proceeding 11 (1) relating to a minor who complies with all requirements ordered by 12 the youth court as a part of sentence imposed on the minor shall be sealed by the 13 commissioner and may not be used for any purpose; and 14 (2) except as to a record described in (1) of this subsection, shall be 15 afforded at least the same protection and are subject to at least the same procedural 16 safeguards in matters relating to access, use, and security as they would be under 17 AS 47.12.310. 18 ARTICLE 4. GENERAL PROVISIONS. 19 Sec. 47.12.980. GRANTS-IN-AID. The department may accept grants-in-aid 20 from the federal government or private foundations and may accept other gifts 21 consistent with the purposes of this chapter. 22 Sec. 47.12.990. DEFINITIONS. In this chapter, unless the context otherwise 23 requires, 24 (1) "commissioner" means the commissioner of health and social 25 services; 26 (2) "court" means the superior court of the state; 27 (3) "crime against a person" means an offense set out in AS 11.41; 28 (4) "delinquent minor" means a minor found to be within the 29 jurisdiction of the court under AS 47.12.020; 30 (5) "department" means the Department of Health and Social Services; 31 (6) "juvenile detention facility" means separate quarters within a city
01 jail used for the detention of delinquent minors; 02 (7) "juvenile detention home" or "detention home" is a separate 03 establishment, exclusively devoted to the detention of minors on a short-term basis and 04 not a part of an adult jail; 05 (8) "juvenile work camp" means a separate residential establishment, 06 exclusively devoted to the detention of minors, in which the minors who are 16 years 07 of age or older and committed to the custody of the department and placed in the 08 facility may be required to labor on the buildings and grounds or perform any other 09 work or engage in any activities that do not conflict with regulations adopted by the 10 Department of Health and Social Services under this chapter for the care, 11 rehabilitation, education, and discipline of minors in detention; 12 (9) "minor" means a person under 18 years of age; 13 (10) "peace officer" has the meaning given in AS 11.81.900; 14 (11) "treatment facility" means a hospital, clinic, institution, center, or 15 other health care facility that has been designated by the department for the treatment 16 of juveniles; 17 (12) "victim" has the meaning given in AS 12.55.185. 18 * Sec. 51. AS 47 is amended by adding a new chapter to read: 19 CHAPTER 14. JUVENILE PROGRAMS AND INSTITUTIONS. 20 ARTICLE 1. JUVENILE INSTITUTIONS. 21 Sec. 47.14.010. GENERAL POWERS OF DEPARTMENT OVER JUVENILE 22 INSTITUTIONS. The department may 23 (1) purchase, lease, or construct buildings or other facilities for the 24 care, detention, rehabilitation, and education of children in need of aid or delinquent 25 minors; 26 (2) adopt plans for construction of juvenile homes, juvenile work 27 camps, juvenile detention facilities, and other juvenile institutions; 28 (3) adopt standards and regulations for the design, construction, repair, 29 maintenance, and operation of all juvenile detention homes, work camps, facilities, and 30 institutions; 31 (4) inspect periodically each juvenile detention home, work camp,
01 facility, or other institution to ensure that the standards and regulations adopted are 02 being maintained; 03 (5) reimburse cities maintaining and operating juvenile detention 04 homes, work camps, and facilities; 05 (6) enter into contracts and arrangements with cities and state and 06 federal agencies to carry out the purposes of AS 47.10, AS 47.12, and this chapter; 07 (7) do all acts necessary to carry out the purposes of AS 47.10, 08 AS 47.12, and this chapter; 09 (8) adopt the regulations necessary to carry out AS 47.10, AS 47.12, 10 and this chapter; 11 (9) accept donations, gifts, or bequests of money or other property for 12 use in construction of juvenile homes, work camps, institutions, or detention facilities; 13 (10) operate juvenile homes when municipalities are unable to do so; 14 (11) receive, care for, and place in a juvenile detention home, the 15 minor's own home, a foster home, or a correctional school, work camp, or treatment 16 institution all minors committed to its custody under AS 47.10, AS 47.12, and this 17 chapter. 18 Sec. 47.14.020. DUTIES OF DEPARTMENT. The department shall 19 (1) accept all minors committed to the custody of the department and 20 all minors who are involved in a written agreement under AS 47.14.100(c), and 21 provide for the welfare, control, care, custody, and placement of these minors in 22 accordance with this chapter; 23 (2) require and collect statistics on juvenile offenses and offenders in 24 the state; 25 (3) conduct studies and prepare findings and recommendations on the 26 need, number, type, construction, maintenance, and operating costs of juvenile homes, 27 work camps, facilities, and the other institutions, and adopt and submit a plan for 28 construction of the homes, work camps, facilities, and institutions when needed, 29 together with a plan for financing the construction programs; 30 (4) examine, where possible, all facilities, institutions, work camps, and 31 places of juvenile detention in the state and inquire into their methods and the
