CSHB 375(JUD): "An Act relating to children-in-need-of-aid matters and proceedings; relating to child abuse and neglect; relating to murder of children, kidnapping, the crime of indecent exposure, and the crime of endangering the welfare of a child; relating to sentencing for certain crimes involving a child; 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; relating to the review of cases involving certain children who are in the custody of the state; authorizing the establishment of multidisciplinary child protection teams and relating to their duties; relating to persons required to report suspected child abuse or neglect; relating to foster care placement and foster care licensing; relating to access to certain criminal justice information and licensure of certain child care facilities; relating to determinations of child custody and visitation in situations involving domestic violence; amending Rule 218, Alaska Rules of Appellate Procedure; amending the Alaska Child in Need of Aid Rules; and providing for an effective date."
00CS FOR HOUSE BILL NO. 375(JUD) 01 "An Act relating to children-in-need-of-aid matters and proceedings; relating to 02 child abuse and neglect; relating to murder of children, kidnapping, the crime of 03 indecent exposure, and the crime of endangering the welfare of a child; relating 04 to sentencing for certain crimes involving a child; relating to the state medical 05 examiner and reviews of child fatalities; relating to teacher certification and 06 convictions of crimes involving child victims; relating to access, confidentiality, and 07 release of certain information concerning the care of children, child abuse and 08 neglect, and child fatalities; authorizing the Department of Health and Social 09 Services to enter into an interstate compact concerning adoption and medical 10 assistance for certain children with special needs; relating to the review of cases 11 involving certain children who are in the custody of the state; authorizing the 12 establishment of multidisciplinary child protection teams and relating to their 13 duties; relating to persons required to report suspected child abuse or neglect; 14 relating to foster care placement and foster care licensing; relating to access to
01 certain criminal justice information and licensure of certain child care facilities; 02 relating to determinations of child custody and visitation in situations involving 03 domestic violence; amending Rule 218, Alaska Rules of Appellate Procedure; 04 amending the Alaska Child in Need of Aid Rules; and providing for an effective 05 date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. INTENT AND PURPOSE OF ACT. (a) The intent of this Act is to protect 08 children from abuse and neglect without prohibiting the use of reasonable methods of parental 09 discipline or prescribing a particular method of parenting. 10 (b) The purpose of this Act is to 11 (1) provide the legal mechanisms by which the state can use its resources to 12 implement the findings in this section for the best interest of children in this state; and 13 (2) override the court decisions in the following cases: 14 (A) Matter of J.L.F., 912 P.2d 1255 (Alaska 1996), In Re S.A., 912 15 P.2d 1235 (Alaska 1996), and F.T. v. State, 862 P.2d 857 (Alaska 1993), concerning 16 the standards to adjudicate a child in need of aid when a parent or caregiver is willing, 17 but unable, to provide essential care for a child; 18 (B) A.M. v. State, 891 P.2d 815 (Alaska 1995), and Nada A. v. State, 19 660 P.2d 436 (Alaska App. 1983), concerning the standards to terminate parental rights 20 when a parent is incarcerated; 21 (C) R.J.M. v. State, 946 P.2d 855 (Alaska 1997), concerning the type 22 of neglect necessary to adjudicate a child in need of aid under AS 47.10. 23 * Sec. 2. AS 10.06.961(a) is amended to read: 24 (a) Notwithstanding AS 13.46.085 or the appointment of a guardian of the 25 property of the child [MINOR] under AS 47.10.010 [AS 47.10.010(c)], when a child 26 [MINOR] who is in the custody of this state under AS 47.10 or a minor who is in the 27 custody of this state under AS 47.12 or of another state under a provision similar to 28 AS 47.10 or AS 47.12 becomes entitled to receive dividends or other distributions 29 resulting from the ownership of stock or a membership in a corporation organized 30 under this chapter and under 43 U.S.C. 1601 - 1641 (Alaska Native Claims Settlement 31 Act), the corporation paying the dividends or making the other distributions shall retain
