HB 375: "An Act relating to children in need of aid matters and proceedings; relating to murder of children, criminally negligent homicide, kidnapping, criminal nonsupport, the crime of indecent exposure, and the crime of endangering the welfare of a child; relating to registration of certain sex offenders; relating to sentencing for certain crimes involving child victims; relating to the state medical examiner and reviews of child fatalities; relating to teacher certification and convictions of crimes involving child victims; relating to access, confidentiality, and release of certain information concerning the care of children, child abuse and neglect, and child fatalities; authorizing the Department of Health and Social Services to enter into an interstate compact concerning adoption and medical assistance for certain children with special needs; authorizing the establishment of a multidisciplinary child protection team to review reports of child abuse or neglect; relating to immunity from liability for certain state actions concerning matters involving child protection and fatality reviews and children in need of aid; relating to persons required to report suspected child abuse or neglect; relating to foster care placement and to payment for children in foster and other care and the waiver of certain foster care requirements; relating to the access to certain criminal justice information and licensure of certain child care facilities; amending Rule 218, Alaska Rules of Appellate Procedure; amending Rules 1, 3, 15, 18, and 19, Alaska Child in Need of Aid Rules; and providing for an effective date."
00HOUSE BILL NO. 375 01 "An Act relating to children in need of aid matters and proceedings; relating to 02 murder of children, criminally negligent homicide, kidnapping, criminal nonsupport, 03 the crime of indecent exposure, and the crime of endangering the welfare of a 04 child; relating to registration of certain sex offenders; relating to sentencing for 05 certain crimes involving child victims; relating to the state medical examiner and 06 reviews of child fatalities; relating to teacher certification and convictions of 07 crimes involving child victims; relating to access, confidentiality, and release of 08 certain information concerning the care of children, child abuse and neglect, and 09 child fatalities; authorizing the Department of Health and Social Services to enter 10 into an interstate compact concerning adoption and medical assistance for certain 11 children with special needs; authorizing the establishment of a multidisciplinary 12 child protection team to review reports of child abuse or neglect; relating to 13 immunity from liability for certain state actions concerning matters involving child 14 protection and fatality reviews and children in need of aid; relating to persons
01 required to report suspected child abuse or neglect; relating to foster care 02 placement and to payment for children in foster and other care and the waiver 03 of certain foster care requirements; relating to the access to certain criminal 04 justice information and licensure of certain child care facilities; amending Rule 05 218, Alaska Rules of Appellate Procedure; amending Rules 1, 3, 15, 18, and 19, 06 Alaska Child in Need of Aid Rules; and providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. FINDINGS, INTENT, AND PURPOSE. (a) The legislature finds that 09 (1) it is the policy of the state to recognize that children are individuals who 10 have legal rights; among those rights are the right to 11 (A) freedom from substantial neglect of basic needs; 12 (B) freedom from physical, sexual, or emotional abuse or exploitation; 13 and 14 (C) permanency with a safe family; 15 (2) parents and guardians have a duty to afford their children the rights listed 16 in (1) of this subsection; parents and guardians have a duty to remove any impediment to their 17 ability to perform parental duties that afford these rights to their children; and when a parent 18 or guardian fails to fulfill these duties, the court may determine that it is in the best interests 19 of the child to remove the child from the parent or guardian either temporarily or permanently; 20 (3) parents and guardians have the right to direct the upbringing of their 21 children; 22 (4) it is the policy of the state that 23 (A) except in those cases involving serious risk to a child's health or 24 safety, the offer of appropriate family support services be made by the Department of 25 Health and Social Services to parents and guardians to allow them the opportunity to 26 adjust their circumstances, conduct, or conditions to prevent removal of a child from 27 their home and, if the child is removed, to make return of the child possible within a 28 reasonable time; 29 (B) parents and guardians have a duty to actively participate in family 30 support services to prevent removal of their children and to make return of their 31 children possible; and
01 (C) although there is a preference that children live in their own homes 02 with their own families, the legislature recognizes that not all parents and guardians 03 will adequately remedy their conduct or the conditions in their homes that endanger 04 their children; in those situations, the state must seek an alternative, safe, and 05 permanent home for the child; 06 (5) numerous studies establish that 07 (A) children undergo a critical attachment process before the time they 08 reach six years of age; 09 (B) a child who has not attached with an adult caregiver during this 10 critical stage will suffer significant emotional damage that frequently leads to chronic 11 psychological problems and antisocial behavior when the child reaches adolescence and 12 adulthood; and 13 (C) it is important to provide for an expedited placement procedure to 14 ensure that children under the age of six years who have been removed from their 15 homes are placed in permanent homes expeditiously; and 16 (6) it is in the best interests of a child who has been removed from the child's 17 own home for the state to apply the following principles in resolving such matters: 18 (A) the child should be placed in a safe, secure, and stable 19 environment; 20 (B) the child should not be moved unnecessarily; and 21 (C) a planning process should be followed to lead to permanent 22 placement of the child. 23 (b) The intent of this Act is to protect children from abuse and neglect without 24 prohibiting the use of reasonable methods of parental discipline or prescribing a particular 25 method of parenting. 26 (c) The purpose of this Act is to 27 (1) provide the legal mechanisms by which the state can use its resources to 28 implement the findings in this section for the best interest of children in this state; and 29 (2) expressly override the court decisions in the following cases: 30 (A) In Re S.A., 912 P.2d 1235 (Alaska 1996) and F.T. v. State, 862 31 P.2d 857 (Alaska 1993), concerning the standards to adjudicate a child in need of aid
01 when a parent or caregiver is willing, but unable, to provide essential care for a child; 02 (B) A.M. v. State, 891 P.2d 815 (Alaska 1995), and Nada A. v. State, 03 660 P.2d 436 (Alaska App. 1983), concerning the standards to terminate parental rights 04 when a parent is incarcerated; 05 (C) R.J.M. v. State, 946 P.2d 855 (Alaska 1997), concerning the type 06 of neglect necessary to adjudicate a child in need of aid under AS 47.10. 07 * Sec. 2. AS 10.06.961(a) is amended to read: 08 (a) Notwithstanding AS 13.46.085 or the appointment of a guardian of the 09 property of the child [MINOR] under AS 47.10.010 [AS 47.10.010(c)], when a child 10 [MINOR] who is in the custody of this state under AS 47.10 or a minor who is in the 11 custody of this state under AS 47.12 or of another state under a provision similar to 12 AS 47.10 or AS 47.12 becomes entitled to receive dividends or other distributions 13 resulting from the ownership of stock or a membership in a corporation organized 14 under this chapter and under 43 U.S.C. 1601 - 1641 (Alaska Native Claims Settlement 15 Act), the corporation paying the dividends or making the other distributions shall retain 16 the dividends and other distributions in an interest bearing account for the benefit of 17 the child or minor during the state custody. 18 * Sec. 3. AS 11.41.100(a) is amended to read: 19 (a) A person commits the crime of murder in the first degree if 20 (1) with intent to cause the death of another person, the person 21 (A) causes the death of any person; or 22 (B) compels or induces any person to commit suicide through 23 duress or deception; [OR] 24 (2) the person knowingly engages in conduct directed toward 25 [, UNDER CIRCUMSTANCES MANIFESTING EXTREME INDIFFERENCE TO 26 THE VALUE OF HUMAN LIFE, IN A PATTERN OR PRACTICE OF ASSAULT 27 OR TORTURE OF] a child under the age of 16, and [ONE OF THE ACTS OF 28 ASSAULT OR TORTURE RESULTS IN THE DEATH OF THE CHILD; FOR 29 PURPOSES OF THIS PARAGRAPH, A PERSON "ENGAGES IN A PATTERN OR 30 PRACTICE OF ASSAULT OR TORTURE" IF] the person recklessly or with 31 criminal negligence causes [INFLICTS] serious physical injury to the child by at least
01 two separate acts, and one of the acts results in the death of the child ; or 02 (3) the person intentionally, knowingly, recklessly, or with criminal 03 negligence causes the death of a child under the age of 16 during the course of 04 committing or attempting to commit sexual assault in the first degree, sexual 05 abuse of a minor in the first degree, or kidnapping . 06 * Sec. 4. AS 11.41.110(a) is amended to read: 07 (a) A person commits the crime of murder in the second degree if 08 (1) with intent to cause serious physical injury to another person or 09 knowing that the conduct is substantially certain to cause death or serious physical 10 injury to another person, the person causes the death of any person; 11 (2) the person knowingly engages in conduct that results in the death 12 of another person under circumstances manifesting an extreme indifference to the value 13 of human life; 14 (3) acting either alone or with one or more persons, the person commits 15 or attempts to commit arson in the first degree, kidnapping, sexual assault in the first 16 degree, sexual assault in the second degree, burglary in the first degree, escape in the 17 first or second degree, robbery in any degree, or misconduct involving a controlled 18 substance under AS 11.71.010(a), 11.71.020(a), 11.71.030(a)(1) or (2), or 19 11.71.040(a)(1) or (2) and, in the course of or in furtherance of that crime, or in 20 immediate flight from that crime, any person causes the death of a person other than 21 one of the participants; [OR] 22 (4) acting with a criminal street gang, the person commits or attempts 23 to commit a crime that is a felony and, in the course of or in furtherance of that crime 24 or in immediate flight from that crime, any person causes the death of a person other 25 than one of the participants ; or 26 (5) the person recklessly or with criminal negligence causes the 27 death of a child under the age of 16, and the person has been previously convicted 28 of a crime involving a child under the age of 16 that was 29 (A) in violation of AS 11.41; 30 (B) in violation of a law or ordinance in another jurisdiction 31 with elements similar to a crime under AS 11.41; or
01 (C) an attempt, a solicitation, or a conspiracy to commit the 02 crimes listed in (A) and (B) of this paragraph in violation of AS 11.41 or 03 of a law or ordinance in another jurisdiction with similar elements . 04 * Sec. 5. AS 11.41.130(b) is amended to read: 05 (b) Criminally negligent homicide is a class B [C] felony. 06 * Sec. 6. AS 11.41.300(a) is amended to read: 07 (a) A person commits the crime of kidnapping if 08 (1) the person restrains another with intent to 09 (A) hold the restrained person for ransom, reward, or other 10 payment; 11 (B) use the restrained person as a shield or hostage; 12 (C) inflict physical injury upon [OR SEXUALLY ASSAULT] 13 the restrained person or place the restrained person or a third person in 14 apprehension that any person will be subjected to serious physical injury [OR 15 SEXUAL ASSAULT]; 16 (D) interfere with the performance of a governmental or 17 political function; 18 (E) facilitate the commission of a felony or flight after 19 commission of a felony; [OR] 20 (F) commit an offense in violation of AS 11.41.410 - 21 11.41.438 upon the restrained person or place the restrained person or a 22 third person in apprehension that any person will be subjected to an 23 offense in violation of AS 11.41.410 - 11.41.438; or 24 (2) the person restrains another 25 (A) by secreting and holding the restrained person in a place 26 where the restrained person is not likely to be found; or 27 (B) under circumstances which expose the restrained person to 28 a substantial risk of serious physical injury. 29 * Sec. 7. AS 11.41.300(d) is amended to read: 30 (d) In a prosecution for kidnapping, it is an affirmative defense which reduces 31 the crime to a class A felony that the defendant voluntarily caused the release of the