01 management of juveniles in them. 02 Sec. 47.14.030. USE OF STANDARDIZED FORM BY FACILITIES. For the 03 purpose of collecting statistics, the department shall establish and require state and 04 local agencies that operate a jail or other detention facility to use a standardized form 05 to keep a record and report the admission of a minor. The record shall be limited to 06 the name of the minor admitted, the minor's date of birth, the specific offense for 07 which the minor was admitted, the date and time admitted, the date and time released, 08 the sex of the minor, the ethnic origin of the minor, and other information required by 09 federal law. Except for the notation of the date and time of the minor's release, the 10 record shall be prepared at the time of the minor's admission. Unless otherwise 11 provided by law, information and records obtained under this subsection are 12 confidential and are not public records. They may be disclosed only for the purpose 13 of compiling statistics and in a manner that does not reveal the identity of the minor. 14 Sec. 47.14.040. AUTHORITY TO MAINTAIN AND OPERATE HOME, 15 WORK CAMP, OR FACILITY. (a) A city may maintain and operate a juvenile 16 detention facility, and a city or a nonprofit corporation may maintain and operate a 17 juvenile detention home or a juvenile work camp. 18 (b) The city or nonprofit corporation may receive grants-in-aid from the state 19 for costs of operation of the homes, work camps, or facilities maintained and operated 20 under (a) of this section. 21 Sec. 47.14.050. OPERATION OF HOMES AND FACILITIES. (a) The 22 department shall adopt standards and regulations for the operation of 23 (1) juvenile detention homes and juvenile detention facilities in the 24 state; and 25 (2) juvenile work camps in the state; the regulations adopted under this 26 paragraph must provide a means by which to ensure that a minor who is placed in a 27 work camp 28 (A) is in good physical and mental condition and able to 29 perform the work and engage in the activities that may be required of the 30 minor; 31 (B) does not present a danger to the physical safety of other
01 minors who are placed in the work camp. 02 (b) The department may enter into contracts with cities and other governmental 03 agencies for the detention of juveniles before and after commitment by juvenile 04 authorities. A contract may not be made for longer than one year. 05 ARTICLE 2. CARE OF CHILDREN. 06 Sec. 47.14.100. POWERS AND DUTIES OF DEPARTMENT OVER CARE 07 OF CHILD. (a) Subject to (e) and (f) of this section, the department shall arrange for 08 the care of every child committed to its custody by placing the child in a foster home 09 or in the care of an agency or institution providing care for children inside or outside 10 the state. The department may place a child in a suitable family home, with or without 11 compensation, and may place a child released to it, in writing verified by the parent, 12 or guardian or other person having legal custody, for adoptive purposes, in a home for 13 adoption in accordance with existing law. 14 (b) The department may pay the costs of maintenance that are necessary to 15 assure adequate care of the child, and may accept funds from the federal government 16 that are granted to assist in carrying out the purposes of this chapter, or that are paid 17 under contract entered into with a federal department or agency. A child under the 18 care of the department may not be placed in a family home or institution that does not 19 maintain adequate standards of care. 20 (c) The department may receive, care for, and make appropriate placement of 21 minors accepted for care for a period of up to six months on the basis of an individual 22 voluntary written agreement between the minor's parent, legal guardian, or other 23 person having legal custody and the department. The agreement must include 24 provisions for payment of fees under AS 44.29.022 to the department for the minor's 25 care and treatment. The agreement entered into may not prohibit a minor's parent, 26 legal guardian, or other person who had legal custody from regaining care of the minor 27 at any time. 28 (d) In addition to money paid for the maintenance of foster children under (b) 29 of this section, the department 30 (1) shall pay the costs of caring for physically or mentally handicapped 31 foster children, including the additional costs of medical care, habilitative and
