CSHB 127(HES): "An Act relating to the citizen review board and panels for permanency planning for certain children in state custody; renaming the Citizens' Review Panel for Permanency Planning as the Citizens' Foster Care Review Board; extending the termination date of the Citizens' Foster Care Review Board; relating to disclosures about certain minors; and providing for an effective date."
00CS FOR HOUSE BILL NO. 127(HES) 01 "An Act relating to the citizen review board and panels for permanency planning 02 for certain children in state custody; renaming the Citizens' Review Panel for 03 Permanency Planning as the Citizens' Foster Care Review Board; extending the 04 termination date of the Citizens' Foster Care Review Board; relating to disclosures 05 about certain minors; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 44.66.010(17) is amended to read: 08 (17) Citizens' Foster Care Review Board [PANEL FOR 09 PERMANENCY PLANNING] under AS 47.14.200 -- June 30, 2000 [1997]; 10 * Sec. 2. AS 47.10.080(m) is amended to read: 11 (m) Within 60 days after the date a child is removed from the child's home 12 by the department, the department shall notify the Citizens Foster Care Review 13 Board [APPROPRIATE LOCAL CITIZEN OUT-OF-HOME CARE REVIEW 14 PANEL] established in AS 47.14.200 [UNDER AS 47.14.220].
01 * Sec. 3. AS 47.10.080(n) is amended to read: 02 (n) Within 60 days after a court orders a child committed to the department 03 under (c) of this section and at a review under (f) or (l) of this section, the department 04 shall inform the parties about the local [CITIZEN OUT-OF-HOME CARE] review 05 panel established under AS 47.14.220. 06 * Sec. 4. AS 47.10.093(b) is amended to read: 07 (b) A state or municipal agency or employee may disclose information 08 regarding a case to 09 (1) a guardian ad litem appointed by the court or to a citizen review 10 board or local review panel for permanency planning authorized by AS 47.14.200 or 11 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 AS 47.10.010; 14 (3) school officials as may be necessary to protect the safety of the 15 minor who is the subject of the case and the safety of school 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 child; and 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. 22 * Sec. 5. AS 47.10.142(g) is amended to read: 23 (g) Within 60 days after a court orders a child committed to the department 24 under this section, the department shall inform the parties about the local [CITIZEN 25 OUT-OF-HOME CARE] review panel established under AS 47.14.220. 26 * Sec. 6. AS 47.12.120(h) is amended to read: 27 (h) Within 60 days after the date a minor is removed from the minor's home 28 by the department, the department shall notify the Citizens' Foster Care Review 29 Board [APPROPRIATE LOCAL CITIZEN OUT-OF-HOME CARE REVIEW 30 PANEL] established in AS 47.14.200 [UNDER AS 47.14.220]. 31 * Sec. 7. AS 47.12.310(b) is amended to read:
01 (b) A state or municipal agency or employee may disclose information 02 regarding a case to 03 (1) a guardian ad litem appointed by the court or to a citizen review 04 board or local review panel for permanency planning authorized by AS 47.14.200 - 05 47.14.220; 06 (2) a person or an agency requested to provide consultation or services 07 for a minor who is subject to the jurisdiction of the court under this chapter; 08 (3) school officials as may be necessary to protect the safety of the 09 minor who is the subject of the case and the safety of school students and staff; 10 (4) a governmental agency as may be necessary to obtain that agency's 11 assistance for the department in its investigation or to obtain physical custody of a 12 minor; 13 (5) a state or municipal law enforcement agency as may be necessary 14 for a specific investigation being conducted by that agency or for disclosures by that 15 agency to protect the public safety; and 16 (6) a victim as may be necessary to inform the victim about the 17 disposition or resolution of a case involving a minor. 