CSHB 45(HES): "An Act relating to runaway and missing minors; and providing for an effective date."
00CS FOR HOUSE BILL NO. 45(HES) 01 "An Act relating to runaway and missing minors; and providing for an effective 02 date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 47.10.141(b) is amended to read: 05 (b) A peace officer shall take into protective custody a minor described in (a) 06 of this section if the minor is not otherwise subject to arrest or detention. Unless (c) 07 of this section applies, when a peace officer takes a minor into protective custody 08 under this subsection, 09 (1) the peace officer shall 10 (A) return the minor to the minor's parent or guardian at the 11 parent's or guardian's residence if the residence is in the same community 12 where the minor was found and if the [MINOR AND THE] minor's parent or 13 guardian consents [CONSENT] to the return, except that the officer may not 14 use this option if the officer has reasonable cause to believe that the minor has
01 experienced physical or sexual abuse in the parent's or guardian's household; 02 (B) take the minor to a nearby location agreed to by the minor's 03 parent or guardian if the parent or guardian does not consent to return of the 04 minor under (A) of this paragraph and the officer does not have reasonable 05 cause to believe that the minor has experienced physical or sexual abuse in the 06 parent's or guardian's household; or 07 (C) if disposition of the minor is not made under (A) or (B) of 08 this paragraph, take the minor to 09 (i) an office specified by the Department of Health and 10 Social Services; 11 (ii) a program for runaway minors licensed by the 12 department under AS 47.10.310; 13 (iii) a shelter for runaways that has a permit from the 14 department under AS 47.35.085 that agrees to shelter the minor; 15 (iv) a facility or contract agency of the department; or 16 (v) another suitable location and promptly notify the 17 department if an office specified by the department, a licensed program 18 for runaway minors, a shelter for runaways that will accept the minor, 19 or a facility or contract agency of the department does not exist in the 20 community; 21 (2) if the peace officer plans to take the minor to an office, program, 22 shelter, or facility under (1)(C) of this subsection, the peace officer shall give the 23 highest priority to taking the minor to an office, program, shelter, or facility that is 24 semi-secure; 25 (3) a minor under protective custody may not be housed in a jail or 26 other detention facility but may be housed in a semi-secure portion of an office, 27 program, shelter, or other facility under (1)(C) of this subsection; 28 (4) the peace officer, immediately upon taking a minor into protective 29 custody, shall 30 (A) advise the minor of available mediation services and of the 31 right to social services under AS 47.10.142(b); and
01 (B) if the identity of the minor's parent or guardian is known, 02 advise the minor's parent or guardian that the minor has been taken into 03 protective custody and that counseling services for the minor's parent or 04 guardian and the minor's household may be available under AS 47.10.142(b). 05 * Sec. 2. This Act takes effect immediately under AS 01.10.070(c).