01 rehabilitative treatment, services and equipment, special clothing, and the indirect costs 02 of medical care, including child care and transportation expenses; 03 (2) may pay for respite care; in this paragraph, "respite care" means 04 child care for the purpose of providing 05 (A) temporary relief from the stresses of caring for a foster 06 child who has a physical or mental disability or a physical or mental 07 impairment; in this subparagraph, 08 (i) "physical or mental disability" has the meaning given 09 in AS 18.80.300(12)(A), (B), and (D); and 10 (ii) "physical or mental impairment" has the meaning 11 given in AS 18.80.300; and 12 (B) protection for the child when the foster parent is 13 (i) away from the home because of an emergency and 14 other care is not available for the child; or 15 (ii) on vacation and the child, because of age or 16 infirmity, cannot be placed in any other type of temporary care facility; 17 and 18 (3) may pay a subsidized guardianship payment under AS 25.23.210 19 when a foster child's foster parents or other persons approved by the department 20 become court-appointed legal guardians of the child. 21 (e) A child may not be placed in a foster home or in the care of an agency or 22 institution providing care for children if a blood relative exists who requests custody 23 of the child. However, the department may retain custody of the child and provide for 24 its placement in the same manner as for other children if it makes a determination, 25 supported by clear and convincing evidence, that the custody of the child by the blood 26 relative will result in physical or emotional damage. In making that determination, 27 poverty, including inadequate or crowded housing, on the part of the blood relative, 28 is not considered prima facie evidence that physical or emotional damage to the child 29 will occur. This determination may be appealed to the superior court to hear the 30 matter de novo. 31 (f) If a blood relative of the child specified under (e) of this section exists and
01 agrees that the child should be placed elsewhere, before placement elsewhere, the 02 department shall fully communicate the nature of the placement proceedings to the 03 relative. Communication under this subsection shall be made in the relative's native 04 language, if necessary. Nothing in this subsection or in (e) of this section applies to 05 child placement for adoptive purposes. 06 (g) The department may enter into agreements with Alaska Native villages or 07 Native organizations under 25 U.S.C. 1919 (Indian Child Welfare Act of 1978) 08 respecting the care and custody of Native children and jurisdiction of Native child 09 custody proceedings. 10 (h) The department may not pay for respite care, as defined in (d) of this 11 section, unless the department or the entity that has contracted with the department to 12 provide the respite care requests records under AS 12.62.035(a) for the individual who 13 provides the respite care within 10 business days after the individual is hired to 14 provide respite care and reviews the records within five business days after receiving 15 them. 16 Sec. 47.14.110. DEPARTMENT INSPECTIONS; REPORTS BY FOSTER 17 HOMES AND INSTITUTIONS. (a) A representative of the department shall visit, 18 as often as is considered necessary, every foster home or institution in which a child 19 is placed, and, if not satisfied as to the care given, may remove the child from the 20 foster home or institution and place the child elsewhere. 21 (b) The person or institution receiving a child shall submit the reports the 22 department requires as to the education, health, and welfare of the child and the 23 conditions under which the child is living. 24 Sec. 47.14.120. STANDARDS OF CARE. The department shall establish 25 standards of care and adopt regulations desirable for the welfare of every child under 26 its care. 27 Sec. 47.14.130. PAYMENT OF COSTS. The department shall pay the proper 28 and necessary costs of the court and witnesses and other expenses necessarily incurred 29 in the enforcement of AS 47.14.100 - 47.14.130. 30 ARTICLE 3. CITIZENS' REVIEW PANEL FOR 31 PERMANENCY PLANNING.