01 the dividends and other distributions in an interest bearing account for the benefit of 02 the child or minor during the state custody. 03 * Sec. 3. AS 11.41.100(a) is amended to read: 04 (a) A person commits the crime of murder in the first degree if 05 (1) with intent to cause the death of another person, the person 06 (A) causes the death of any person; or 07 (B) compels or induces any person to commit suicide through 08 duress or deception; or 09 (2) the person knowingly engages in conduct directed toward [, 10 UNDER CIRCUMSTANCES MANIFESTING EXTREME INDIFFERENCE TO THE 11 VALUE OF HUMAN LIFE, IN A PATTERN OR PRACTICE OF ASSAULT OR 12 TORTURE OF] a child under the age of 16, and [ONE OF THE ACTS OF ASSAULT 13 OR TORTURE RESULTS IN THE DEATH OF THE CHILD; FOR PURPOSES OF 14 THIS PARAGRAPH, A PERSON "ENGAGES IN A PATTERN OR PRACTICE OF 15 ASSAULT OR TORTURE" IF] the person with criminal negligence causes 16 [INFLICTS] serious physical injury to the child by at least two separate acts, and one 17 of the acts results in the death of the child ; or 18 (3) the person with criminal negligence causes the death of a child 19 under the age of 16 during the course of committing or attempting to commit 20 sexual assault in the first degree, sexual abuse of a minor in the first degree, or 21 kidnapping . 22 * Sec. 4. AS 11.41.110(a) is amended to read: 23 (a) A person commits the crime of murder in the second degree if 24 (1) with intent to cause serious physical injury to another person or 25 knowing that the conduct is substantially certain to cause death or serious physical 26 injury to another person, the person causes the death of any person; 27 (2) the person knowingly engages in conduct that results in the death 28 of another person under circumstances manifesting an extreme indifference to the value 29 of human life; 30 (3) under circumstances not amounting to murder in the first 31 degree, acting either alone or with one or more persons, the person commits or
01 attempts to commit arson in the first degree, kidnapping, sexual assault in the first 02 degree, sexual assault in the second degree, burglary in the first degree, escape in the 03 first or second degree, robbery in any degree, or misconduct involving a controlled 04 substance under AS 11.71.010(a), 11.71.020(a), 11.71.030(a)(1) or (2), or 05 11.71.040(a)(1) or (2) and, in the course of or in furtherance of that crime, or in 06 immediate flight from that crime, any person causes the death of a person other than 07 one of the participants; [OR] 08 (4) acting with a criminal street gang, the person commits or attempts 09 to commit a crime that is a felony and, in the course of or in furtherance of that crime 10 or in immediate flight from that crime, any person causes the death of a person other 11 than one of the participants ; or 12 (5) the person with criminal negligence causes the death of a child 13 under the age of 16, and the person has been previously convicted of a crime 14 involving a child under the age of 16 that was 15 (A) in violation of AS 11.41; 16 (B) in violation of a law or ordinance in another jurisdiction 17 with elements similar to a crime under AS 11.41; or 18 (C) an attempt, a solicitation, or a conspiracy to commit a 19 crime listed in (A) or (B) of this paragraph in violation of AS 11.41 or of 20 a law or ordinance in another jurisdiction with similar elements . 21 * Sec. 5. AS 11.41.300(a) is amended to read: 22 (a) A person commits the crime of kidnapping if 23 (1) the person restrains another with intent to 24 (A) hold the restrained person for ransom, reward, or other 25 payment; 26 (B) use the restrained person as a shield or hostage; 27 (C) inflict physical injury upon or sexually assault the restrained 28 person or place the restrained person or a third person in apprehension that any 29 person will be subjected to serious physical injury or sexual assault; 30 (D) interfere with the performance of a governmental or 31 political function;