01 victim alive in a safe place before arrest, or within 24 hours after arrest, without 02 having caused serious physical injury to the victim and without having engaged in 03 conduct described in AS 11.41.410, [AS 11.41.410(a) OR] 11.41.420 , 11.41.434, or 04 11.41.436 . 05 * Sec. 8. AS 11.41 is amended by adding a new section to read: 06 Sec. 11.41.458. Indecent exposure in the first degree. (a) An offender 07 commits the crime of indecent exposure in the first degree if 08 (1) the offender violates AS 11.41.460(a); 09 (2) while committing the act constituting the offense, the offender 10 knowingly masturbates; and 11 (3) the offense occurs within the observation of a person under 16 years 12 of age. 13 (b) Indecent exposure in the first degree is a class C felony. 14 * Sec. 9. AS 11.41.460 is amended to read: 15 Sec. 11.41.460. Indecent exposure in the second degree. (a) An offender 16 commits the crime of indecent exposure in the second degree if the offender 17 knowingly [INTENTIONALLY] exposes the offender's genitals to another person with 18 reckless disregard for the offensive, insulting, or frightening effect the act may have 19 on that person. 20 (b) Indecent exposure in the second degree before a person under 16 years 21 of age is a class A misdemeanor. Indecent exposure in the second degree before a 22 person 16 years of age or older is a class B misdemeanor. 23 * Sec. 10. AS 11.51.100 is repealed and reenacted to read: 24 Sec. 11.51.100. Endangering the welfare of a child in the first degree. (a) 25 A person commits the crime of endangering the welfare of a child in the first degree 26 if, being a parent, guardian, or other person legally charged with the care of a child 27 under 12 years of age, the person 28 (1) abandons the child in any place under circumstances creating a 29 substantial risk of physical injury to the child; 30 (2) leaves the child with another person who is not a parent, guardian, 31 or lawful custodian of the child, knowing that a third person at least 12 years old is
01 not present, and the other person 02 (A) is registered or required to register as a sex offender under 03 AS 12.63 or a law or ordinance in another jurisdiction with similar elements; 04 (B) has been charged by complaint, information, or indictment 05 with a violation of AS 11.41.410 - 11.41.455 or a law or ordinance in another 06 jurisdiction with similar elements; or 07 (C) has been charged by complaint, information, or indictment 08 with an attempt, solicitation, or conspiracy to commit a crime described in (B) 09 of this paragraph; or 10 (3) leaves the child with another person who has previously physically 11 mistreated or had sexual contact with the child, knowing that a third person at least 12 12 years old is not present, and the other person causes physical injury or engages in 13 sexual contact with the child. 14 (b) Endangering the welfare of a child in the first degree under (a)(1) or (2) 15 of this section is a class C felony. 16 (c) Endangering the welfare of a child in the first degree under (a)(3) of this 17 section is a 18 (1) class B felony if the child dies; 19 (2) class C felony if the child suffers serious physical injury or sexual 20 contact; or 21 (3) class A misdemeanor if the child suffers physical injury. 22 (d) In this section, "physically mistreated"means 23 (1) having committed an act punishable under AS 11.41.100 - 24 11.41.250; or 25 (2) having applied force to a child that, under the circumstances in 26 which it was applied, or considering the age or physical condition of the child, 27 constitutes a gross deviation from the standard of conduct that a reasonable person 28 would observe in the situation because of the substantial and unjustifiable risk of (A) 29 death; (B) serious or protracted disfigurement; (C) protracted impairment of health; (D) 30 loss or impairment of the function of a body member or organ; (E) substantial skin 31 bruising, burning, or other skin injury; (F) internal bleeding or subdural hematoma; (G)
01 bone fracture; or (H) prolonged or extreme pain, swelling, or injury to soft tissue. 02 * Sec. 11. AS 11.51 is amended by adding new sections to read: 03 Sec. 11.51.110. Endangering the welfare of a child in the second degree. 04 (a) A person commits the crime of endangering the welfare of a child in the second 05 degree if, being a parent, guardian, or other person legally charged with the care of a 06 child under six years of age, the person 07 (1) while caring for the child, knowingly possesses a controlled 08 substance that is not prescribed by a licensed health care practitioner; 09 (2) while caring for the child, is incapacitated by alcohol or a 10 controlled substance, and a third person, who is at least 12 years old and not 11 incapacitated by alcohol or a controlled substance, is not present to care for the child; 12 or 13 (3) leaves the child unattended for two hours or more. 14 (b) In this section, 15 (1) "incapacitated by alcohol or a controlled substance" means that a 16 person, as result of alcohol or a controlled substance, or both, is unconscious or the 17 person's judgment is so impaired that the person is incapable of making rational 18 decisions with respect to the basic safety or personal needs of a child under the age 19 of six; 20 (2) "unattended" means circumstances in which a child is unable, 21 through ordinary means available to the child, to quickly and easily contact a person 22 at least eight years old. 23 (c) Endangering the welfare of a child in the second degree is a violation. 24 Sec. 11.51.115. Criminal nonsupport in the first degree. (a) A person 25 commits the crime of criminal nonsupport in the first degree if, 26 (1) after administrative or court proceedings for a determination of an 27 obligation for child support are initiated involving the person, the person knowingly 28 conveys assets, property, or any thing of value to another person in order to avoid 29 payment of child support that may be ordered or has been ordered by the 30 administrative agency or court; or 31 (2) the person is an obligor under a support order for a child under
01 AS 25.27 and without lawful excuse fails to pay child support of an amount over 02 $10,000. 03 (b) In this section, "support order" has the meaning given in AS 25.27.900. 04 (c) Criminal nonsupport in the first degree is a class C felony. 05 * Sec. 12. AS 11.51.120 is amended to read: 06 Sec. 11.51.120. Criminal nonsupport in the second degree . (a) A person 07 commits the crime of criminal nonsupport in the second degree if, being a person 08 legally charged with the support of a child under 18 years of age, the person fails 09 without lawful excuse to provide support for the child. 10 (b) As used in this section "support" includes necessary food, care, clothing, 11 shelter, medical attention, support payments ordered by an administrative agency 12 or court, and education. There is no failure to provide medical attention to a child 13 if the child is provided treatment solely by spiritual means through prayer in 14 accordance with the tenets and practices of a recognized church or religious 15 denomination by an accredited practitioner of the church or denomination. 16 (c) Criminal nonsupport in the second degree is a class A misdemeanor. 17 * Sec. 13. AS 12.55.125(c) is amended to read: 18 (c) A defendant convicted of a class A felony may be sentenced to a definite 19 term of imprisonment of not more than 20 years, and shall be sentenced to the 20 following presumptive terms, subject to adjustment as provided in AS 12.55.155 - 21 12.55.175: 22 (1) if the offense is a first felony conviction and does not involve 23 circumstances described in (2) of this subsection, five years; 24 (2) if the offense is a first felony conviction [,] 25 (A) other than for manslaughter [,] and the defendant possessed 26 a firearm, used a dangerous instrument, or caused serious physical injury during 27 the commission of the offense, or knowingly directed the conduct constituting 28 the offense at a uniformed or otherwise clearly identified peace officer, 29 firefighter, correctional employee, emergency medical technician, paramedic, 30 ambulance attendant, or other emergency responder who was engaged in the 31 performance of official duties at the time of the offense, seven years;
01 (B) for manslaughter and the victim is a child under the age 02 of 16, seven years; 03 (3) if the offense is a second felony conviction, 10 years; 04 (4) if the offense is a third felony conviction and the defendant is not 05 subject to sentencing under (l) of this section, 15 years. 06 * Sec. 14. AS 12.55.125(k) is amended to read: 07 (k) A first felony offender convicted of an offense for which a presumptive 08 term of imprisonment is not specified under this section 09 (1) may be sentenced to a term of unsuspended imprisonment that 10 exceeds the presumptive term for a second or third felony offender convicted of 11 the same crime if the offender is convicted of criminally negligent homicide and 12 the victim is a child under the age of 16; 13 (2) except as provided in (1) of this subsection, may not be sentenced 14 to a term of unsuspended imprisonment that exceeds the presumptive term for a second 15 felony offender convicted of the same crime unless the court finds by clear and 16 convincing evidence that an aggravating factor under AS 12.55.155(c) is present, or 17 that circumstances exist that would warrant a referral to the three-judge panel under 18 AS 12.55.165. 19 * Sec. 15. AS 12.63.010(a) is amended to read: 20 (a) A sex offender who is physically present in the state shall register as 21 provided in this section. The sex offender shall register within 22 (1) the 30-day period before [SEVEN DAYS OF] release from an in- 23 state correctional facility; 24 (2) three [SEVEN] days of conviction for a sex offense if the sex 25 offender is not sentenced to a term of incarceration; or 26 (3) seven [14] days of becoming physically present in the state, except 27 the sex offender shall register within three [SEVEN] days of becoming physically 28 present in the state if the sex offender 29 (A) is a probationer or parolee being supervised by the state as 30 the receiving state under AS 33.36.110 - 33.36.120; or 31 (B) has been released from an out-of-state correctional facility
01 where the sex offender was serving a term of incarceration for a sex offense 02 conviction in this state. 03 * Sec. 16. AS 12.63.010(b) is amended to read: 04 (b) A sex offender required to register under (a)(1) [(a)] of this section shall 05 register at the in-state correctional facility in which the offender is incarcerated. 06 If the sex offender is required to register under (a)(2) or (3) of this section, the 07 sex offender shall register in person at the Alaska state trooper post or municipal 08 police department located nearest to where the sex offender resides at the time of 09 registration. To fulfill the registration requirement, the sex offender shall 10 (1) complete a registration form that includes, at a minimum, the sex 11 offender's name, address, place of employment, date of birth, each conviction for a sex 12 offense for which the duty to register has not terminated under AS 12.63.020, date of 13 sex offense convictions, place and court of sex offense convictions, all aliases used, 14 and driver's license number; 15 (2) allow the correctional facility, Alaska state troopers , or municipal 16 police to take a complete set of the sex offender's fingerprints and to take the sex 17 offender's photograph. 18 * Sec. 17. AS 12.65.005(a) is amended to read: 19 (a) Unless the person has reasonable grounds to believe that notice has already 20 been given, a person who attends a death or has knowledge of a death, in addition to 21 notifying a peace officer, shall immediately notify the state medical examiner when the 22 death appears to have 23 (1) been caused by unknown or criminal means, during the commission 24 of a crime, or by suicide, accident, or poisoning; 25 (2) occurred under suspicious or unusual circumstances or occurred 26 suddenly when the decedent was in apparent good health; 27 (3) been unattended by a practicing physician or occurred less than 24 28 hours after the deceased was admitted to a medical facility; 29 (4) been associated with a diagnostic or therapeutic procedure; 30 (5) resulted from a disease that constitutes a threat to public health; 31 (6) been caused by a disease, injury, or toxic agent resulting from