01 Sec. 47.14.200. CITIZENS' REVIEW PANEL FOR PERMANENCY 02 PLANNING. (a) There is created in the Department of Administration the Citizens' 03 Review Panel for Permanency Planning. The state panel consists of five voting 04 members appointed by the governor from among present members of local citizen 05 review panels established under AS 47.14.220. The governor shall appoint at least one 06 voting state panel member from each judicial district. The governor may not appoint 07 a person who has committed a felony or violated AS 11.51.130 or a law with 08 substantially similar elements. The panel also includes the following five nonvoting 09 members who serve ex officio or their designees: the commissioner of health and 10 social services, the director of the office of public advocacy, the attorney general, the 11 public defender appointed under AS 18.85.030, and the chief justice of the Alaska 12 Supreme Court. 13 (b) Appointed members of the state panel serve at the pleasure of the governor 14 for staggered terms of three years or until their successors are appointed. 15 (c) The voting members of the state panel shall elect from among the voting 16 members a chair who shall serve for one year. Three voting members of the state 17 panel constitute a quorum for the transaction of business. The panel may not take 18 official action without the affirmative vote of at least three of its members. 19 (d) Members of the state panel are entitled to reimbursement for actual 20 expenses necessary to perform their duties as state panel members. The reimbursement 21 may not exceed the amount of per diem and expenses authorized for boards and 22 commissions under AS 39.20.180. 23 (e) The state panel shall meet twice annually. Meetings may take place 24 telephonically. 25 (f) The state panel may employ a program coordinator who shall serve at the 26 pleasure of the state panel. The program coordinator shall employ staff as necessary 27 to carry out the program coordinator's duties under state panel directives and to 28 provide clerical assistance to local panels. 29 Sec. 47.14.210. DUTIES OF THE STATE PANEL. The state panel shall 30 (1) by regulation adopt policies and procedures to carry out its duties 31 and to govern the performance of the duties of the local panels established under
01 AS 47.14.220; 02 (2) ensure that local panel members receive the minimum level of 03 training necessary to effectively carry out their duties; 04 (3) coordinate and review the activities of the local panels and make 05 recommendations to the governor on appointments to the local panels; 06 (4) prepare a report annually, by the 10th day of each regular session 07 of the legislature, concerning the activities of the state and local panels during the 08 previous fiscal year; the report must include the number of cases reviewed by each 09 local panel, a description of the characteristics of the children whose cases were 10 reviewed by the panels, the number of children reunited with their families, the number 11 of children placed in other permanent homes, and recommendations and justifications 12 for program improvement, including recommendations relating to state agencies and 13 to the panel review system; the report may contain other information on the experience 14 of the local panels; the state panel shall notify the legislature that the report is 15 available. 16 Sec. 47.14.220. APPOINTMENT OF LOCAL PANELS. (a) The governor 17 shall appoint for each judicial district a local citizen out-of-home care review panel 18 composed of five members and two alternates who are residents of the judicial district. 19 Members shall serve three-year terms except that, when a local panel is initially 20 appointed, two members shall be appointed for three-year terms, two members for two- 21 year terms, and one member for a one-year term. Alternates shall be appointed to three-year 22 terms. 23 (b) The governor shall appoint to a local panel persons who have training, 24 experience, special knowledge, or a demonstrated interest in the welfare of children. 25 An out-of-home care provider or a person employed by the court system, the 26 department, the office of public advocacy, the Public Defender Agency, or the 27 Department of Law may not serve as a member or alternate member of a local panel. 28 The governor may not appoint a person who has committed a felony or violated 29 AS 11.51.130 or a law with substantially similar elements. 30 (c) The composition of a local panel must be reasonably representative of the 31 various social, economic, racial, ethnic, and cultural groups of the district from which