01 (E) facilitate the commission of a felony or flight after 02 commission of a felony; [OR] 03 (F) commit an offense in violation of AS 11.41.434 - 04 11.41.438 upon the restrained person or place the restrained person or a 05 third person in apprehension that a person will be subject to an offense in 06 violation of AS 11.41.434 - 11.41.438; or 07 (2) the person restrains another 08 (A) by secreting and holding the restrained person in a place 09 where the restrained person is not likely to be found; or 10 (B) under circumstances which expose the restrained person to 11 a substantial risk of serious physical injury. 12 * Sec. 6. AS 11.41.300(d) is amended to read: 13 (d) In a prosecution for kidnapping, it is an affirmative defense which reduces 14 the crime to a class A felony that the defendant voluntarily caused the release of the 15 victim alive in a safe place before arrest, or within 24 hours after arrest, without 16 having caused serious physical injury to the victim and without having engaged in 17 conduct described in AS 11.41.410(a) , [OR] 11.41.420 , 11.41.434, or 11.41.436 . 18 * Sec. 7. AS 11.41 is amended by adding a new section to read: 19 Sec. 11.41.458. Indecent exposure in the first degree. (a) An offender 20 commits the crime of indecent exposure in the first degree if 21 (1) the offender violates AS 11.41.460(a); 22 (2) while committing the act constituting the offense, the offender 23 knowingly masturbates; and 24 (3) the offense occurs within the observation of a person under 16 years 25 of age. 26 (b) Indecent exposure in the first degree is a class C felony. 27 * Sec. 8. AS 11.41.460 is amended to read: 28 Sec. 11.41.460. Indecent exposure in the second degree . (a) An offender 29 commits the crime of indecent exposure in the second degree if the offender 30 intentionally exposes the offender's genitals in the presence of [TO] another person 31 with reckless disregard for the offensive, insulting, or frightening effect the act may
01 have [ON THAT PERSON]. 02 (b) Indecent exposure in the second degree before a person under 16 years 03 of age is a class A misdemeanor. Indecent exposure in the second degree before a 04 person 16 years of age or older is a class B misdemeanor. 05 * Sec. 9. AS 11.51.100 is repealed and reenacted to read: 06 Sec. 11.51.100. Endangering the welfare of a child in the first degree. (a) 07 A person commits the crime of endangering the welfare of a child in the first degree 08 if, being a parent, guardian, or other person legally charged with the care of a child 09 under 16 years of age, the person 10 (1) intentionally deserts the child in a place under circumstances 11 creating a substantial risk of physical injury to the child; 12 (2) leaves the child with another person who is not a parent, guardian, 13 or lawful custodian of the child knowing that the person 14 (A) is registered or required to register as a sex offender under 15 AS 12.63 or a law or ordinance in another jurisdiction with similar 16 requirements; 17 (B) has been charged by complaint, information, or indictment 18 with a violation of AS 11.41.410 - 11.41.455 or a law or ordinance in another 19 jurisdiction with similar elements; or 20 (C) has been charged by complaint, information, or indictment 21 with an attempt, solicitation, or conspiracy to commit a crime described in (B) 22 of this paragraph; or 23 (3) leaves the child with another person knowing that the person has 24 previously physically mistreated or had sexual contact with any child, and the other 25 person causes physical injury or engages in sexual contact with the child. 26 (b) In this section, "physically mistreated" means 27 (1) having committed an act punishable under AS 11.41.100 - 28 11.41.250; or 29 (2) having applied force to a child that, under the circumstances in 30 which it was applied, or considering the age or physical condition of the child, 31 constitutes a gross deviation from the standard of conduct that a reasonable person