18 * Sec. 8. AS 47.14.200(a) is repealed and reenacted to read: 19 (a) There is created in the Department of Administration the Citizens' Foster 20 Care Review Board. The board consists of nine public members appointed by the 21 governor from among persons who have training, experience, special knowledge, or 22 a demonstrated interest in the welfare of children. An out-of-home care provider or 23 a person employed by the court system, the Department of Health and Social Services, 24 the office of public advocacy, the Public Defender Agency, or the Department of Law 25 may not serve as a public member of the board. The governor shall appoint at least 26 one public member from each judicial district and shall appoint persons who are 27 reasonably representative of the various social, economic, racial, ethnic, and cultural 28 groups of the judicial district from which the members are appointed. The governor 29 may not appoint a person who has committed a felony or violated AS 11.51.130 or a 30 law with substantially similar elements. The board also includes, as nonvoting 31 members, the following state officials or their designees:
01 (1) the commissioner of health and social services; 02 (2) the director of the office of public advocacy. 03 * Sec. 9. AS 47.14.200(b) is amended to read: 04 (b) Public [APPOINTED] members of the board [STATE PANEL] serve at 05 the pleasure of the governor for staggered terms of three years or until their successors 06 are appointed. These members may not serve more than two consecutive full terms, 07 except that they may be reappointed to one or two additional consecutive full 08 terms if they have been off the board for at least three years immediately 09 preceding the reappointment. 10 * Sec. 10. AS 47.14.200(c) is amended to read: 11 (c) The voting members of the board [STATE PANEL] shall elect from 12 among the voting members a chair who shall serve for one year. Five [THREE] 13 voting members of the board [STATE PANEL] constitute a quorum for the transaction 14 of business. The board [PANEL] may not take official action without the affirmative 15 vote of at least three of its voting members. 16 * Sec. 11. AS 47.14.200(d) is amended to read: 17 (d) Members of the board [STATE PANEL] are entitled to reimbursement for 18 actual expenses necessary to perform their duties as board [STATE PANEL] members. 19 The reimbursement may not exceed the amount of per diem and travel expenses 20 authorized for boards and commissions under AS 39.20.180. 21 * Sec. 12. AS 47.14.200(e) is amended to read: 22 (e) The board [STATE PANEL] shall meet at least twice annually. Meetings 23 may take place telephonically. 24 * Sec. 13. AS 47.14.200(f) is amended to read: 25 (f) The board [STATE PANEL] may employ an executive director [A 26 PROGRAM COORDINATOR] who shall serve at the pleasure of the board [STATE 27 PANEL]. The executive director [PROGRAM COORDINATOR] shall employ staff 28 as necessary to carry out the executive director's [PROGRAM COORDINATOR'S] 29 duties under board [STATE PANEL] directives and to provide technical [CLERICAL] 30 assistance to local review panels. The board may delegate duties to the executive 31 director as necessary to assist the board in administering AS 47.14.200 - 47.14.299.
01 * Sec. 14. AS 47.14.210 is amended to read: 02 Sec. 47.14.210. Powers and duties [DUTIES] of the board [STATE 03 PANEL]. (a) The board [STATE PANEL] shall 04 (1) hold regular and special meetings the board considers 05 necessary; 06 (2) adopt regulations necessary [BY REGULATION ADOPT 07 POLICIES AND PROCEDURES] to carry out its duties and to govern the performance 08 of the duties of the local review panels established under AS 47.14.220; the 09 regulations must include provisions that 10 (A) ensure that reviews conducted by local review panels 11 meet the permanency planning review requirements for state compliance 12 with 42 U.S.C. 671 - 675; 13 (B) set priorities to be followed by local review panels so 14 that the cases that have the highest priority for review include cases that 15 involve children who are likely to be in out-of-home placement for longer 16 than 90 days, who have been in more than one out-of-home placement, 17 whose siblings have been in more than one out-of-home placement, or 18 whose parents' parental rights are likely to be terminated; 19 (C) establish procedures for expedited review of cases 20 described in (B) of this paragraph; and 21 (D) establish the minimum number of local review panel 22 members that must review a case and provide for the appointment of 23 substitute local review panel members to participate in the review of a case 24 when a member cannot be available due to an emergency; 25 (3) [(2)] ensure that the public members of the board and of the 26 local review panels [PANEL MEMBERS] receive the [MINIMUM] level of training 27 necessary to effectively carry out their duties, document in the board's records that 28 the public members of local review panels have completed the training, and 29 ensure that a public member of a local review panel does not review a case until 30 training has been received; 31 (4) [(3)] coordinate and review the activities of the local review panels;