01 employment; 02 (7) occurred in a jail or corrections facility owned or operated by the 03 state or a political subdivision of the state or in a facility for the placement of persons 04 in the custody or under the supervision of the state; 05 (8) occurred in a foster home; 06 (9) occurred in a mental institution or mental health treatment facility; 07 [OR] 08 (10) occurred while the deceased was in the custody of, or was being 09 taken into the custody of, the state or a political subdivision of the state or a public 10 officer or agent of the state or a political subdivision of the state ; or 11 (11) been of a child under 18 years of age or under the legal 12 custody of the Department of Health and Social Services subject to the 13 jurisdiction of AS 47.10 or AS 47.12, unless the 14 (A) child's death resulted from a natural disease process and 15 was medically expected; and 16 (B) the child was under medical care during the 24 hours 17 before the death . 18 * Sec. 18. AS 12.65.015 is amended by adding a new subsection to read: 19 (e) The state medical examiner may appoint local, regional, and district child 20 fatality review teams to assist local, regional, and district medical examiners in 21 determining the cause and manner of deaths of children under 18 years of age. If a 22 team is appointed under this section, the team shall have the same access to 23 information, confidentiality requirements, and immunity as provided to the state child 24 fatality review team under AS 12.65.140. A meeting of a team appointed under this 25 subsection is closed to the public and not subject to the provisions of AS 44.62.310 - 26 44.62.312. A review by a local, regional, or district child fatality review team does 27 not relieve the state child fatality review team under AS 12.65.120 of the responsibility 28 for reviewing these deaths under AS 12.65.130. A person appointed to a local, 29 regional, or district child fatality review team is not eligible to receive compensation 30 from the state for service on the team, but the person is eligible for travel and per 31 diem from the Department of Health and Social Services under AS 39.20.180. A
01 person appointed to a team under this subsection serves at the pleasure of the state 02 medical examiner. 03 * Sec. 19. AS 12.65 is amended by adding new sections to read: 04 Sec. 12.65.120. State child fatality review team. (a) The state child fatality 05 review team is established in the Department of Health and Social Services to assist 06 the state medical examiner. The team is composed of 07 (1) the following persons, or that person's designee: 08 (A) the state medical examiner; 09 (B) a state prosecutor with experience in homicide prosecutions, 10 appointed by the attorney general; 11 (C) an investigator with the state troopers who has experience 12 in conducting investigations of homicide, child abuse, or child neglect, 13 appointed by the commissioner of public safety; 14 (D) a social worker with the Department of Health and Social 15 Services who has experience in conducting investigations of child abuse and 16 neglect, appointed by the commissioner of health and social services; 17 (2) the following persons, or that person's designee, appointed by the 18 commissioner of health and social services: 19 (A) a physician licensed under AS 08.64 who 20 (i) specializes in neonatology or perinatology; or 21 (ii) is certified by the American Board of Pediatrics; 22 (B) a municipal law enforcement officer with experience in 23 conducting investigations of homicide, child abuse, or child neglect; 24 (C) other persons whose experience and expertise would, as 25 determined by the commissioner of health and social services, contribute to the 26 effectiveness of the team. 27 (b) A team member is not eligible to receive compensation from the state for 28 service on the team. A member appointed under (a)(2) of this section 29 (1) is eligible for travel and per diem from the Department of Health 30 and Social Services under AS 39.20.180; and 31 (2) serves at the pleasure of the commissioner of health and social
01 services. 02 (c) In addition to the persons specified in (a) and (b) of this section, the team 03 may invite a person to participate as a member of the team if the person has expertise 04 that would be helpful to the team in a review of a specific death. A person 05 participating under this subsection is eligible only for travel and per diem from the 06 Department of Health and Social Services under AS 39.20.180. 07 (d) The state medical examiner serves as chair of the team. 08 Sec. 12.65.130. State child fatality review team duties. (a) The state child 09 fatality review team shall 10 (1) assist the state medical examiner in determining the cause and 11 manner of the deaths in this state of children under the age of 18 years; 12 (2) unless the child's death is currently being investigated by law 13 enforcement, review any report of a death of a child within 48 hours of the report 14 being received by the medical examiner if 15 (A) the death is of a child under the age of 10 years; 16 (B) the deceased child, a sibling, or a member of the deceased 17 child's household 18 (i) is in the legal or physical custody of the state under 19 AS 47, or under similar custody of another state or political subdivision 20 of a state; or 21 (ii) has been the subject of a report of harm under 22 AS 47.17, or a child abuse or neglect investigation by the Department 23 of Health and Social Services or by a similar child protective service in 24 this or another state; 25 (C) a protective order under AS 18.66.100 or 18.66.110 has 26 been in effect during the previous year in which the petitioner or respondent 27 was a member of the deceased child's immediate family or household; or 28 (D) the child's death occurred in a mental health institution, 29 mental health treatment facility, foster home, or other residential or child care 30 facility, including a day care facility; 31 (3) review records concerning
01 (A) abuse or neglect of the deceased child or another child in 02 the deceased child's household; 03 (B) the criminal history or juvenile delinquency of a person who 04 may have caused the death of the child and of persons in the deceased child's 05 household; and 06 (C) a history of domestic violence involving a person who may 07 have caused the death of the child or involving persons in the deceased child's 08 household, including records in the central registry of protective orders under 09 AS 18.65.540; 10 (4) if insufficient information exists to adequately determine the cause 11 and manner of death, recommend to the state medical examiner that additional 12 information be obtained under AS 12.65.020; and 13 (5) if a local, regional, or district child fatality review team has not 14 been appointed under AS 12.65.015 or is not available, be available to provide 15 recommendations, suggestions, and advice to state or municipal law enforcement or 16 social service agencies in the investigation of deaths of children. 17 (b) The state child fatality review team may 18 (1) collect data and analyze and interpret information regarding deaths 19 of children in this state; 20 (2) develop state and local data bases on deaths of children in this state; 21 (3) develop a model protocol for the investigation of deaths of children; 22 and 23 (4) periodically issue reports to the public containing statistical data and 24 other information that does not violate federal or state law concerning confidentiality 25 of the children and their families involved in the reviews; these reports may include 26 (A) identification of trends, patterns, and risk factors in deaths 27 of the children; 28 (B) analysis on the incidence and causes of deaths of children 29 in this state; 30 (C) recommendations for improving the coordination of 31 government services and investigations; and
01 (D) recommendations for prevention of future deaths of 02 children. 03 Sec. 12.65.140. Records; information; meetings; confidentiality; immunity. 04 (a) The state child fatality review team and its members shall have access to all 05 information and records to which the state medical examiner has access under this 06 chapter. The state child fatality review team and its members shall maintain the 07 confidentiality of information and records concerning deaths under review, except 08 when disclosures may be necessary to enable the team to carry out its duties under this 09 chapter. However, the team and its members may not disclose a record that is 10 confidential under federal or state law. 11 (b) Except for public reports issued by the team, records and other information 12 collected by the team or a member of the team related to duties under this chapter are 13 confidential and not subject to public disclosure under AS 09.25.100 - 09.25.220. 14 (c) Meetings of the state child fatality review team are closed to the public and 15 are not subject to the provisions of AS 44.62.310 - 44.62.312. 16 (d) The determinations, conclusions, and recommendations of the state child 17 fatality review team, or its members, are not admissible in any civil or criminal 18 proceeding. Members may not be compelled to disclose their determinations, 19 conclusions, recommendations, discussions, or thought processes through discovery or 20 testimony in any civil or criminal proceeding. Records and information collected by 21 the state child fatality review team are not subject to discovery or subpoena in 22 connection with a civil or criminal proceeding. 23 (e) Notwithstanding (d) of this section, the state medical examiner may testify 24 in a civil or criminal proceeding even though the death was reviewed by the state child 25 fatality review team under AS 12.65.130 and information received from the review 26 formed a basis of the state medical examiner's testimony. 27 (f) A person who is a member or an employee of, or who furnishes services 28 to or advises the state child fatality review team, is not liable for damages or other 29 relief in an action brought by reason of the performance of a duty, a function, or an 30 activity of the review team. 31 * Sec. 20. AS 14.20.020(f) is amended to read:
01 (f) The [EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, 02 THE] department may not issue a teacher certificate to a person who has been 03 convicted of a crime involving a minor under AS 11.41.434 - 11.41.440, 11.41.455, 04 11.41.458, or 11.41.460, or under a law in another jurisdiction with elements 05 substantially similar to an offense described in AS 11.41.434 - 11.41.440, 11.41.455, 06 11.41.458, or 11.41.460 , or that is an attempt, solicitation, or conspiracy to commit 07 a crime described in this subsection or a law or ordinance in another jurisdiction 08 with similar elements . [WHEN FIVE YEARS HAVE ELAPSED AFTER A 09 PERSON HAS RECEIVED AN UNCONDITIONAL DISCHARGE FOR A 10 CONVICTION OF A CRIME LISTED IN THIS SUBSECTION, THE PERSON MAY 11 PETITION THE DEPARTMENT TO ISSUE THE CERTIFICATE IN SPITE OF THE 12 CONVICTION IF THE PERSON OTHERWISE SATISFIES THE REQUIREMENTS 13 FOR THE CERTIFICATE. WHEN DECIDING WHETHER TO GRANT OR DENY 14 THE PETITION, THE DEPARTMENT SHALL CONSIDER THE NATURE OF THE 15 PARTICULAR CRIME, WHETHER AND TO WHAT EXTENT THE PERSON HAS 16 BEEN REHABILITATED, AND THE OTHER FACTORS THAT THE 17 DEPARTMENT DETERMINES ARE SIGNIFICANT.] 18 * Sec. 21. AS 14.20.030(b) is amended to read: 19 (b) Upon receipt of a judgment of conviction, the department [THE 20 COMMISSIONER OR THE PROFESSIONAL TEACHING PRACTICES 21 COMMISSION] shall revoke , effective immediately, permanently [FOR LIFE] the 22 certificate of a person who has been convicted of a crime involving a minor under 23 AS 11.41.434 - 11.41.440, 11.41.455, 11.41.458, or 11.41.460, or under a law in 24 another jurisdiction with elements substantially similar to an offense described in 25 AS 11.41.434 - 11.41.440, 11.41.455, 11.41.458, or 11.41.460 , or that is an attempt, 26 solicitation, or conspiracy to commit a crime described in this subsection or a law 27 or ordinance in another jurisdiction with similar elements. If the judgment of 28 conviction is reversed on appeal, and the person is otherwise eligible for licensure, 29 the department shall reinstate the license . [WHEN FIVE YEARS HAVE ELAPSED 30 AFTER THE PERSON HAS RECEIVED AN UNCONDITIONAL DISCHARGE FOR 31 THE CONVICTION, THE PERSON MAY PETITION THE COMMISSION FOR