01 the members are appointed. 02 (d) If the state panel determines that additional local panels are necessary in 03 a judicial district because of excessively large or complex caseloads for review or 04 because of the demographics of cases, or determines that a local panel is not necessary 05 because of a reduced caseload, the governor may create or dissolve a local panel. The 06 governor may not reduce the number of panels in a judicial district to fewer than one. 07 Appointments to a panel established under this subsection are governed by (a) - (c) of 08 this section. 09 (e) When a person is appointed to serve on a local panel, the person shall 10 swear or affirm to keep confidential all information that comes before the local panel 11 except for nonidentifying case information included in a report to the state panel, 12 information for reports required under AS 47.17, or as required by court order for good 13 cause shown. A local panel member may also share confidential information with 14 other members of the local panel and staff who serve the local panel. 15 Sec. 47.14.230. MEETINGS; EXPENSES. (a) A local panel shall conduct 16 its meetings in the judicial district in which its members reside. 17 (b) The local panel shall elect one of its members to serve as chair for a term 18 of one year. 19 (c) A majority of the members of a local panel constitutes a quorum. A panel 20 may not take official action without the affirmative vote of at least three of its 21 members. 22 (d) A local panel member is not eligible for travel expenses, per diem, or other 23 expenses for service on the local panel unless the state panel requires a local panel 24 member to travel to attend a meeting. If the state panel requires a local panel member 25 to travel to attend a meeting, the local panel member is entitled to reimbursement for 26 actual expenses incurred by the member in attending the meeting, except that the 27 reimbursement may not exceed the amount of per diem and expenses authorized for 28 boards and commissions under AS 39.20.180. 29 Sec. 47.14.240. DUTIES OF LOCAL PANEL. (a) A local panel shall review 30 the case plan of each child in the custody of the department who is in a placement 31 other than the child's own home under AS 47.10.080(c)(1) or (3), 47.10.142,
01 AS 47.12.120(b)(3), or AS 47.14.100(c) if the case is under the jurisdiction of a court 02 in the judicial district served by the panel. A local panel may request a local panel in 03 another judicial district to conduct a review and make a report if that local panel is 04 more convenient for the child and other persons involved. 05 (b) The local panel shall review a case as required under 42 U.S.C. 671 - 675 06 (P.L. 96-272) within 180 days after the day the child is initially removed from the 07 child's home and every six months thereafter. A court review may be substituted for 08 a review required under this subsection if the court review meets the requirements of 09 this subsection. 10 (c) At least 30 days before it begins a review, the local panel shall provide 11 written notice to the following persons that a review will be conducted and that each 12 person notified may participate in the review: 13 (1) the department; 14 (2) the child or the child's legal representative; 15 (3) the child's parents; 16 (4) the child's guardian; 17 (5) the child's guardian ad litem; 18 (6) the child's out-of-home care provider; and 19 (7) if the case is governed by 25 U.S.C. 1901 - 1963 (Indian Child 20 Welfare Act), 21 (A) the child's Indian custodian; and 22 (B) the designated representative of the child's Indian tribe if 23 the tribe has intervened in the case. 24 (d) In reviewing a case, the local panel shall consider the case plan and any 25 progress report of the department or the child's guardian ad litem, court records, and 26 other relevant information about the child and the child's family. The local panel shall 27 also provide to the following persons an opportunity to be interviewed by the panel in 28 person or by telephone or to provide written material to the panel: 29 (1) the child whose case is being reviewed if the child is 10 years of 30 age or older; 31 (2) the parents, custodians, or other relatives of the child;