01 (5) apply for private and federal grants and solicit contributions, 02 gifts, and bequests to administer and implement AS 47.14.200 - 47.14.299; 03 (6) award grants or contracts from available money to local 04 governmental or public or private nonprofit agencies to provide assistance to the 05 state board and local review panels, to support their activities, and to carry out 06 projects or studies related to improving the system for permanency needs of 07 children in state foster care; 08 (7) use board staff to evaluate applicants for public members of 09 local review panels and to provide training to local review panel members [AND 10 MAKE RECOMMENDATIONS TO THE GOVERNOR ON APPOINTMENTS TO 11 THE LOCAL PANELS]; 12 (8) [(4)] prepare a report annually, by the 10th day of each regular 13 session of the legislature, concerning the activities of the state board and the local 14 review panels during the previous fiscal year; the report must include the number of 15 cases reviewed by each local review panel, a description of the characteristics of the 16 children whose cases were reviewed by the local review panels, the number of 17 children reunited with their families, the number of children placed in other permanent 18 homes, systemic barriers to achieving permanency for children, and 19 recommendations and justifications for [PROGRAM] improvement in services and 20 programs provided to children, including recommendations relating to state agencies 21 and to the panel review system; the report may contain other information on the 22 experience of the local review panels; the board [STATE PANEL] shall provide the 23 governor and [NOTIFY] the legislature with [THAT] the report [IS AVAILABLE]. 24 * Sec. 15. AS 47.14.210 is amended by adding a new subsection to read: 25 (b) The board may by regulation require the department to provide to the 26 board or to a local review panel aggregate data about the permanency planning system 27 and information about particular cases that is not required under AS 47.14.240. The 28 department shall provide the data and information requested under these regulations. 29 * Sec. 16. AS 47.14.220 is amended to read: 30 Sec. 47.14.220. Appointment of local review panels. (a) Except as 31 provided in regulations adopted under AS 47.14.210(a)(2)(D) relating to
01 substitutes, the board [THE GOVERNOR] shall appoint for each judicial district at 02 least [A LOCAL CITIZEN OUT-OF-HOME CARE REVIEW PANEL COMPOSED 03 OF] five persons available to serve as public members on local review panels [AND 04 TWO ALTERNATES] who are residents of the judicial district. Public members 05 [MEMBERS] shall serve staggered [THREE-YEAR] terms of three years or until 06 their successors are [EXCEPT THAT, WHEN A LOCAL PANEL IS INITIALLY] 07 appointed. Public members may not serve more than two consecutive full terms, 08 except that, after being off all panels for at least three years, a member may be 09 reappointed to one or two consecutive full terms [, TWO MEMBERS SHALL BE 10 APPOINTED FOR THREE-YEAR TERMS, TWO MEMBERS FOR TWO-YEAR 11 TERMS, AND ONE MEMBER FOR A ONE-YEAR TERM. ALTERNATES SHALL 12 BE APPOINTED TO THREE-YEAR TERMS]. 13 (b) The board [GOVERNOR] shall appoint as public members [TO A 14 LOCAL PANEL] persons who have training, experience, special knowledge, or a 15 demonstrated interest in the welfare of children. An out-of-home care provider or a 16 person employed by the court system, the department, the office of public advocacy, 17 the Public Defender Agency, or the Department of Law may not serve as a public 18 member [OR ALTERNATE MEMBER] of a local review panel. The board 19 [GOVERNOR] may not appoint a person who has committed a felony or violated 20 AS 11.51.130 or a law with substantially similar elements. 21 (c) The public members [COMPOSITION] of a local review panel must be 22 reasonably representative of the various social, economic, racial, ethnic, and cultural 23 groups of the district from which the members are appointed. 24 (d) If the board [STATE PANEL] determines that additional public members 25 [LOCAL PANELS] are necessary in a judicial district because of excessively large or 26 complex caseloads for review or because of the demographics of cases [, OR 27 DETERMINES THAT A LOCAL PANEL IS NOT NECESSARY BECAUSE OF A 28 REDUCED CASELOAD], the board [GOVERNOR] may appoint additional public 29 members [CREATE OR DISSOLVE A LOCAL PANEL. THE GOVERNOR MAY 30 NOT REDUCE THE NUMBER OF PANELS IN A JUDICIAL DISTRICT TO 31 FEWER THAN ONE]. Appointments of public members [TO A PANEL