01 RECERTIFICATION. WHEN DECIDING WHETHER TO GRANT OR DENY THE 02 PETITION, THE COMMISSION SHALL CONSIDER THE NATURE OF THE 03 PARTICULAR CRIME, WHETHER AND TO WHAT EXTENT THE PERSON HAS 04 BEEN REHABILITATED, AND THE OTHER FACTORS THAT THE 05 COMMISSION DETERMINES ARE SIGNIFICANT.] 06 * Sec. 22. AS 18.65.087(a) is amended to read: 07 (a) The Department of Public Safety shall maintain a central registry of sex 08 offenders required to register under AS 12.63.010 and shall adopt regulations necessary 09 to carry out the purposes of this section and AS 12.63. A post of the Alaska state 10 troopers , [OR] a municipal police department , or the Department of Corrections that 11 receives information under AS 12.63.010 shall forward the information within five 12 working days of receipt to the central registry of sex offenders. 13 * Sec. 23. AS 22.15.100 is amended to read: 14 Sec. 22.15.100. Functions and powers of district judge and magistrate. 15 Each district judge and magistrate has the power 16 (1) to issue writs of habeas corpus for the purpose of inquiring into the 17 cause of restraint of liberty, returnable before a judge of the superior court, and the 18 same proceedings shall be had on the writ as if it had been granted by the superior 19 court judge under the laws of the state in such cases; 20 (2) of a notary public; 21 (3) to solemnize marriages; 22 (4) to issue warrants of arrest, summons, and search warrants according 23 to manner and procedure prescribed by law and the supreme court; 24 (5) to act as an examining judge or magistrate in preliminary 25 examinations in criminal proceedings; to set, receive, and forfeit bail and to order the 26 release of defendants under bail; 27 (6) to act as a referee in matters and actions referred to the judge or 28 magistrate by the superior court, with all powers conferred upon referees by laws; 29 (7) of the superior court in all respects including [BUT NOT LIMITED 30 TO] contempts, attendance of witnesses, and bench warrants; 31 (8) to order the temporary detention of a minor, or take other action
01 authorized by law or rules of procedure, in cases arising under AS 47.10 02 [AS 47.10.010 - 47.10.142] or AS 47.12, when the child [MINOR] is in a condition 03 or surrounding dangerous or injurious to the welfare of the child [MINOR] or others 04 that requires immediate action; the action may be continued in effect until reviewed 05 by the superior court in accordance with rules of procedure governing these cases; 06 (9) to issue a protective order in cases involving domestic violence as 07 provided in AS 18.66.100 - 18.66.180; 08 (10) to review an administrative revocation of a person's driver's 09 license or nonresident privilege to drive, and an administrative refusal to issue an 10 original license, when designated as a hearing officer by the commissioner of 11 administration and with the consent of the administrative director of the state court 12 system; 13 (11) to establish the fact of death or inquire into the death of a person 14 in the manner prescribed under AS 09.55.020 - 09.55.069. 15 * Sec. 24. AS 33.30.012(a) is amended to read: 16 (a) Within the 30 days [AT THE EARLIEST POSSIBLE DATE, AND IN 17 NO EVENT LATER THAN 10 DAYS] before release, the commissioner shall 18 complete the registration of a [THE] sex offender being released as provided in 19 AS 12.63.010(a)(1) and send written notice of release, parole, community placement, 20 work release placement, or furlough of a specific inmate convicted of a sex offense 21 to[:] 22 (1) the chief of police of the community, if any, in which the inmate 23 will reside; 24 (2) the Alaska state trooper post located nearest to where the inmate 25 will reside; and 26 (3) the village public safety officer of the rural community without a 27 municipal police department or Alaska state trooper post in which the inmate will 28 reside. 29 * Sec. 25. AS 47.05 is amended by adding a new section to read: 30 Sec. 47.05.090. Authorization of the Interstate Compact on Adoption and 31 Medical Assistance. (a) The Department of Health and Social Services is authorized
01 to enter into on behalf of the state the Interstate Compact on Adoption and Medical 02 Assistance and supplementary agreement with agencies of other states for the provision 03 of adoption and medical assistance under AS 47.07 and other provisions of this title 04 for eligible children with special needs. 05 (b) In this section, "state" includes a state, territory, possession, or 06 commonwealth of the United States. 07 * Sec. 26. AS 47.10 is amended by adding a new section to read: 08 Sec. 47.10.005. Construction. The provisions of this chapter shall be liberally 09 construed to the end that a child coming within the jurisdiction of the court under this 10 chapter may receive the care, guidance, treatment, and control that will promote the 11 child's welfare. 12 * Sec. 27. AS 47.10.010 is repealed and reenacted to read: 13 Sec. 47.10.010. Jurisdiction. (a) Proceedings relating to a child under 18 14 years of age residing or found in the state are governed by this chapter, except as 15 otherwise provided in this chapter, when the child is alleged to be or may be 16 determined by the court to be a child in need of aid under AS 47.10.011. 17 (b) In a controversy concerning custody of a child under this chapter, the court 18 may appoint a guardian of the person and property of a child and may order support 19 from either or both parents. Custody of a child may be given to the department, and 20 payment of support money to the department may be ordered. 21 * Sec. 28. AS 47.10 is amended by adding new sections to read: 22 Sec. 47.10.011. Children in need of aid. The court may find a child to be 23 a child in need of aid if it finds by a preponderance of the evidence that the child has 24 been subjected to any of the following: 25 (1) the parent or guardian has abandoned the child as described in 26 AS 47.10.013; 27 (2) a parent, guardian, or custodian has been incarcerated for domestic 28 violence, or a parent, guardian, or custodian who has been incarcerated for reasons not 29 related to domestic violence has not arranged for safe and appropriate care for the 30 child; 31 (3) a custodian with whom the child has been left is unwilling or
01 unable to provide care, supervision, or support for the child, and the whereabouts of 02 the parent or guardian is unknown; 03 (4) the child is habitually absent from home or refuses to accept 04 available care and the child's conduct threatens the child's physical or emotional health 05 or safety; 06 (5) the child is in need of medical treatment to cure, alleviate, or 07 prevent physical harm, or is in need of treatment for emotional harm as evidenced by 08 observable impairment in the child's functioning or development, including failure to 09 thrive, extreme anxiety, depression, withdrawal, or aggressive or hostile behavior 10 toward self or others, and the child's parent, guardian, or custodian has knowingly 11 failed to provide the treatment; 12 (6) the child has suffered physical harm or there is a substantial risk 13 that the child will suffer physical harm, as a result of conduct by or conditions created 14 by the child's parent, guardian, or custodian or by the failure of the parent, guardian, 15 or custodian adequately to supervise the child; 16 (7) the child has suffered sexual abuse, or there is a substantial risk that 17 the child will suffer sexual abuse, as a result of conduct by or conditions created by 18 the child's parent, guardian, or custodian or by the failure of the parent, guardian, or 19 custodian to adequately supervise the child; if a parent, guardian, or custodian has 20 actual notice that a person has been convicted of a sex offense against a minor within 21 the past 15 years, is registered or required to register as a sex offender under 22 AS 12.63, or is under investigation for a sex offense against a minor, and the parent, 23 guardian, or custodian subsequently allows a child to be left with that person, this 24 conduct constitutes prima facie evidence that the child is at substantial risk of being 25 sexually abused; 26 (8) conduct by or conditions created by the parent, guardian, or 27 custodian have resulted in emotional harm to the child as may be indicated by 28 observable impairment in the child's functioning or development, including failure to 29 thrive, extreme anxiety, depression, withdrawal, or aggressive or hostile behavior 30 toward self or others; exposure to domestic violence is prima facie evidence of 31 emotional harm to the child;
01 (9) conduct by or conditions created by the parent, guardian, or 02 custodian have subjected the child or another child in the same household to neglect; 03 (10) the parent, guardian, or custodian's ability to parent has been 04 substantially impaired by the addictive or habitual use of intoxicants or controlled 05 substances; the resumption of use of intoxicants or of a controlled substance as 06 described in this paragraph by a parent, guardian, or custodian, after rehabilitation or 07 a period of abstinence, is prima facie evidence that the ability to parent is substantially 08 impaired as described in this paragraph; 09 (11) the parent, guardian, or custodian has a mental illness, serious 10 emotional disturbance, or mental deficiency of such nature and duration as to render 11 the parent, guardian, or custodian incapable of providing proper care for the child for 12 extended periods of time; 13 (12) the child has committed an illegal act as a result of pressure, 14 guidance, or approval from the child's parent, guardian, or custodian. 15 Sec. 47.10.013. Abandonment. For purposes of this chapter, the court may 16 find abandonment of a child if a parent or guardian has consciously disregarded 17 parental responsibilities toward the child. Abandonment of a child includes the 18 following instances when the parent or guardian without justifiable cause 19 (1) left the child with another person without provision for the child's 20 support and without meaningful communication with the child for a period of 21 (A) one month if the child was under one year of age at the 22 time of the commencement of the one-month period; 23 (B) three months if the child was under six years of age at the 24 commencement of the three-month period; or 25 (C) six months if the child was six years of age or older at the 26 commencement of the six-month period; 27 (2) by conduct or omission shows a conscious disregard of parental 28 responsibilities, including 29 (A) failure, for a period of at least six months, to maintain 30 regular visitation with the child; 31 (B) failure to participate in any plan or program designed to
01 reunite the parent or guardian with the child, including the failure to actively 02 participate in family support services; 03 (C) leaving the child without affording means of identifying the 04 child and the child's parent or guardian; 05 (D) failure to respond to notice of child protective proceedings; 06 (E) unwillingness of the parent or guardian to provide care, 07 support, or supervision for the child for any length of time; or 08 (F) any other conduct indicating a conscious disregard of 09 parental responsibilities; or 10 (3) is absent and the absence creates a risk of serious harm to the child. 11 Sec. 47.10.015. Neglect. For purposes of this chapter, the court may find 12 neglect of a child if the parent, guardian, or custodian fails to provide the child with 13 adequate food, clothing, shelter, education, medical attention, or other care and control 14 necessary for the child's physical, mental, and emotional health and development, 15 though financially able to do so or offered financial or other reasonable means to do 16 so. Neglect includes conduct by a parent, guardian, or custodian described in 17 AS 11.51.100 - 11.51.130. 18 Sec. 47.10.017. Physical harm. For the purposes of this chapter, the court 19 may find physical harm or substantial risk of physical harm of a child if either of the 20 following occurs: 21 (1) the child was the victim of an act described in AS 11.41.100 - 22 11.41.250, 11.41.300, 11.41.410 - 11.41.455, or AS 11.51.100 and the physical harm 23 occurred as a result of conduct by or conditions created by a parent, guardian, or 24 custodian; or 25 (2) an act or omission by a parent, guardian, or custodian creates a 26 substantial risk of injury to the child. 27 * Sec. 29. AS 47.10.020(a) is amended to read: 28 (a) Whenever circumstances subject a child [MINOR] to the jurisdiction of the 29 court under AS 47.10.005 - 47.10.142 [AS 47.10.010 - 47.10.142], the court shall 30 appoint a competent person or state agency to make a preliminary inquiry and report 31 for the information of the court to determine whether the best interests of the child