01 (3) the child's out-of-home care provider; 02 (4) the child's guardian; 03 (5) the child's guardian ad litem; 04 (6) the case worker or social worker assigned to the case; 05 (7) if the case is governed by 25 U.S.C. 1901 - 1963 (Indian Child 06 Welfare Act), 07 (A) the child's Indian custodian; and 08 (B) the designated representative of the child's Indian tribe if 09 the tribe has intervened in the case; and 10 (8) other persons with a close personal knowledge of the case. 11 (e) At the discretion of the child's guardian ad litem, if the child whose case 12 is being reviewed is under 10 years of age, the child may be present at interviews 13 conducted under (d) of this section and during review by the panel, or may be 14 interviewed. At the child's request, a child who is 10 years of age or older shall be 15 allowed to be present at interviews or a review of the local panel that concerns the 16 child's case unless the panel determines that for good cause the child's presence would 17 be contrary to the best interests of the child or there is other good cause for denying 18 the child's request. 19 (f) During a review under (a) of this section, a local panel shall 20 (1) determine whether the child has a case plan designed to achieve 21 placement in the least restrictive, most family-like setting available in close proximity 22 to the home of the child's parents that is consistent with the best interests of and 23 special needs and circumstances of the child; 24 (2) evaluate the continuing necessity and appropriateness of the child's 25 placement, the extent of the compliance with the child's case plan, and the extent of 26 progress that has been made toward mitigating the causes that necessitated placement 27 away from the child's parents; 28 (3) ascertain the date by which it is likely the child may be returned 29 to the home or placed for adoption or legal guardianship; 30 (4) determine whether there has been compliance with applicable 31 provisions of 25 U.S.C. 1901 - 1963 (Indian Child Welfare Act) and other applicable
01 state and federal laws; and 02 (5) determine whether there has been compliance with court review 03 requirements of AS 47.10.080(f) and (l), 47.10.142(h), and AS 47.12.120(d) and (g). 04 (g) The local panel shall within 30 days after reviewing the case submit a 05 written report to the persons listed in (c) of this section. 06 (h) The report required under (g) of this section must make advisory 07 recommendations based on the best interests of the child in accordance with 08 AS 47.10.082 and must include notification of the right to request court review under 09 AS 47.10.080(f) or AS 47.12.120(d), as appropriate. If the court has scheduled the 10 case for review, the local panel shall submit its report at least 20 days before the 11 hearing. 12 (i) The local panel shall report to the state panel information needed by the 13 state panel to prepare the report required under AS 47.14.210. 14 Sec. 47.14.250. COOPERATION WITH STATE AND LOCAL PANELS. The 15 department, Department of Law, public defender, office of public advocacy, and court 16 system shall cooperate with the state panel and the local panels to facilitate timely 17 review of plans for children whose cases are under the jurisdiction of the panels. 18 Sec. 47.14.260. RECORDS: COMMUNICATIONS. (a) Notwithstanding 19 AS 47.10.090, 47.10.093, AS 47.12.300, and 47.12.310, at the request of a local panel, 20 the department, the child's guardian ad litem, and the court shall furnish to the local 21 panel relevant records concerning a child and the child's family who are the subjects 22 of a local panel review. At the conclusion of a review, all copies of records provided 23 to a local panel under this section shall be returned to the staff that serves the local 24 panel or to the agency from which the original copy was obtained unless the panel 25 members need the copies to prepare the reports required under AS 47.14.240(g) - (i). 26 Copies retained for preparation of the reports shall be returned to the staff that serves 27 the local panel or to the originating agency upon completion of the reports. 28 Notwithstanding AS 44.62.310, records and reports of the local panel, testimony before 29 the local panel, and deliberations of the local panel are confidential under 30 AS 47.10.090 and AS 47.12.310. 31 (b) A local panel member may not reveal to another person, other than another
