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