SB 289: "An Act relating to runaway minors and their families or legal custodians."
00SENATE BILL NO. 289 01 "An Act relating to runaway minors and their families or legal custodians." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 11.51.130(a) is amended to read: 04 (a) A person commits the crime of contributing to the delinquency of a minor 05 if, being 19 years of age or older or being under 19 years of age and having the 06 disabilities of minority removed for general purposes under AS 09.55.590, the person 07 aids, induces, causes, or encourages a child 08 (1) under 18 years of age to do any act prohibited by state law unless 09 the child's disabilities of minority have been removed for general purposes under 10 AS 09.55.590; 11 (2) under 18 years of age to enter or remain in the same room in a 12 building where the unlawful sale of a drug occurs unless the child's disabilities of 13 minority have been removed for general purposes under AS 09.55.590; 14 (3) under 16 years of age to be repeatedly absent from school, without
01 just cause; or 02 (4) under 18 years of age to be absent from the custody of a parent, 03 guardian, or custodian without the permission of the parent, guardian, or custodian 04 [JUST CAUSE], unless the child's disabilities of minority have been removed for 05 general purposes under AS 09.55.590 or the person has immunity under AS 47.10.350 06 or 47.10.398(a); it is an affirmative defense to a prosecution under this paragraph 07 that, at the time of the alleged offense, the defendant 08 (A) reasonably believed that the child's health or welfare 09 was in imminent danger; 10 (B) determined, after using reasonable efforts, that there 11 was no immediate space available in the community at an office of the 12 Department of Health and Social Services, a program for runaway minors 13 licensed under AS 47.10.310, a shelter for runaways with a permit under 14 AS 47.35.085, or a facility or contract agency of the Department of Health 15 and Social Services; and 16 (C) within 12 hours after taking the actions comprising the 17 alleged offense, notified the Department of Health and Social Services of 18 the name of the child and the child's location. 19 * Sec. 2. AS 47.10.141(b) is amended to read: 20 (b) A peace officer shall take into protective custody a minor described in (a) 21 of this section if the minor is not otherwise subject to arrest or detention. Unless (c) 22 of this section applies, the peace officer shall [EXERCISE THE OFFICER'S 23 DISCRETION AND] (1) return the minor to the legal custodian at the legal 24 custodian's residence or place of employment if the legal custodian consents to the 25 return except that the officer may not use this option if the officer has reasonable cause 26 to suspect that the minor has experienced physical or sexual abuse in the legal 27 custodian's household; (2) take the minor to a nearby location agreed to by [THE 28 MINOR AND] the legal custodian if the legal custodian does not consent to return 29 of the minor under (1) of this subsection or the officer is precluded from using 30 that option because of a reasonable cause to suspect that the minor has 31 experienced physical or sexual abuse in the legal custodian's household; or (3) if
01 disposition of the minor is not made under (1) or (2) of this subsection, take the 02 minor to an office specified by the Department of Health and Social Services, a 03 program for runaway minors licensed by the department under AS 47.10.310, a shelter 04 for runaways that has a permit from the department under AS 47.35.085 that agrees 05 to shelter the minor, or a facility or contract agency of the department. If the peace 06 officer plans to take the minor to an office, program, shelter, or facility under (3) 07 of this subsection, the peace officer shall give the highest priority to taking the 08 minor to an office, program, shelter, or facility that is secure and shall give the 09 next highest priority to taking the minor to an office, program, shelter, or facility 10 this is semi-secure. If an office specified by the department, a licensed program for 11 runaway minors, a shelter for runaways that will accept the minor, or a facility or 12 contract agency of the department does not exist in the community, the officer shall 13 take the minor to another suitable location and promptly notify the department. A 14 minor under protective custody may not be housed in a jail or other detention facility 15 but may be housed in a secure or semi-secure portion of an office, program, 16 shelter, or other facility under (3) of this subsection. Immediately upon taking a 17 minor into protective custody, the officer shall advise the minor orally and in writing 18 of the right to social services under AS 47.10.142(b), and, if known, the officer shall 19 advise the legal custodian that the minor has been taken into protective custody and 20 that counseling services for the custodian and the minor's household may be available 21 under AS 47.10.142(b). 22 * Sec. 3. AS 47.10.141(e) is amended to read: 23 (e) In this section, 24 (1) "law enforcement agency" has the meaning given in AS 12.36.090; 25 (2) "secure" means having locking doors, locking windows, or a 26 secured perimeter, designed and implemented to prevent a minor from leaving 27 without permission; 28 (3) "semi-secure" means operated according to standards that may 29 be established by the department in regulations that are designed to require a 30 level of security that is less than secure but that will otherwise reasonably ensure 31 that a minor will not be able to leave without permission.