01 ESTABLISHED] under this subsection are governed by (a) - (c) of this section. 02 Public members serve on the panel at the pleasure of the board. 03 (e) When a person is appointed to serve as a public member on a local 04 review panel, the person shall swear or affirm in writing to keep confidential all 05 information that comes before the local review panel except for nonidentifying case 06 information included in a report to the state board [PANEL], information for reports 07 required under AS 47.17, or as required by court order for good cause shown. A 08 public member of a local review panel [MEMBER] may also share confidential 09 information, on a need to know basis, with other members of the local review panel, 10 the board, and the staff who serve the board or local review panel. 11 * Sec. 17. AS 47.14.230(a) is amended to read: 12 (a) A local review panel shall conduct its meetings in the judicial district in 13 which its public members reside. 14 * Sec. 18. AS 47.14.230(d) is amended to read: 15 (d) A public member of a local review panel [MEMBER] is not eligible for 16 travel expenses, per diem, or other expenses for service on the local review panel 17 unless the state board [PANEL] requires the public [A LOCAL PANEL] member to 18 travel to attend a meeting. If the state board [PANEL] requires a public member of 19 a local review panel [MEMBER] to travel to attend a meeting, the public [LOCAL 20 PANEL] member is entitled to reimbursement for actual expenses incurred by the 21 member in attending the meeting, except that the reimbursement may not exceed the 22 amount of per diem and travel expenses authorized for boards and commissions under 23 AS 39.20.180. 24 * Sec. 19. AS 47.14.240 is amended to read: 25 Sec. 47.14.240. Duties of local review panel. (a) A local review panel shall 26 review the case plan of each child in the custody of the department who is in a 27 placement other than the child's own home under AS 47.10.080(c)(1) or (3), 28 47.10.142, [AS 47.12.120(b)(3),] or AS 47.14.100(c) if the case is under the 29 jurisdiction of a court in the judicial district served by the local review panel. A local 30 review panel may request a local review panel in another judicial district to conduct 31 a review and make a report if that local review panel is more convenient for the child
01 and other persons involved. 02 (b) The local review panel shall review a case as required under 42 U.S.C. 671 03 - 675 (P.L. 96-272) within 90 [180] days after the day the child is initially removed 04 from the child's home for a case that is determined under the board's regulations 05 to be of highest priority and within 180 days after the child is initially removed 06 for other cases and every six months after the date of the first court hearing on the 07 child's case [THEREAFTER]. A court review may be substituted for a review 08 required under this subsection if the court review meets the requirements of this 09 subsection. 10 (c) At least 30 days before the local review panel [IT] begins a review, or 11 as soon as practicable, the local review panel or the state board shall provide 12 written notice to the following persons that a review will be conducted and that each 13 person notified may participate in the review: 14 (1) the appropriate employees of the department; 15 (2) the child or the child's legal representative; 16 (3) the child's parents; 17 (4) the child's guardian; 18 (5) the child's guardian ad litem; 19 (6) the child's out-of-home care provider; and 20 (7) if the case is governed by 25 U.S.C. 1901 - 1963 (Indian Child 21 Welfare Act), 22 (A) the child's Indian custodian; and 23 (B) the designated representative of the child's Indian tribe if 24 the tribe has intervened in the court case. 25 (d) In reviewing a case, the local review panel shall consider the case plan and 26 any progress report of the department or the child's guardian ad litem, court records, 27 and other relevant information about the child and the child's family. The local panel 28 shall [ALSO] provide to the following persons an opportunity to be interviewed by the 29 local review panel in person or by telephone or to provide written material to the local 30 review panel: 31 (1) the child whose case is being reviewed if the child is 10 years of