01 would observe in the situation because of the substantial and unjustifiable risk of 02 (A) death; 03 (B) serious or protracted disfigurement; 04 (C) protracted impairment of health; 05 (D) loss or impairment of the function of a body member or 06 organ; 07 (E) substantial skin bruising, burning, or other skin injury; 08 (F) internal bleeding or subdural hematoma; 09 (G) bone fracture; or 10 (H) prolonged or extreme pain, swelling, or injury to soft tissue 11 c) Endangering the welfare of a child in the first degree under (a)(1) or (2) of 12 this section is a class C felony. 13 (d) Endangering the welfare of a child in the first degree under (a)(3) of this 14 section is a 15 (1) class B felony if the child dies; 16 (2) class C felony if the child suffers sexual contact, sexual penetration, 17 or serious physical injury; or 18 (3) class A misdemeanor if the child suffers physical injury. 19 * Sec. 10. AS 11.51 is amended by adding a new section to read: 20 Sec. 11.51.110. Endangering the welfare of a child in the second degree. 21 (a) A person commits the crime of endangering the welfare of a child in the second 22 degree if the person, while caring for a child under 10 years of age, 23 (1) causes or allows the child to enter or remain in a dwelling or vehicle 24 in which a controlled substance is stored in violation of AS 11.71; or 25 (2) is impaired by a controlled substance, whether or not prescribed for 26 the person under AS 17.30, and there is no third person present to care for the child 27 who is at least 12 years of age and not impaired by an intoxicant. 28 (b) In this section, 29 (1) "impaired" means that a person is unconscious or a person is 30 physically or mentally affected so that the person does not have the ability to care for 31 the basic safety or personal needs of a child with the caution characteristic of a sober
01 person of ordinary prudence; 02 (2) "intoxicant" has the meaning given in AS 47.10.990. 03 (c) Endangering the welfare of a child in the second degree is a violation. 04 * Sec. 11. AS 12.55.025(i) is amended to read: 05 (i) Except as provided by AS 12.55.125(a)(3), 12.55.125(k)(2) [12.55.125(k)], 06 12.55.145(d), 12.55.155(f), and 12.55.165, the preponderance of the evidence standard 07 of proof applies to sentencing proceedings. 08 * Sec. 12. AS 12.55.125(c) is amended to read: 09 (c) A defendant convicted of a class A felony may be sentenced to a definite 10 term of imprisonment of not more than 20 years [,] and shall be sentenced to the 11 following presumptive terms, subject to adjustment as provided in AS 12.55.155 - 12 12.55.175: 13 (1) if the offense is a first felony conviction and does not involve 14 circumstances described in (2) of this subsection, five years; 15 (2) if the offense is a first felony conviction 16 (A) [,] other than for manslaughter [,] and the defendant 17 possessed a firearm, used a dangerous instrument, or caused serious physical 18 injury during the commission of the offense, or knowingly directed the conduct 19 constituting the offense at a uniformed or otherwise clearly identified peace 20 officer, fire fighter, correctional employee, emergency medical technician, 21 paramedic, ambulance attendant, or other emergency responder who was 22 engaged in the performance of official duties at the time of the offense, seven 23 years; 24 (B) for manslaughter and the conduct resulting in the 25 conviction was knowingly directed toward a child under the age of 16, 26 seven years; 27 (3) if the offense is a second felony conviction, 10 years; 28 (4) if the offense is a third felony conviction and the defendant is not 29 subject to sentencing under (l) of this section, 15 years. 30 * Sec. 13. AS 12.55.125(k) is amended to read: 31 (k) A first felony offender convicted of an offense for which a presumptive
01 term of imprisonment is not specified under this section 02 (1) may be sentenced to a term of unsuspended imprisonment that 03 exceeds the presumptive term of a second or third felony offender convicted of the 04 same crime if the offender is convicted of criminally negligent homicide and the 05 victim is a child under the age of 16; 06 (2) except as provided in (1) of this subsection, may not be sentenced 07 to a term of unsuspended imprisonment that exceeds the presumptive term for a second 08 felony offender convicted of the same crime unless the court finds by clear and 09 convincing evidence that an aggravating factor under AS 12.55.155(c) is present, or that 10 circumstances exist that would warrant a referral to the three-judge panel under 11 AS 12.55.165. 