01 * Sec. 4. AS 47.10.141 is amended by adding a new subsection to read: 02 (f) In the absence of gross negligence or intentional misconduct, an office, 03 program, shelter, or facility, or an employee of an office, program, shelter, or facility, 04 to which a minor is taken by a peace officer for secure or semi-secure custody is not 05 subject to civil or criminal liability based on the minor's leaving the office, program, 06 shelter, or facility without permission unless the office, program, shelter, or facility is 07 not in compliance with the department's regulations that set standards for security or 08 semi-security and the lack of compliance was a material factor in the minor's being 09 able to leave without permission. 10 * Sec. 5. AS 47.10.310(c) is amended to read: 11 (c) A program for runaway minors shall 12 (1) explain to a minor who seeks assistance from the program the legal 13 rights and responsibilities of runaway minors and the services and assistance provided 14 for runaway minors by the program and by the state or local municipality; 15 (2) promptly upon admission of a minor to the program, attempt 16 to determine why the [A] minor [IN THE PROGRAM] is a runaway and what 17 services may be necessary or appropriate for reuniting the minor with the minor's 18 family; 19 (3) provide or help arrange for the provision of services necessary to 20 promote the health and welfare of a minor in the program and, if appropriate, members 21 of the minor's family; services may include, but are not limited to, the provision of 22 food, shelter, clothing, medical care, and individual, group, or family counseling; 23 (4) within 12 hours of admission, [PROMPTLY] inform the 24 department of a minor in the program 25 (A) who claims to be the victim of child abuse or neglect, as 26 defined in AS 47.17.290; 27 (B) whom an employee of the program has cause to believe has 28 been a victim of child abuse or neglect; or 29 (C) whom an employee of the program has reason to believe is 30 evading the supervision of the department, the person to whom the department 31 has entrusted supervision, or the minor's legal guardian;
01 (5) be operated with the goal of reuniting runaway minors with their 02 families, except in cases in which reunification is clearly contrary to the best interest 03 of the minor; and 04 (6) maintain adequate staffing and accommodations to ensure physical 05 security and to provide crisis services to minors residing in a facility operated by the 06 program; a program shall maintain secure and semi-secure portions of its facilities 07 in a proportion that meets regulations established by the department; residents 08 under 18 years of age shall be segregated from residents who are 18 years of age or 09 older. 10 * Sec. 6. AS 47.10.390 is amended by adding new paragraphs to read: 11 (3) "secure" has the meaning given in AS 47.10.141(e); 12 (4) "semi-secure" has the meaning given in AS 47.10.141(e). 13 * Sec. 7. AS 47.10.394(b) is amended to read: 14 (b) The provider of a shelter for runaways shall promptly, but within 12 [48] 15 hours, inform the department of a runaway minor in the shelter 16 (1) who claims to be the victim of child abuse or neglect, as defined 17 in AS 47.17.290; 18 (2) whom the provider has reasonable cause to suspect has been a 19 victim of child abuse or neglect; or 20 (3) whom the provider has reason to believe is evading the supervision 21 of the department, the person to whom the department has entrusted supervision, or the 22 minor's legal guardian.