01 age or older; 02 (2) the parents, custodians, or other relatives of the child; 03 (3) the child's out-of-home care provider; 04 (4) the child's guardian; 05 (5) the child's guardian ad litem; 06 (6) the case worker or social worker assigned to the case; 07 (7) if the case is governed by 25 U.S.C. 1901 - 1963 (Indian Child 08 Welfare Act), 09 (A) the child's Indian custodian; and 10 (B) the designated representative of the child's Indian tribe if 11 the tribe has intervened in the court case; and 12 (8) other persons with a close personal knowledge of the case. 13 (e) At the discretion of the child's guardian ad litem, if the child whose case 14 is being reviewed is under 10 years of age, the child may be present at interviews 15 conducted under (d) of this section and during review by the local review panel [,] or 16 may be interviewed. At the child's request, a child who is 10 years of age or older 17 shall be allowed to be present at interviews or a review of the local review panel that 18 concerns the child's case unless the panel determines that for good cause the child's 19 presence would be contrary to the best interests of the child or there is other good 20 cause for denying the child's request. 21 (f) During a review under (a) of this section, a local review panel shall 22 (1) determine whether the child has a case plan designed to achieve 23 placement in the least restrictive, most family-like setting available in close proximity 24 to the home of the child's parents that is consistent with the best interests [OF] and 25 special needs and circumstances of the child; 26 (2) evaluate the continuing necessity and appropriateness of the child's 27 placement, the extent of the compliance with the child's case plan, and the extent of 28 progress that has been made toward mitigating the causes that necessitated placement 29 away from the child's parents; 30 (3) ascertain the date by which it is likely the child may be returned 31 to the home or placed for adoption or legal guardianship;
01 (4) determine whether there has been compliance with applicable 02 provisions of 25 U.S.C. 1901 - 1963 (Indian Child Welfare Act) and other applicable 03 state and federal laws; and 04 (5) determine whether there has been compliance with court review 05 requirements of AS 47.10.080(f) and (l) and [,] 47.10.142(h) [, AND AS 47.12.120(d) 06 AND (g)]. 07 (g) The local review panel shall within 15 working [30] days after reviewing 08 the case submit a written report to the persons listed in (c) of this section. 09 (h) The report required under (g) of this section must make advisory 10 recommendations based on the best interests of the child in accordance with 11 AS 47.10.082 and must include notification of the right to request court review under 12 AS 47.10.080(f) [OR AS 47.12.120(d), AS APPROPRIATE]. If the court has 13 scheduled the case for review, the local review panel shall submit its report at least 14 20 days before the hearing. 15 (i) The local review panel shall report to the state board [PANEL] information 16 needed by the state board [PANEL] to prepare the report required under 17 AS 47.14.210. 18 * Sec. 20. AS 47.14.250 is amended to read: 19 Sec. 47.14.250. Cooperation with state board and local review panels. The 20 department, Department of Law, other departments of the executive branch, public 21 defender, office of public advocacy, and court system shall cooperate with the state 22 board [PANEL] and the local review panels to facilitate timely review of plans for 23 children whose cases are reviewed under AS 47.14.200 - 47.14.299. The duty of 24 executive branch agencies to cooperate under this section extends to the provision 25 of addresses and other information necessary for a local panel to locate a person 26 entitled to participate in a review under AS 47.14.240(c) or (d) if the addresses 27 and other information may be disclosed by the agency to the department for 28 conducting its child protection and child placement duties under this title 29 notwithstanding that providing the addresses or other information to entities 30 other than the department may be prohibited under other laws relating to those 31 agencies [THE JURISDICTION OF THE PANELS].