01 [MINOR] require that further action be taken . If [; IF], under this subsection, the 02 court appoints a person or state agency to make a preliminary inquiry and to report 03 to it, then upon the receipt of the report, the court may 04 (1) close [INFORMALLY ADJUST] the matter without a court 05 hearing ; 06 (2) determine whether the best interests of the child require that 07 further action be taken; [,] or 08 (3) [IT MAY] authorize the person or state agency having knowledge 09 of the facts of the case to file with the court a petition setting out the facts [; IF THE 10 COURT INFORMALLY ADJUSTS THE MATTER, THE MINOR MAY NOT BE 11 DETAINED OR TAKEN INTO THE CUSTODY OF THE COURT AS A 12 CONDITION OF THE ADJUSTMENT, AND THE MATTER SHALL BE CLOSED 13 BY THE COURT UPON ADJUSTMENT]. 14 * Sec. 30. AS 47.10.020(b) is amended to read: 15 (b) The petition and all subsequent pleadings shall be styled as follows: "In 16 the matter of . . . . . . . . . . . . . . . . . . . . . . . ., a child [MINOR] under 18 years of 17 age." The petition may be executed upon the petitioner's information and belief, and 18 must be verified. It must include the following information: 19 (1) the name, address , and occupation of the petitioner, together with 20 the petitioner's relationship to the child [MINOR], and the petitioner's interest in the 21 matter; 22 (2) the name, age , and address of the child [MINOR]; 23 (3) a brief statement of the facts that bring the child [MINOR] within 24 this chapter; 25 (4) the names and addresses of the child's [MINOR'S] parents; 26 (5) the tribal affiliation, if any, of the child; 27 (6) the name and address of the child's [MINOR'S] guardian, or of the 28 person having control or custody of the child [MINOR]. 29 * Sec. 31. AS 47.10.050(a) is amended to read: 30 (a) Whenever in the course of proceedings instituted under this chapter it 31 appears to the court that the welfare of a child [MINOR] will be promoted by the
01 appointment of an attorney to represent the child [MINOR OR AN ATTORNEY OR 02 OTHER PERSON TO SERVE AS GUARDIAN AD LITEM], the court may make the 03 appointment. If it appears to the court that the welfare of a child in the 04 proceeding will be promoted by the appointment of an attorney or other person 05 to serve as guardian ad litem, the court shall make the appointment. Appointment 06 of a guardian ad litem or attorney shall be made under the terms of AS 25.24.310. 07 * Sec. 32. AS 47.10.070 is amended by adding a new subsection to read: 08 (c) The court shall provide the foster parents of a child or any relative 09 providing out-of-home care for the child with notice of, and an opportunity to be heard 10 in any hearing to be held with respect to the child. The court may limit the presence 11 of these persons at any hearing to the time during which their testimony is being 12 given, if it is in the best interests of the child or protects the privacy interests of the 13 parties without detriment to the child. This subsection may not be construed to require 14 that these persons be made a party to the proceeding. 15 * Sec. 33. AS 47.10.080(a) is amended to read: 16 (a) An adjudication hearing shall be completed within 120 days after a 17 finding of probable cause is entered unless the court finds good cause to continue 18 the hearing. The court, at the conclusion of the hearing, or thereafter as the 19 circumstances of the case may require, shall find and enter a judgment that the child 20 [MINOR] is or is not a child in need of aid. 21 * Sec. 34. AS 47.10.080(c) is amended to read: 22 (c) If the court finds that the child [MINOR] is a child in need of aid, it shall 23 (1) order the child [MINOR] committed to the department for 24 placement in an appropriate setting for a period of time not to exceed two years or in 25 any event past the date the child [MINOR] becomes 19 years of age, except that the 26 department or guardian ad litem may petition for and the court may grant in a 27 hearing (A) two-year extensions of commitment that do not extend beyond the child's 28 [MINOR'S] 19th birthday if the extension is in the best interests of the child 29 [MINOR]; and (B) an additional one-year period of custody [SUPERVISION] past age 30 19 if the continued custody [SUPERVISION] is in the best interests of the person and 31 the person consents to it; the department may transfer the child [MINOR], in the
01 child's [MINOR'S] best interests, from one placement setting to another, and the child 02 [MINOR], the child's [MINOR'S] parents or guardian, the child's guardian ad litem, 03 [AND] the child's [MINOR'S] attorney , and the child's tribe, if any, are entitled to 04 reasonable notice of the transfer; in a non-emergency transfer, a person listed in 05 this paragraph shall receive advance notice of the transfer, if possible; if a person 06 listed in this paragraph is opposed to the transfer, the person may petition the 07 court for a hearing and must prove an abuse of discretion by the department for 08 the court to deny the transfer; 09 (2) order the child [MINOR] released to the child's [MINOR'S] 10 parents, guardian, or some other suitable person, and, in appropriate cases, order the 11 parents, guardian, or other person to provide medical or other care and treatment; if 12 the court releases the child [MINOR], it shall direct the department to supervise the 13 care and treatment given to the child [MINOR], but the court may dispense with the 14 department's supervision if the court finds that the adult to whom the child [MINOR] 15 is released will adequately care for the child [MINOR] without supervision; the 16 department's supervision may not exceed two years or in any event extend past the 17 date the child [MINOR] reaches age 19, except that the department or guardian ad 18 litem may petition for and the court may grant in a hearing 19 (A) two-year extensions of supervision that do not extend 20 beyond the child's [MINOR'S] 19th birthday if the extension is in the best 21 interests of the child [MINOR]; and 22 (B) an additional one-year period of supervision past age 19 if 23 the continued supervision is in the best interests of the person and the person 24 consents to it; or 25 (3) [BY] order, under (o) of this section or AS 47.10.088, the 26 termination of [UPON A SHOWING IN THE ADJUDICATION BY CLEAR AND 27 CONVINCING EVIDENCE THAT THERE IS A CHILD IN NEED OF AID UNDER 28 AS 47.10.010(a) AS A RESULT OF PARENTAL CONDUCT AND UPON A 29 SHOWING IN THE DISPOSITION BY CLEAR AND CONVINCING EVIDENCE 30 THAT THE PARENTAL CONDUCT IS LIKELY TO CONTINUE TO EXIST IF 31 THERE IS NO TERMINATION OF PARENTAL RIGHTS, TERMINATE] parental
01 rights and responsibilities of one or both parents, and commit the child to the custody 02 of the department [OR TO A LEGALLY APPOINTED GUARDIAN OF THE 03 PERSON OF THE CHILD], and the department [OR GUARDIAN] shall report 04 annually to the court on efforts being made to find a permanent placement for the 05 child. 06 * Sec. 35. AS 47.10.080(f) is amended to read: 07 (f) A child [MINOR] found to be a child in need of aid is a ward of the state 08 while committed to the department or the department has the power to supervise the 09 child's [MINOR'S] actions. After the permanency hearing, as required in (l) of 10 this section, the [THE] court shall review an order made under (c)(1) or (2) of this 11 section annually, and may review the order more frequently , to determine if continued 12 placement or supervision, as it is being provided, is in the best interest of the minor. 13 [IF ANNUAL REVIEW UNDER THIS SUBSECTION WOULD ARISE WITHIN 90 14 DAYS OF THE HEARING REQUIRED UNDER (l) OF THIS SECTION, THE 15 COURT MAY POSTPONE REVIEW UNDER THIS SUBSECTION UNTIL THE 16 TIME SET FOR THE HEARING.] The department, the child [MINOR], the child's 17 [MINOR'S] parents or [,] guardian, and the guardian ad litem [OR CUSTODIAN] 18 are entitled, when good cause is shown, to a review on application. If the application 19 is granted, the court shall afford these parties and their counsel reasonable notice in 20 advance of the review and hold a hearing where these parties and their counsel shall 21 be afforded an opportunity to be heard. The child [MINOR] shall be afforded the 22 opportunity to be present at the review. 23 * Sec. 36. AS 47.10.080(i) is amended to read: 24 (i) A child [MINOR], the child's [MINOR'S] parents , [OR] guardian, or 25 attorney acting on the child's [MINOR'S] behalf, or the department may appeal a 26 judgment or order, or the stay, modification, setting aside, revocation, or enlargement 27 of a judgment or order issued by the court under this chapter. Absent extraordinary 28 circumstances, a decision on the appeal shall be issued no later than 90 days after 29 the latest of the following: 30 (1) oral argument, if any, is heard on the appeal; 31 (2) the filing of the appellant's reply brief, if a cross-appeal is not
01 filed by the appellee; 02 (3) the filing of the appellee's reply brief to the appellant's 03 opposition brief on the appellee's cross-appeal, if a cross-appeal is filed by the 04 appellee. 05 * Sec. 37. AS 47.10.080(l) is amended to read: 06 (l) Within 12 [18] months after the date the child enters foster care as 07 calculated under AS 47.10.088(f) [A CHILD IS INITIALLY REMOVED FROM 08 THE CHILD'S HOME BY THE DEPARTMENT UNDER AS 47.10.142(c)] or is 09 committed to the custody of the department under (c)(1) or (3) of this section or 10 AS 47.14.100(c), the court shall hold a permanency hearing to review the placement 11 and services provided and to determine the future status of the child [MINOR]. The 12 court shall make appropriate written findings, including findings related to the 13 following: 14 (1) whether the parent or guardian has made progress to remedy 15 the parent's or guardian's conduct or conditions in the home that made the child 16 a child in need of aid under this chapter; 17 (2) whether the child should be returned to the parent or guardian ; 18 (3) [(2)] whether the child should remain in out-of-home care for a 19 specified period; 20 (4) [(3)] whether the child should remain in out-of-home care on a 21 permanent or long-term basis because of special needs or circumstances; 22 (5) [(4)] whether the child should be placed for adoption or legal 23 guardianship. 24 * Sec. 38. AS 47.10.080(o) is amended to read: 25 (o) For purposes of terminating a parent's parental rights under [THE 26 STANDARDS IN] (c)(3) of this section, the court may determine that incarceration 27 of the parent is sufficient grounds for determining that a child [MINOR] is a child in 28 need of aid under AS 47.10.011 [AS 47.10.010(a)(1)] as a result of parental conduct 29 and that the conduct is likely to continue if the court finds, based on clear and 30 convincing evidence, that the 31 (1) period of incarceration that the parent is scheduled to serve during
01 the child's minority is significant considering the child's age and the child's need for 02 an adult's care and supervision; and 03 (2) parent has failed to make adequate provisions for care of the child 04 during the period of incarceration that will be during the child's minority. 05 * Sec. 39. AS 47.10.082 is amended to read: 06 Sec. 47.10.082. Best interests of child and other considerations. In making 07 its dispositional order under AS 47.10.080(c), the court shall consider 08 (1) the best interests of the child; and 09 (2) the ability of the state to take custody and to care for the child to 10 protect the child's best interests under AS 47.10.005 - 47.10.142 [AS 47.10.010 - 11 47.10.142]. 12 * Sec. 40. AS 47.10 is amended by adding new sections to read: 13 Sec. 47.10.086. Reasonable efforts. (a) Except as provided in (b) and (c) of 14 this section, the department shall make reasonable efforts in a timely manner to 15 prevent the need for removing a child from the child's home, or to make it possible 16 for the child to return safely to the child's home following removal. 17 (b) If the court makes a finding at a hearing conducted under AS 47.10.080(l) 18 that a parent or guardian has not sufficiently remedied the parent's or guardian's 19 conduct or the conditions in the home despite reasonable efforts made by the 20 department in accordance with this section, the court may conclude that continuation 21 of reasonable efforts of the type described in (a) of this section are not in the best 22 interests of the child. The department shall then make reasonable efforts to place the 23 child in a timely manner in accordance with the permanent plan and to complete 24 whatever steps are necessary to finalize the permanent placement of the child. 25 (c) The court may determine that reasonable efforts of the type described in 26 (a) of this section are not required if the court has found by a preponderance of the 27 evidence that 28 (1) the parent or guardian has subjected the child to circumstances that 29 pose a substantial risk to the child's health or safety; these circumstances include 30 abandonment, torture, chronic physical or emotional harm, and sexual abuse; 31 (2) the parent or guardian has
