HB 307: "An Act relating to custody of and visitation rights concerning children; and relating to an obligor's liability to the state for public money paid to support the obligor's children."
00HOUSE BILL NO. 307 01 "An Act relating to custody of and visitation rights concerning children; and 02 relating to an obligor's liability to the state for public money paid to support the 03 obligor's children." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 11.41.320(a) is amended to read: 06 (a) A person commits the crime of custodial interference in the first degree if 07 the person 08 (1) violates AS 11.41.330 and causes the victim to be removed from 09 the state ; or 10 (2) is a lawful custodian of a child who causes the child to be 11 removed from the state for the purpose of preventing another person from 12 exercising custodial or visitation rights with the child . 13 * Sec. 2. AS 25.20.060(c) is amended to read: 14 (c) The court shall [MAY] award shared physical custody to both parents
01 unless, based on clear and convincing evidence, [IF] shared physical custody is 02 determined by the court to be detrimental to [IN] the best interests of the child. An 03 award of shared physical custody shall ensure [ASSURE] that the child has frequent 04 and continuing contact with each parent to the maximum extent possible. 05 * Sec. 3. AS 25.20.110(c) is amended to read: 06 (c) In a proceeding involving the modification of an award for custody of a 07 child or visitation with a child, the following constitute a change in circumstances 08 for purposes of (a) of this section: 09 (1) a finding that a crime involving domestic violence has occurred 10 since the last custody or visitation determination ; 11 (2) [IS] a finding that a parent with primary physical custody of a 12 child has moved with the child to reside outside of the state; notwithstanding 13 AS 25.20.090 and AS 25.24.150(c), in a modification proceeding based on a [OF] 14 change of circumstances under this paragraph, the court may not consider the 15 desirability of maintaining continuity with the parent who moved away with the 16 child as a factor in determining the best interests of the child; 17 (3) a finding that a parent with primary or joint physical custody 18 of a child has moved with the child to reside at a location unknown to another 19 person who has visitation or custody rights with respect to the child; in a 20 modification proceeding based on a change of circumstances under this 21 paragraph, the court shall award primary physical custody to the person to whom 22 the new residence was not disclosed if that person petitions for primary custody 23 unless the parent who moved with the child to the unknown location shows that 24 the action was reasonably necessary for the safety of the child [(a) OF THIS 25 SECTION]. 26 * Sec. 4. AS 25.27.120(a) is amended to read: 27 (a) Subject to (c) of this section, an [AN] obligor is liable to the state in the 28 amount of assistance granted under AS 47.07 and AS 47.27 to a child to whom the 29 obligor owes a duty of support except that, if a support order has been entered, the 30 liability of the obligor for assistance granted under AS 47.25.310 - 47.25.420 may not 31 exceed the amount of support provided for in the support order, and, if a medical order
01 of support has been entered, the liability of the obligor for assistance granted under 02 AS 47.07 may not exceed the amount of support provided for in the medical order of 03 support. 04 * Sec. 5. AS 25.27.120(b) is amended to read: 05 (b) Subject to (c) of this section, an [AN] obligor is liable to the state in the 06 amount of the cost incurred if the state is maintaining a child to whom the obligor 07 owes a duty of support in a foster home or institution, except that , if a support order 08 has been entered [,] or an agreement for payment of that cost executed between the 09 obligor and the state, the liability of the obligor may not exceed the amount provided 10 in the support order or agreement. 11 * Sec. 6. AS 25.27.120(c) is amended to read: 12 (c) Within 30 days after the agency knows the identity [AND ADDRESS] of 13 an obligor [WHO RESIDES IN THE STATE AND] who is liable to the state under 14 this section, the agency shall determine the location of the obligor and send written 15 notification by certified mail to the obligor and the obligee of the obligor's accruing 16 liability and that the obligor shall make child support payments to the agency. The 17 notice required under this subsection must be in clear, concise, and easily readable 18 language. The notice may accompany other communications by the agency. 19 * Sec. 7. AS 25.27.120(e) is amended to read: 20 (e) The agency's failure to comply with (c) of this section bars [DOES NOT 21 BAR] an action by the state to recover amounts owed by the obligor , including 22 interest and penalties on those amounts, unless a support order or medical 23 support order, as applicable, has been entered . 24 * Sec. 8. AS 25.27.120(d) is repealed. 25 * Sec. 9. APPLICABILITY. AS 11.41.320(a), as amended by sec. 1 of this Act, and 26 AS 25.20.110(c), as amended by sec. 3 of this Act, apply to movements of children that occur 27 on or after the effective date of this Act. 28 * Sec. 10. Notwithstanding sec. 148, ch. 87, SLA 1997, the amendment made to 29 AS 25.27.120(c) by sec. 6 of this Act shall be retained when, under operation of sec. 148, ch. 30 87, SLA 1997, AS 25.27.120(c) is repealed and reenacted on July 1, 1999.