01 * Sec. 21. AS 47.14.250 is amended by adding a new subsection to read: 02 (b) The department shall cooperate and consult with the state board in the 03 development of departmental information systems relating to children in out-of-home 04 placements whose cases are subject to review by local review panels. The department 05 shall develop information systems that ensure that aggregate data and individual case 06 information needed by the state board and the local review panels for the performance 07 of their duties are readily available from all of the department's information systems. 08 * Sec. 22. AS 47.14.260 is amended to read: 09 Sec. 47.14.260. Records: communications. (a) Notwithstanding 10 AS 47.10.090 and [,] 47.10.093 [, AS 47.12.300, and 47.12.310], at the request of a 11 local review panel, the department, a municipality, the child's guardian ad litem, and 12 the court shall furnish to the local review panel relevant records concerning a child 13 and the child's family who are the subjects of a local panel review. At the conclusion 14 of a review, all copies of records provided to a local review panel under this section 15 shall be returned to the staff that serves the local review panel or to the agency from 16 which the original copy was obtained unless the local review panel members need the 17 copies to prepare the reports required under AS 47.14.240(g) - (i). Copies retained for 18 preparation of the reports shall be returned to the staff that serves the local review 19 panel or to the originating agency upon completion of the reports. Notwithstanding 20 AS 44.62.310, records and reports of the local review panel, testimony before the local 21 review panel, and deliberations of the local review panel are confidential under 22 AS 47.10.090 [AND AS 47.12.310]. 23 (b) A public member of a local review panel [MEMBER] may not reveal to 24 another person, other than another member of the local review panel or the staff 25 serving the local review panel, a communication made to the member while 26 performing the member's duties under AS 47.14.200 - 47.14.299 except as required 27 under AS 47.17 or as required by court order for good cause shown. A public 28 member of a local review panel [MEMBER] may share with the state board 29 [PANEL] communications made during the public [LOCAL PANEL] member's 30 performance of official duties if the public [LOCAL PANEL] member omits 31 identifying information.
01 (c) A local review panel proceeding is not governed by AS 44.62.310. 02 * Sec. 23. AS 47.14.270 is repealed and reenacted to read: 03 Sec. 47.14.270. Court review of report. (a) The local review panel shall 04 submit its final report to the court to aid the court in its review of temporary custody 05 orders issued under AS 47.10.142 and in its dispositional hearings and reviews under 06 AS 47.10.080 and 47.10.083. 07 (b) The court may refer to the board for assignment to a local review panel a 08 case called for a special review under AS 47.10.080(f), as appropriate. 09 * Sec. 24. AS 47.14.280 is amended to read: 10 Sec. 47.14.280. Immunity [INDEMNIFICATION] of board and panel 11 members and staff. A state board [PANEL] member, [AND] a local review panel 12 member, and a person serving as staff to the state board or a local review panel 13 shall be immune from [INDEMNIFIED BY THE STATE FOR] civil liability for a 14 negligent act or omission of the board or panel member or a person serving as staff 15 to the board or a local review panel that occurs in the performance of the member's 16 or person's duties under AS 47.14.200 - 47.14.299 unless the civil liability results 17 from the board or panel member's or other person's gross negligence or violation 18 of 19 (1) AS 47.14.260(b); or 20 (2) the oath or affirmation required under AS 47.14.220(e). 21 * Sec. 25. AS 47.14.299 is amended to read: 22 Sec. 47.14.299. Definitions. In AS 47.14.200 - 47.14.299, 23 (1) "board" means the state board; 24 (2) "department" means the Department of Health and Social 25 Services; 26 (3) [(1)] "local review panel" means a local [CITIZEN OUT-OF- 27 HOME CARE] review panel appointed under AS 47.14.220; 28 (4) [(2)] "out-of-home care provider" means an agency or person, other 29 than the child's legal parents, with whom a child who is in the custody of the state 30 under AS 47.10.080(c)(1) or (3), 47.10.142, [AS 47.12.120(b)(3),] or AS 47.14.100(c) 31 is currently placed; in this paragraph, "agency or person" includes a foster parent, a
01 relative other than a parent, a person who has petitioned for adoption of the child, and 02 a residential child care facility; 03 (5) "panel" means a local review panel; 04 (6) [(3)] "state board [PANEL]" means the Citizens' Foster Care 05 Review Board [PANEL FOR PERMANENCY PLANNING] established in [UNDER] 06 AS 47.14.200. 07 * Sec. 26. AS 47.14.230(b) and 47.14.230(c) are repealed. 08 * Sec. 27. TRANSITION. (a) Notwithstanding secs. 1 - 26 of this Act, the commissioner 09 of administration may phase in implementation of this Act. Local review panels shall begin 10 hearing all cases covered by this Act in Anchorage as soon as possible. Subject to 11 appropriations, local review panels shall be implemented in the remainder of the state as soon 12 as practicable. 13 (b) To the maximum extent for which appropriations are available, local review panels 14 shall be in place in all judicial districts no later than 24 months after the effective date of this 15 Act. 16 * Sec. 28. This Act takes effect immediately under AS 01.10.070(c).