01 (A) committed homicide under AS 11.41.100 - 11.41.130 of a 02 child; 03 (B) aided or abetted, attempted, conspired, or solicited under 04 AS 11.16 or AS 11.31 to commit a homicide described in (A) of this 05 paragraph; 06 (C) committed an assault that is a felony under AS 11.41.200 - 07 11.41.220 and results in serious physical injury to a child; or 08 (D) committed the conduct described in (A) - (C) of this 09 paragraph that violated a law or ordinance of another jurisdiction having 10 elements similar to an offense described in (A) - (C) of this paragraph; 11 (3) the parental rights of a parent to a sibling of the child have been 12 terminated by the court; 13 (4) the parent or guardian committed homicide of a parent of the child; 14 or 15 (5) the parent or guardian is incarcerated and is unavailable to care for 16 the child during a significant period of the child's minority, considering the child's age 17 and need for care by an adult. 18 (d) If the court determines that reasonable efforts under (a) of this section are 19 not required to be provided under (b) or (c) of this section, 20 (1) the court shall hold a permanency hearing for the child within 30 21 days after the determination; and 22 (2) the department shall make reasonable efforts to place the child in 23 a timely manner in accordance with the permanency plan, and complete whatever steps 24 are necessary to finalize the permanent placement of the child. 25 (e) The department may develop and implement an alternative permanency 26 plan for the child while the department is also making reasonable efforts to return the 27 child to the child's family under (a) of this section. 28 (f) In making determinations and reasonable efforts under this section, the 29 primary consideration is the child's best interests. 30 Sec. 47.10.088. Termination of parental rights and responsibilities. (a) 31 Except as provided in AS 47.10.080(o), the rights and responsibilities of the parent
01 regarding the child may be terminated for purposes of freeing a child for adoption or 02 other permanent placement, if the court finds 03 (1) by clear and convincing evidence, that 04 (A) the child is a child in need of aid as described in 05 AS 47.10.011; and 06 (B) that the parent 07 (i) has not remedied the conduct or conditions in the 08 home that place the child at substantial risk of harm; or 09 (ii) has failed, within a reasonable time, to remedy the 10 conduct or conditions in the home that place the child in substantial risk 11 so that returning the child to the parent would place the child at 12 substantial risk of significant emotional or physical harm; and 13 (2) by preponderance of the evidence, that the department has complied 14 with the provisions of AS 47.10.086 concerning reasonable efforts. 15 (b) In making a determination under (a)(1)(B) of this section, the court may 16 consider any fact relating to the best interests of the child, including 17 (1) the likelihood of returning the child to the parent within a 18 reasonable time based on the child's age or needs; 19 (2) the amount of effort by the parent to remedy the conduct or the 20 conditions in the home; 21 (3) the harm caused to the child; 22 (4) the likelihood that the harmful conduct will continue; and 23 (5) the history of conduct by or conditions created by the parent. 24 (c) The court shall consider the best interests of the child in a proceeding 25 under this chapter involving termination of the parental rights of a parent. 26 (d) Except as provided in (e) of this section, the department shall petition for 27 termination of a parent's rights to a child, without making further reasonable efforts, 28 when a child is under the jurisdiction of the court under AS 47.10.010 and 47.10.011, 29 and 30 (1) the child has been in foster care for at least 15 of the most recent 31 22 months;
01 (2) the court has determined that the child is abandoned under 02 AS 47.10.013 and the child is younger than six years of age; 03 (3) the court has made a finding under AS 47.10.086(b) or a 04 determination under AS 47.10.086(c) that the best interests of the child do not require 05 further reasonable efforts by the department; 06 (4) a parent has made three or more attempts within a 15-month period 07 to remedy the parent's conduct or conditions in the home without lasting change; or 08 (5) a parent has made no effort to remedy the parent's conduct or the 09 conditions in the home by the time of the permanency hearing under AS 47.10.080(l). 10 (e) If one or more of the conditions listed in (d) of this section are present, the 11 department shall petition for termination of the parental rights to a child unless 12 (1) the department has documented a compelling reason for determining 13 that filing the petition would not be in the best interests of the child; a compelling 14 reason under this paragraph may include care by a relative for the child; or 15 (2) the department is required to take reasonable efforts under 16 AS 47.10.086 and the department has not provided to the parent, consistent with the 17 time period in the department's case plan, the family support services that the 18 department has determined are necessary for the safe return of the child to the home. 19 (f) A child is considered to have entered foster care under this chapter on the 20 earlier of 21 (1) the date of the first judicial finding of child abuse or neglect, or 22 both; or 23 (2) 60 days from the date of removal of the child from the home under 24 this chapter. 25 (g) This section does not preclude the department from filing a petition to 26 terminate the parental rights and responsibilities to a child for other reasons, or at an 27 earlier time than those specified in (d) of this section, if the department determines that 28 filing a petition is in the best interests of the child. 29 (h) The court may order the termination of parental rights and responsibilities 30 of one or both parents under AS 47.10.080(c)(3) and 47.10.088 and commit the child 31 to the custody of the department. The rights of one parent may be terminated without
01 affecting the rights of the other parent. 02 (i) The department shall concurrently identify, recruit, process, and approve 03 a qualified person or family for an adoption whenever a petition to terminate a parent's 04 rights to a child is filed. If the court issues an order to terminate under (j) of this 05 section, the department shall report within 30 days on the efforts being made to recruit 06 a permanent placement for the child, if a permanent placement was not approved at 07 the time of the trial under (j) of this section. The report shall document recruitment 08 efforts made for the child. 09 (j) No later than six months from the date on which the petition to terminate 10 parental rights is filed, the court before which the petition is pending shall hold a trial 11 on the petition unless the court finds that good cause is shown for a continuance. 12 When determining whether to grant a continuance for good cause, the court shall take 13 into consideration the age of the child and the potential adverse effect that the delay 14 may have on the child. The court shall make written findings when granting a 15 continuance. 16 (k) The court shall issue an order on the petition to terminate within 90 days 17 from the last day of the trial on the petition to terminate parental rights. 18 * Sec. 41. AS 47.10.092(a) is amended to read: 19 (a) Notwithstanding AS 47.10.090 and 47.10.093, a parent or legal guardian 20 of a child [MINOR] subject to a proceeding under AS 47.10.005 - 47.10.142 21 [AS 47.10.010 - 47.10.142] may disclose confidential or privileged information about 22 the child or the child's family [MINOR], including information that has been lawfully 23 obtained from agency or court files, to the governor, the lieutenant governor, a 24 legislator, the ombudsman appointed under AS 24.55, the attorney general, and the 25 commissioners of health and social services, administration, or public safety, or an 26 employee of these persons, for review or use in their official capacities. The 27 department may disclose additional confidential or privileged information and make 28 available for inspection documents about the child or the child's family [MINOR] to 29 these state officials or employees for review or use in their official capacities. A 30 person to whom disclosure is made under this section may not disclose confidential 31 or privileged information about the child or the child's family [MINOR] to a person
01 not authorized to receive it. 02 * Sec. 42. AS 47.10.093(b) is amended to read: 03 (b) A state or municipal agency or employee may disclose information 04 regarding a case to 05 (1) a guardian ad litem appointed by the court or to a citizen review 06 board or local review panel for permanency planning authorized by AS 47.14.200 or 07 47.14.220; 08 (2) a person or an agency requested to provide consultation or services 09 for a child [MINOR] who is subject to the jurisdiction of the court under 10 AS 47.10.010; 11 (3) school officials as may be necessary to enable the school to provide 12 appropriate counseling and support services to the child [MINOR] who is the subject 13 of the case, to protect the safety of the child [MINOR] who is the subject of the case, 14 and to protect the safety of school students and staff; 15 (4) a governmental agency as may be necessary to obtain that agency's 16 assistance for the department in its investigation or to obtain physical custody of a 17 child; [AND] 18 (5) a federal , state , or municipal law enforcement agency as may be 19 necessary for the protection of any child [A SPECIFIC INVESTIGATION BEING 20 CONDUCTED BY THAT AGENCY] or for actions [DISCLOSURES] by that agency 21 to protect the public safety ; 22 (6) the state medical examiner under AS 12.65; 23 (7) members of a multidisciplinary child protection team created 24 under AS 47.14.300; 25 (8) a person who has made a report of harm as required by 26 AS 47.17.020 to inform the person that the investigation was completed, and of 27 any action taken to protect the child who was the subject of the report; and 28 (9) the child support enforcement agency established in 29 AS 25.27.010 as may be necessary to establish and collect child support for a child 30 who is a child in need of aid under this chapter . 31 * Sec. 43. AS 47.10.141(f) is amended to read:
01 (f) If a child [MINOR], without permission, leaves the semi-secure portion of 02 an office, program, shelter, or facility to which the child [MINOR] was taken by a 03 peace officer under (b)(1)(C) [(b)(1)(c)] of this section, the office, program, shelter, 04 or facility shall immediately notify the department and the nearest law enforcement 05 agency of the identity of the child [MINOR] and the child's [MINOR'S] absence. If 06 the same child [MINOR] is again taken into protective custody under (b) of this 07 section and the peace officer knows that the child [MINOR] has previously been 08 reported under this subsection as missing from a semi-secure placement, the peace 09 officer, in addition to taking the appropriate action under (b) of this section, shall 10 report the circumstances and the identity of the child [MINOR] to the department. 11 Within 48 hours after receiving this report, the department shall determine whether to 12 file a petition alleging that the child [MINOR] is a child in need of aid under 13 AS 47.10.011 [AS 47.10.010(a)(1)]. If the department decides not to file a petition 14 alleging that the child [MINOR] is a child in need of aid, the department shall, within 15 seven state working days after receiving the report from the peace officer under this 16 subsection, send to the child's [MINOR'S] parents or guardian, as applicable, written 17 notice of its determination not to proceed with the petition, including the reasons on 18 which the determination was based. If the department is unable to obtain a reasonably 19 reliable address for a parent or guardian, the department shall keep a copy of the 20 notice on file and, notwithstanding AS 47.10.093, release the notice to the child's 21 [MINOR'S] parent or guardian on request of the parent or guardian. If the department 22 files a petition alleging that the child [MINOR] is a child in need of aid, the court 23 shall proceed under AS 47.10.142(d). 24 * Sec. 44. AS 47.10.141(g) is amended to read: 25 (g) If the department files a petition alleging the child [MINOR] is a child in 26 need of aid under AS 47.10.011 [AS 47.10.010(a)(1)] because the child [MINOR] is 27 habitually absent from home or refuses available care, the child's [MINOR'S] parent 28 or guardian shall attend each hearing held during the child-in-need-of-aid proceedings 29 unless the court excuses the parent or guardian from attendance for good cause. If the 30 child [MINOR] is found to be a child in need of aid, the court may order that the 31 child's [MINOR'S] parent or guardian