01 member of the local panel or the staff serving the local panel, a communication made 02 to the member while performing the member's duties under AS 47.14.200 - 47.14.299 03 except as required under AS 47.17 or as required by court order for good cause shown. 04 A local panel member may share with the state panel communications made during the 05 local panel member's performance of official duties if the local panel member omits 06 identifying information. 07 (c) A local panel proceeding is not governed by AS 44.62.310. 08 Sec. 47.14.270. COURT REVIEW OF REPORT. (a) When a report is 09 admissible under court rules, the court may consider the report of the local panel in 10 its review under AS 47.10.080(f) or AS 47.12.120(d), as appropriate, and at other 11 disposition hearings other than hearings related to delinquency proceedings. 12 (b) The court may refer to the local panel a case called for a special 13 review under AS 47.10.080(f) or AS 47.12.120(d), as appropriate. 14 Sec. 47.14.280. INDEMNIFICATION OF PANEL MEMBERS. A state panel 15 member and a local panel member shall be indemnified by the state for civil liability 16 for a negligent act or omission of the panel member that occurs in the performance of 17 the member's duties under AS 47.14.200 - 47.14.299 unless the civil liability results 18 from the panel member's violation of 19 (1) AS 47.14.260(b); or 20 (2) the oath or affirmation required under AS 47.14.220(e). 21 Sec. 47.14.299. DEFINITIONS. In AS 47.14.200 - 47.14.299, 22 (1) "local panel" means a local citizen out-of-home care review panel 23 appointed under AS 47.14.220; 24 (2) "out-of-home care provider" means an agency or person, other than 25 the child's legal parents, with whom a child who is in the custody of the state under 26 AS 47.10.080(c)(1) or (3), 47.10.142, AS 47.12.120(b)(3), or AS 47.14.100(c) is 27 currently placed; in this paragraph, "agency or person" includes a foster parent, a 28 relative other than a parent, a person who has petitioned for adoption of the child, and 29 a residential child care facility; 30 (3) "state panel" means the Citizens' Review Panel for Permanency 31 Planning established under AS 47.14.200.
01 ARTICLE 4. GENERAL PROVISIONS. 02 Sec. 47.14.980. GRANTS-IN-AID. The department may accept grants-in-aid 03 from the federal government or private foundations and may accept other gifts 04 consistent with the purposes of this chapter. 05 Sec. 47.14.990. DEFINITIONS. In this chapter, unless the context otherwise 06 requires, 07 (1) "care" or "caring" under AS 47.14.100(c) means to provide for the 08 physical, emotional, mental, and social needs of the child; 09 (2) "child in need of aid" means a minor found to be within the 10 jurisdiction of the court under AS 47.10.010(a); 11 (3) "court" means the superior court of the state; 12 (4) "delinquent minor" means a minor found to be within the 13 jurisdiction of the court under AS 47.12.020; 14 (5) "department" means the Department of Health and Social Services; 15 (6) "juvenile detention facility" means separate quarters within a city 16 jail used for the detention of delinquent minors; 17 (7) "juvenile detention home" or "detention home" is a separate 18 establishment, exclusively devoted to the detention of minors on a short-term basis and 19 not a part of an adult jail; 20 (8) "juvenile work camp" means a separate residential establishment, 21 exclusively devoted to the detention of minors, in which the minors who are 16 years 22 of age or older and committed to the custody of the department and placed in the 23 facility may be required to labor on the buildings and grounds or perform any other 24 work or engage in any activities that do not conflict with regulations adopted by the 25 department under this chapter for the care, rehabilitation, education, and discipline of 26 minors in detention; 27 (9) "minor" means a person under 18 years of age; 28 (10) "treatment facility" or "treatment institution" means a hospital, 29 clinic, institution, center, or other health care facility that has been designated by the 30 department for the treatment of juveniles. 31 * Sec. 52. AS 47.17.290(8) is amended to read:
