00HOUSE BILL NO. 45                                                                                                       
01 "An Act relating to runaway and missing minors."                                                                        
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 47.10.141(b) is amended to read:                                                                    
04  (b)  A peace officer shall take into protective custody a minor described in (a)                                      
05 of this section if the minor is not otherwise subject to arrest or detention.  Unless (c)                               
06 of this section applies, when a peace officer takes a minor into protective custody                                     
07 under this subsection,                                                                                                  
08   (1)  the peace officer shall                                                                                         
09   (A)  return the minor to the minor's parent or guardian at the                                                      
10 parent's or guardian's residence if the residence is in the same community                                              
11 where the minor was found and if the [MINOR AND THE] minor's parent or                                                  
12 guardian consents [CONSENT] to the return, except that the officer may not                                            
13 use this option if the officer has reasonable cause to believe that the minor has                                       
14 experienced physical or sexual abuse in the parent's or guardian's household;                                           

01   (B)  take the minor to a nearby location agreed to by the minor's                                                   
02 parent or guardian if the parent or guardian does not consent to return of the                                          
03 minor under (A) of this paragraph and the officer does not have reasonable                                              
04 cause to believe that the minor has experienced physical or sexual abuse in the                                         
05 parent's or guardian's household; or                                                                                    
06   (C)  if disposition of the minor is not made under (A) or (B) of                                                    
07 this paragraph, take the minor to                                                                                       
08   (i)  an office specified by the Department of Health and                                                           
09 Social Services;                                                                                                        
10   (ii)  a program for runaway minors licensed by the                                                                 
11 department under AS 47.10.310;                                                                                          
12   (iii)  a shelter for runaways that has a permit from the                                                           
13 department under AS 47.35.085 that agrees to shelter the minor;                                                         
14   (iv)  a facility or contract agency of the department; or                                                          
15   (v)  another suitable location and promptly notify the                                                             
16 department if an office specified by the department, a licensed program                                                 
17 for runaway minors, a shelter for runaways that will accept the minor,                                                  
18 or a facility or contract agency of the department does not exist in the                                                
19 community;                                                                                                              
20   (2)  if the peace officer plans to take the minor to an office, program,                                             
21 shelter, or facility under (1)(C) of this subsection, the peace officer shall give the                                  
22 highest priority to taking the minor to an office, program, shelter, or facility that is                                
23 semi-secure;                                                                                                            
24   (3)  a minor under protective custody may not be housed in a jail or                                                 
25 other detention facility but may be housed in a semi-secure portion of an office,                                       
26 program, shelter, or other facility under (1)(C) of this subsection;                                                    
27   (4)  the peace officer, immediately upon taking a minor into protective                                              
28 custody, shall                                                                                                          
29   (A)  advise the minor of available mediation services and of the                                                    
30 right to social services under AS 47.10.142(b); and                                                                     
31   (B)  if the identity of the minor's parent or guardian is known,                                                    

01 advise the minor's parent or guardian that the minor has been taken into                                                
02 protective custody and that counseling services for the minor's parent or                                               
03 guardian and the minor's household may be available under AS 47.10.142(b).