01 (1) personally participate in treatment reasonably available in the parent 02 or guardian's community as specified in a plan set out in the court order; and 03 (2) comply with other conditions set out in the court order. 04 * Sec. 45. AS 47.10.142(a) is amended to read: 05 (a) The Department of Health and Social Services may take emergency 06 custody of a child [MINOR] upon discovering any of the following circumstances: 07 (1) the child [MINOR] has been abandoned; 08 (2) the child [MINOR] has been grossly neglected by the child's 09 [MINOR'S] parents or guardian, as "neglect" is defined in AS 47.10.015 10 [AS 47.17.290], and the department determines that immediate removal from the 11 child's [MINOR'S] surroundings is necessary to protect the child's [MINOR'S] life 12 or provide immediate necessary medical attention; 13 (3) the child [MINOR] has been subjected to physical harm [CHILD 14 ABUSE OR NEGLECT] by a person responsible for the child's [MINOR'S] welfare, 15 as "physical harm" ["CHILD ABUSE OR NEGLECT"] is defined in AS 47.10.017 16 [AS 47.17.290], and the department determines that immediate removal from the 17 child's [MINOR'S] surroundings is necessary to protect the child's [MINOR'S] life 18 or that immediate medical attention is necessary; or 19 (4) the child or a sibling [MINOR] has been sexually abused under 20 circumstances listed in AS 47.10.011(7) [AS 47.10.010(a)(4)]. 21 * Sec. 46. AS 47.10.142(c) is amended to read: 22 (c) When a child is taken into custody under (a) or (b) of this section or when 23 the department is notified of a child's presence in either a program for runaway 24 children [MINORS] under AS 47.10.300 - 47.10.390 or a shelter for runaway children 25 [MINORS] under AS 47.10.392 - 47.10.399, the department shall immediately, and in 26 no event more than 12 hours later unless prevented by lack of communication 27 facilities, notify the parents or the person or persons having custody of the child. If 28 the department determines that continued custody is necessary to protect the child, the 29 department shall notify the court of the emergency custody by filing, within 24 [12] 30 hours after custody was assumed, a petition alleging that the child is a child in need 31 of aid. If the department releases the child within 24 [12] hours after taking the child
01 into custody and does not file a child in need of aid petition the department shall, 02 within 24 [12] hours after releasing the child, file with the court a report explaining 03 why the child was taken into custody. 04 * Sec. 47. AS 47.10.990(1) is amended to read: 05 (1) "care" [OR "CARING" UNDER AS 47.10.010(a)(1) AND 06 47.10.120(a)] means to provide for the physical, emotional, mental, and social needs 07 of the child; 08 * Sec. 48. AS 47.10.990 is amended by adding new paragraphs to read: 09 (8) "child" means a person under 18 years of age and a person 18 - 19 10 years of age, if that person was under 18 years of age at the time that a proceeding 11 under this chapter was commenced; 12 (9) "custodian" means a natural person 18 years of age or older to 13 whom a parent or guardian has transferred temporary physical care, custody, and 14 control of the child for the period of time immediately before the conduct occurred that 15 is alleged in the petition filed under this chapter; 16 (10) "domestic violence" has the meaning given in AS 18.66.990; 17 (11) "emotional harm" means injury to the emotional well-being or 18 intellectual or psychological development of a child, including the failure to thrive, 19 extreme anxiety, depression, withdrawal, aggression, or hostile behavior towards self 20 or others, as evidenced by observable and substantial impairment in the child's ability 21 to function; "emotional harm" includes "mental injury" as defined in AS 47.17.290; 22 (12) "family support services" means the services and activities 23 provided to children and their families, both to prevent removal of a child from the 24 parental home and to facilitate the child's safe return to the family; "family support 25 services" may include counseling, substance abuse treatment, mental health services, 26 assistance to address domestic violence, visitation with family members, parenting 27 classes, in-home services, temporary child care services, and transportation; 28 (13) "foster care" means care provided by a person or household under 29 a license for foster home under AS 47.35.015; 30 (14) "guardian" means a natural person who is legally appointed 31 guardian of the child by the court;
01 (15) "intoxicants" means any substance that intoxicates, including 02 alcohol, controlled substances under AS 11.71, and inhalants; 03 (16) "parent" means the biological or adoptive parent of the child; 04 (17) "permanency hearing" means a hearing 05 (A) designed to reach a decision in the case concerning the 06 permanent placement of a child under AS 47.10; and 07 (B) at which the final direction of the case involving the child 08 is determined; 09 (18) "reasonable efforts" means time-limited family support services 10 afforded to parents and guardians and their children by the department, both to prevent 11 out-of-home placement and to foster the safe return of a child with the family 12 whenever appropriate; 13 (19) "reasonable time" means a period of time taking in account the 14 affected child's age, emotional and developmental needs, and ability to form and 15 maintain lasting attachments; 16 (20) "serious physical injury" has the meaning given in 17 AS 11.81.900(b); 18 (21) "sexual abuse" means the conduct described in AS 11.41.410 - 19 11.41.460; "sexual abuse" includes "sexual exploitation" as defined in AS 47.17.290 20 and conduct prohibited by AS 11.66.100 - 11.66.150; 21 (22) "support" has the meaning given in AS 11.51.120(b). 22 * Sec. 49. AS 47.12.310(b) is amended to read: 23 (b) A state or municipal agency or employee may disclose information 24 regarding a case to 25 (1) a guardian ad litem appointed by the court or to a citizen review 26 board or local review panel for permanency planning authorized by AS 47.14.200 - 27 47.14.220; 28 (2) a person or an agency requested to provide consultation or services 29 for a minor who is subject to the jurisdiction of the court under this chapter; 30 (3) school officials as may be necessary to protect the safety of the 31 minor who is the subject of the case and the safety of school students and staff or to
01 enable the school to provide appropriate counseling and supportive services to meet 02 the needs of a minor about whom information is disclosed; 03 (4) a governmental agency as may be necessary to obtain that agency's 04 assistance for the department in its investigation or to obtain physical custody of a 05 minor; 06 (5) a federal, state , or municipal law enforcement agency as may be 07 necessary for the protection, rehabilitation, or supervision of any minor, [A 08 SPECIFIC INVESTIGATION BEING CONDUCTED BY THAT AGENCY] or for 09 actions [DISCLOSURES] by that agency to protect the public safety; [AND] 10 (6) a victim as may be necessary to inform the victim about the 11 disposition or resolution of a case involving a minor ; and 12 (7) the state medical examiner under AS 12.65 . 13 * Sec. 50. AS 47.14.100(d) is amended to read: 14 (d) In addition to money paid for the maintenance of foster children under (b) 15 of this section, the department 16 (1) shall pay the costs of caring for physically or mentally handicapped 17 foster children, including the additional costs of medical care, habilitative and 18 rehabilitative treatment, services , [AND] equipment, special clothing, and the indirect 19 costs of medical care, including child care and transportation expenses; 20 (2) may pay for respite care; in this paragraph, "respite care" means 21 child care for the purpose of providing 22 [(A)] temporary relief from the stresses of caring for a foster 23 child [WHO HAS A PHYSICAL OR MENTAL DISABILITY OR A 24 PHYSICAL OR MENTAL IMPAIRMENT; IN THIS SUBPARAGRAPH, 25 (i) "PHYSICAL OR MENTAL DISABILITY" HAS 26 THE MEANING GIVEN IN AS 18.80.300(12)(A), (B), AND (D); 27 AND 28 (ii) "PHYSICAL OR MENTAL IMPAIRMENT" HAS 29 THE MEANING GIVEN IN AS 18.80.300; AND 30 (B) PROTECTION FOR THE CHILD WHEN THE FOSTER 31 PARENT IS
01 (i) AWAY FROM THE HOME BECAUSE OF AN 02 EMERGENCY AND OTHER CARE IS NOT AVAILABLE FOR THE 03 CHILD; OR 04 (ii) ON VACATION AND THE CHILD, BECAUSE OF 05 AGE OR INFIRMITY, CANNOT BE PLACED IN ANY OTHER 06 TYPE OF TEMPORARY CARE FACILITY]; and 07 (3) may pay a subsidized guardianship payment under AS 25.23.210 08 when a foster child's foster parents or other persons approved by the department 09 become court-appointed legal guardians of the child. 10 * Sec. 51. AS 47.14.100 is amended by adding a new subsection to read: 11 (i) The department may use money appropriated for foster care to provide 12 services designed to prevent the removal of a child from the child's home by 13 proceedings under AS 47.10. 14 * Sec. 52. AS 47.14 is amended by adding a new section to read: 15 Sec. 47.14.300. Multidisciplinary child protection team. (a) The department 16 may create a multidisciplinary child protection team to assist in the evaluation and 17 investigation of reports made under AS 47.17 and to provide consultation on child 18 protection cases to the department under AS 47.10. 19 (b) If a team is created under (a) of this section, the department shall appoint 20 persons with knowledge of and experience in child abuse and neglect matters to the 21 team, whenever possible. These persons include 22 (1) mental and physical health practitioners licensed under AS 08; 23 (2) child development specialists; 24 (3) educators; 25 (4) peace officers as defined in AS 11.81.900; 26 (5) victim counselors as defined in AS 18.66.250; and 27 (6) experts in the assessment and treatment of substance abuse. 28 (c) The team created under (a) of this section shall review records on a case 29 referred to the team by the department. The department shall make available to the 30 team its records on the case and other records compiled for planning on the case by 31 other agencies at the request of the department. The team may make recommendations
01 to the department on appropriate planning for the case. 02 (d) Except for a public report issued by the team that does not contain 03 confidential information, records or other information collected by the team or a 04 member of the team related to duties under this section are confidential and not subject 05 to public disclosure under AS 09.25.100 - 09.25.110. 06 (e) Meetings of the team are closed to the public and are not subject to the 07 provisions of AS 44.62.310 - 44.62.312. 08 (f) The determinations, conclusions, and recommendations of the team or its 09 members are not admissible in any civil or criminal proceeding. A member may not 10 be compelled to disclose a determination, conclusion, recommendation, discussion, or 11 thought process through discovery or testimony in any civil or criminal proceeding. 12 Records and information collected by the team are not subject to discovery or 13 subpoena in connection with a civil or criminal proceeding. 14 (g) Notwithstanding (f) of this section, an employee of the department may 15 testify in a civil or criminal proceeding concerning cases reviewed by the team, even 16 though the department's records were reviewed by the team and formed the basis of 17 that employee's testimony and the team's report. 18 (h) A person who serves on a multidisciplinary child protection team is not 19 liable for damage or other relief in an action brought by the reason of the performance 20 of a duty, a function, or an activity of the team. 21 * Sec. 53. AS 47.14 is amended by adding a new section to read: 22 Sec. 47.14.985. Immunity from liability. Nothing in this title creates a duty 23 or standard of care for services to children and their families being served under 24 AS 47.10. The department and its officers, agents, employees, or contractors and the 25 state are not liable for civil damages as a result of an act or omission in the provision 26 of services to children and their families under AS 47.10. This section does not 27 preclude liability for civil damages as a result of gross negligence or reckless or 28 intentional misconduct. 29 * Sec. 54. AS 47.14.990(2) is amended to read: 30 (2) "child in need of aid" means a child [MINOR] found to be within 31 the jurisdiction of the court under AS 47.10.010 and 47.10.011 [AS 47.10.010(a)];
01 * Sec. 55. AS 47.17.020(a) is amended to read: 02 (a) The following persons who, in the performance of their occupational or 03 appointed duties, have reasonable cause to suspect that a child has suffered harm as 04 a result of child abuse or neglect shall immediately report the harm to the nearest 05 office of the department: 06 (1) practitioners of the healing arts; 07 (2) school teachers and school administrative staff members of public 08 and private schools; 09 (3) social workers; 10 (4) peace officers, and officers of the Department of Corrections; 11 (5) administrative officers of institutions; 12 (6) child care providers; 13 (7) paid employees of domestic violence and sexual assault programs, 14 and crisis intervention and prevention programs as defined in AS 18.66.990; 15 (8) paid employees of an organization that provides counseling or 16 treatment to individuals seeking to control their use of drugs or alcohol ; 17 (9) members of a child fatality review team established under 18 AS 12.65.015(e) or 12.65.120 or the multidisciplinary child protection team created 19 under AS 47.14.300 . 20 * Sec. 56. AS 47.17 is amended by adding a new section to read: 21 Sec. 47.17.033. Investigations. (a) In investigating child abuse and neglect 22 reports under this chapter, the department may make necessary inquiries about the 23 criminal records of the parents or of the alleged abusive or neglectful person, including 24 inquiries about the existence of a criminal history record involving a serious offense 25 as defined in AS 12.62.900. 26 (b) For purposes of obtaining access to information needed to conduct the 27 inquiries required by (a) of this section, the department is a criminal justice agency 28 conducting a criminal justice activity. 29 * Sec. 57. AS 47.17.290(8) is amended to read: 30 (8) "maltreatment" means an act or omission that results in 31 circumstances in which there is reasonable cause to suspect that a child may be a child