01 (8) "maltreatment" means an act or omission that results in 02 circumstances in which there is reasonable cause to suspect that a child may be a child 03 in need of aid, as described in AS 47.10.010(a) [AS 47.10.010(a)(2)], except that, for 04 purposes of this chapter, the act or omission need not have been committed by the 05 child's parent, custodian, or guardian; 06 * Sec. 53. AS 47.33.010(b) is amended to read: 07 (b) Notwithstanding (a) of this section, this chapter does not apply to 08 (1) a correctional facility; 09 (2) a facility for treatment of alcoholism that is regulated under 10 AS 47.37; 11 (3) an emergency shelter; 12 (4) a medical facility, including a nursing home, licensed under 13 AS 18.20; 14 (5) a program for runaway minors licensed under AS 47.10.310 15 [AS 47.10]; or 16 (6) a maternity home licensed under AS 47.35. 17 * Sec. 54. AS 47.33.990(3) is amended to read: 18 (3) "adult" means a person 18 years of age or older who is not a ward 19 of the state under AS 47.10.080(f) or AS 47.12.120(d) [AS 47.10.080]; 20 * Sec. 55. AS 47.35.015(c) is amended to read: 21 (c) A person may not operate a residential child care facility without a license 22 issued under this chapter unless that facility is 23 (1) a juvenile facility operated by the state under AS 47.14.010 24 [AS 47.10.150]; 25 (2) a medical facility licensed by the department under AS 18.20; 26 (3) a recreational camp providing recreational experiences of no more 27 than one month's duration for a child; or 28 (4) exempt from licensure for a reason set out in (b)(6) or (7) of this 29 section. 30 * Sec. 56. AS 47.40.011(a) is amended to read: 31 (a) When the department purchases residential services for minors for whom
01 the state has assumed responsibility under AS 47.10 or AS 47.12, the department shall 02 (1) purchase the services only under grants to local governmental units 03 or nonprofit corporations; 04 (2) award grants for a specified number of beds as provided in 05 AS 47.40.041. 06 * Sec. 57. AS 47.70.020 is amended to read: 07 Sec. 47.70.020. FINANCIAL RESPONSIBILITY. Financial responsibility for 08 a child placed in accordance with the Interstate Compact on the Placement of Children 09 shall be determined in accordance with art. V of the compact. However, in the event 10 of partial or complete default of performance under the compact, the provisions of 11 AS 47.14.100(b) [AS 47.10.230(b)] apply. 12 * Sec. 58. AS 47.70.050 is amended to read: 13 Sec. 47.70.050. DELEGATION BY AGREEMENT. Requirements for 14 visitation, inspection, or supervision of children, homes, institutions, or other agencies 15 in another party state which may apply under AS 47.14.110 [AS 47.10.240] shall be 16 considered to be met if performed under an agreement entered into by appropriate 17 officers or agencies of this state or a subdivision of this state as contemplated by art. 18 V(b) of the Interstate Compact on the Placement of Children. 19 * Sec. 59. AS 47.10.010(b), 47.10.010(d), 47.10.010(e), 47.10.020(d), 47.10.040, 20 47.10.050(b), 47.10.060, 47.10.070(b), 47.10.075, 47.10.080(b), 47.10.080(g), 47.10.080(h), 21 47.10.081(a), 47.10.090(b), 47.10.093(c)(2), 47.10.093(c)(3), 47.10.093(c)(4), 47.10.093(c)(5), 22 47.10.093(d), 47.10.093(e), 47.10.093(h), 47.10.095, 47.10.097, 47.10.130, 47.10.140, 23 47.10.150, 47.10.160, 47.10.170, 47.10.180, 47.10.190, 47.10.200, 47.10.210, 47.10.220, 24 47.10.230, 47.10.240, 47.10.250, 47.10.260, 47.10.265, 47.10.400, 47.10.410, 47.10.420, 25 47.10.430, 47.10.440, 47.10.450, 47.10.460, 47.10.470, 47.10.480, and 47.10.490 are repealed. 26 * Sec. 60. Rule 23(d), Alaska Delinquency Rules, is amended to read: 27 (d) ORDER. The court shall enter [IN] its disposition order taking into 28 account the considerations set out in AS 47.12.140 [, THE COURT SHALL ORDER 29 THE LEAST RESTRICTIVE ALTERNATIVE DISPOSITION UNDER 30 AS 47.10.080(b) THAT ADDRESSES THE JUVENILE'S TREATMENT NEEDS 31 AND PROTECTS THE PUBLIC].