01 in need of aid, as described in AS 47.10.011 [AS 47.10.010(a)], except that, for 02 purposes of this chapter, the act or omission need not have been committed by the 03 child's parent, custodian, or guardian; 04 * Sec. 58. AS 47.35.017(b) is amended to read: 05 (b) An application submitted under this section must contain at least the 06 following information: 07 (1) the name and address of the applicant, and if the applicant is an 08 agency, corporation, partnership, association, or any other form of organization, the 09 name, address, and title of all individuals who have an ownership or management 10 interest in the facility; 11 (2) the name, physical location, and mailing address of the facility or 12 agency for which the license is sought; 13 (3) the name and address of the administrator of the facility or agency, 14 if any; 15 (4) evidence that the administrator or foster parent is an adult with 16 sufficient experience, training, or education to fulfill the duties of an administrator or 17 foster parent; 18 (5) a release for the administrator or foster parent and for each other 19 person older than 12 years of age , as specified by the department by regulation, who 20 will have contact with individuals served by the facility or agency, authorizing the 21 department to review all federal, state, and municipal criminal justice information 22 [LAW ENFORCEMENT], medical, licensing, and protective services records, 23 identified in regulations adopted under this chapter, that are relevant to the person who 24 is the subject of the release and to the type of license for which the application has 25 been submitted; 26 (6) two sets of fingerprints for each person required to provide a 27 release under (5) of this subsection in order for the department to submit them 28 to the Department of Public Safety for the purpose of conducting state and 29 national criminal background checks from criminal justice information received 30 under AS 12.62 and regulations under AS 12.62; 31 (7) for a facility, the number of individuals that will be served in the
01 facility; 02 (8) [7] the type of facility or agency for which the license is sought; 03 (9) [8] copies of all inspection reports and approvals required by state 04 fire prevention and environmental health and safety authorities for operation of the 05 facility or agency, including any variances granted by these authorities; 06 (10) [9] a plan of operation, as required by the department by 07 regulation; 08 (11) [10] a staffing plan that describes the number of people who will 09 work at the facility or agency, staff qualifications, a description of each person's 10 responsibilities, and, for a facility other than a maternity home, a supervision schedule 11 for the children in care that meets the requirements established by the department by 12 regulation; 13 (12) [11] evidence that the applicant has completed orientation or 14 training required by the department, by regulation, for holders of the type of license 15 for which the application was submitted; and 16 (13) [12] other information required by the department, by regulation, 17 in order to monitor compliance with this chapter and regulations adopted under this 18 chapter. 19 * Sec. 59. AS 47.35 is amended by adding a new section to read: 20 Sec. 47.35.022. Foster care placement. (a) The department may not place 21 or continue placement of a child for care for payment under AS 47.10 in a foster home 22 that is licensed under AS 47.17 or AS 47.35.023 if the department finds that a person 23 for whom fingerprints are required to be submitted for licensure of the foster home is 24 currently under arrest for or charged with, or has been convicted of or found not guilty 25 by reason of insanity of, a serious offense. 26 (b) Notwithstanding (a) of this section, the department may place or continue 27 a placement for foster care if the applicant or licensee demonstrates to the satisfaction 28 of the department that the applicant, licensee, or other person committed the conduct 29 described in (a) of this section at least five years before the placement, and the conduct 30 (1) did not involve a victim who was under 18 years of age at the time 31 the conduct occurred;
01 (2) was not a crime of domestic violence as defined in AS 18.66.990; 02 and 03 (3) was not a violent crime under AS 11.41.100 - 11.41.455, or a law 04 or an ordinance of another jurisdiction having similar elements. 05 (c) The department shall develop procedures for rechecking criminal justice 06 information records for the information described in (a) of this section for persons over 07 the age of 12 in a licensed foster home with access to children placed by the 08 department. 09 * Sec. 60. AS 47.35.023(b) is repealed and reenacted to read: 10 (b) Notwithstanding (a) of this section, if an emergency exists and a child must 11 be immediately placed, the department or the department's designee may issue a 12 provisional foster home license on an emergency basis for a period of 180 days or less 13 if the department or the department's designee determines that the applicant meets 14 minimal requirements for emergency conditions and the applicant agrees in writing to 15 provide the fingerprint information described in AS 47.35.017(b) within 30 days of the 16 placement of a child in the foster home. The department may not issue a license under 17 this subsection before checking state and national criminal justice information available 18 to the department under AS 12.62 and regulations adopted under AS 12.62 about the 19 administrator or foster parent and each person older than 12 years of age in the foster 20 home who will have contact with the child. If the department cannot obtain direct 21 access to the state and federal criminal justice information, the department shall request 22 the agency having primary law enforcement responsibility for the geographic area in 23 which the prospective foster home is located to obtain the information and provide it 24 to the department before the license is issued under this section. If the criminal justice 25 information readily available to the department shows an offense which a person would 26 be required to notify the department under AS 47.35.047(b), the department may not 27 issue the license under this subsection. If the additional criminal justice information 28 available from the fingerprint search or another source after the license is issued 29 reveals that the person has a record for one or more of these offenses, the department 30 shall immediately revoke the license and move the child to an appropriate placement. 31 For purposes of obtaining criminal justice information under this subsection, the
01 department is a criminal justice agency conducting a criminal justice activity under 02 AS 12.62. 03 * Sec. 61. AS 47.35.047(b) is amended to read: 04 (b) A licensee shall notify the department within 24 hours after having 05 knowledge of a conviction or indictment, presentment or charging by information or 06 complaint of an administrator, foster parent, member of the licensee's household, 07 regular volunteer, or staff person for a violation of the following laws, or the laws 08 of another jurisdiction with similar elements: 09 (1) offenses against the family and vulnerable adults under 10 AS 11.51; 11 (2) perjury under AS 11.56.200; 12 (3) offenses included in the definition of "serious offense" under 13 AS 12.62.900 [FELONY, FOR A MISDEMEANOR CRIME OF ASSAULT, 14 RECKLESS ENDANGERMENT, CONTRIBUTING TO THE DELINQUENCY OF 15 A MINOR, OR MISCONDUCT INVOLVING A CONTROLLED SUBSTANCE, FOR 16 THE CRIME OF PERJURY, AS DEFINED IN AS 11 OR THE LAWS OF 17 ANOTHER JURISDICTION, OR FOR A SEX CRIME AS DEFINED IN 18 AS 12.62.035]. 19 * Sec. 62. AS 47.35.900 is amended by adding new paragraphs to read: 20 (20) "domestic violence" has the meaning given in AS 18.66.900; 21 (21) "criminal justice information" has the meaning given in 22 AS 12.62.900; 23 (22) "serious offense" has the meaning given in AS 12.62.900. 24 * Sec. 63. AS 47.05.060; AS 47.10.080(k), and 47.10.990(7) are repealed. 25 * Sec. 64. AS 47.10.005, as enacted in sec. 26 of this Act, has the effect of amending 26 Rule 1, Alaska Child in Need of Aid Rules, regarding the new rule of construction of law in 27 child in need of aid proceedings. 28 * Sec. 65. Section 26 of this Act takes effect only if sec. 64 of this Act receives the 29 two-thirds majority of each house required by art. IV, sec. 15, Constitution of the State of 30 Alaska. 31 * Sec. 66. AS 47.10.070(c), as enacted in sec. 32 of this Act, has the effect of amending
01 Rule 3, Alaska Child in Need of Aid Rules, by requiring foster parents and other specified 02 persons to have notice and allowing them an opportunity to be heard in child in need of aid 03 proceedings. 04 * Sec. 67. Section 32 of this Act takes effect only if sec. 66 of this Act receives the 05 two-thirds majority of each house required by art. IV, sec. 15, Constitution of the State of 06 Alaska. 07 * Sec. 68. AS 47.10.080(a), as amended in sec. 33 of this Act, has the effect of amending 08 Rule 15, Alaska Child in Need of Aid Rules, by establishing a timeframe for an adjudication 09 hearing under AS 47.10. 10 * Sec. 69. Section 33 of this Act takes effect only if sec. 68 of this Act receives the two- 11 thirds majority of each house required by art. IV, sec. 15, Constitution of the State of Alaska. 12 * Sec. 70. AS 47.10.080(i), as amended in sec. 36 of this Act, has the effect of amending 13 Rule 218, Alaska Rules of Appellate Procedure, by requiring that expedited appeals from a 14 judgment or an order under AS 47.10 be decided within a fixed timeframe. 15 * Sec. 71. Section 36 of this Act takes effect only if sec. 70 of this Act receives the two- 16 thirds majority of each house required by art. IV, sec. 15, Constitution of the State of Alaska. 17 * Sec. 72. AS 47.10.080(l), as amended in sec. 37 of this Act, has the effect of amending 18 Rule 19, Alaska Child in Need of Aid Rules, regarding timing of a permanency hearing by 19 the court in child in need of aid proceedings. 20 * Sec. 73. Section 37 of this Act takes effect only if sec. 72 of this Act receives the 21 two-thirds majority of each house required by art. IV, sec. 15, Constitution of the State of 22 Alaska. 23 * Sec. 74. AS 47.10.086, as enacted in sec. 40 of this Act, has the effect of amending 24 Rule 15(g), Alaska Child in Need of Aid Rules, regarding the standards for reasonable efforts 25 to be made in child in need of aid proceedings. 26 * Sec. 75. AS 47.10.086, as enacted in sec. 40 of this Act, takes effect only if sec. 74 of 27 this Act receives the two-thirds majority of each house required by art. IV, sec. 15, 28 Constitution of the State of Alaska. 29 * Sec. 76. AS 47.10.088(j) and (k), as enacted in sec. 40 of this Act, have the effect of 30 changing Rule 18, Alaska Child in Need of Aid Rules, by requiring the court 31 (1) to hold a termination of parental rights trial no later than six months from
01 the date the petition is filed, unless good cause is shown; and 02 (2) to issue an order on the petition to terminate parental rights and 03 responsibilities within a specified timeframe. 04 * Sec. 77. AS 47.10.088(j), as enacted in sec. 40 of this Act, takes effect only if sec. 76 05 of this Act receives the two-thirds majority of each house required by art. IV, sec. 15, 06 Constitution of the State of Alaska. 07 * Sec. 78. REVISOR'S INSTRUCTION. The revisor of statutes shall make changes 08 throughout AS 47.10.005 - 47.10.142 when those provisions refer to a child in need of aid 09 under AS 47.10, to replace the term "minor" with the term "child," when appropriate. 10 * Sec. 79. APPLICABILITY. This Act applies to all new cases or proceedings filed with 11 the court on or after the effective date of this Act and to motions filed with the court on or 12 after the effective date of this Act in cases or proceedings pending before a court on the day 13 before the effective date of this Act. 14 * Sec. 80. This Act takes effect immediately under AS 01.10.070(c).