12 * Sec. 14. AS 12.55.155(c)(23) is amended to read: 13 (23) the defendant is convicted of an offense specified in AS 11.71 and 14 (A) the offense involved the delivery of a controlled substance 15 under circumstances manifesting an intent to distribute the substance as part of 16 a commercial enterprise; or 17 (B) at the time of the conduct resulting in the conviction, the 18 defendant was caring for or assisting in the care of a child under 10 years 19 of age; 20 * Sec. 15. AS 12.55.155(e) is amended to read: 21 (e) If a factor in aggravation is a necessary element of the present offense, or 22 requires the imposition of a presumptive term under AS 12.55.125(c)(2)(A) 23 [AS 12.55.125(c)(2)], that factor may not be used to aggravate the presumptive term. 24 If a factor in mitigation is raised at trial as a defense reducing the offense charged to 25 a lesser included offense, that factor may not be used to mitigate the presumptive term. 26 * Sec. 16. AS 12.65.005(a) is amended to read: 27 (a) Unless the person has reasonable grounds to believe that notice has already 28 been given, a person who attends a death or has knowledge of a death, in addition to 29 notifying a peace officer, shall immediately notify the state medical examiner when the 30 death appears to have 31 (1) been caused by unknown or criminal means, during the commission
01 of a crime, or by suicide, accident, or poisoning; 02 (2) occurred under suspicious or unusual circumstances or occurred 03 suddenly when the decedent was in apparent good health; 04 (3) been unattended by a practicing physician or occurred less than 24 05 hours after the deceased was admitted to a medical facility; 06 (4) been associated with a diagnostic or therapeutic procedure; 07 (5) resulted from a disease that constitutes a threat to public health; 08 (6) been caused by a disease, injury, or toxic agent resulting from 09 employment; 10 (7) occurred in a jail or corrections facility owned or operated by the 11 state or a political subdivision of the state or in a facility for the placement of persons 12 in the custody or under the supervision of the state; 13 (8) occurred in a foster home; 14 (9) occurred in a mental institution or mental health treatment facility; 15 [OR] 16 (10) occurred while the deceased was in the custody of, or was being 17 taken into the custody of, the state or a political subdivision of the state or a public 18 officer or agent of the state or a political subdivision of the state ; or 19 (11) been of a child under 18 years of age or under the legal custody 20 of the Department of Health and Social Services, subject to the jurisdiction of 21 AS 47.10 or AS 47.12, unless the 22 (A) child's death resulted from a natural disease process and 23 was medically expected; and 24 (B) the child was under supervised medical care during the 25 24 hours before the death . 26 * Sec. 17. AS 12.65.015 is amended by adding a new subsection to read: 27 (e) The state medical examiner shall facilitate the formation of local, regional, 28 or district child fatality review teams to assist local, regional, and district medical 29 examiners in determining the cause and manner of deaths of children under 18 years 30 of age. If a team is formed under this subsection, the team shall have the same access 31 to information, confidentiality requirements, and immunity as provided to the state child
01 fatality review team under AS 12.65.140. A meeting of a team formed under this 02 subsection is closed to the public and not subject to the provisions of AS 44.62.310 and 03 44.62.312. A review by a local, regional, or district child fatality review team does not 04 relieve the state child fatality review team under AS 12.65.120 of the responsibility for 05 reviewing a death under AS 12.65.130. A person on a local, regional, or district child 06 fatality review team is not eligible to receive compensation from the state for service 07 on the team, but is eligible for travel expenses and per diem from the Department of 08 Health and Social Services under AS 39.20.180. A person on a team formed under this 09 subsection serves at the pleasure of the state medical examiner. 10 * Sec. 18. AS 12.65 is amended by adding new sections to read: 11 Sec. 12.65.120. State child fatality review team. (a) The state child fatality 12 review team is established in the Department of Health and Social Services to assist the 13 state medical examiner. The team is composed of 14 (1) the following persons, or that person's designee: 15 (A) the state medical examiner; 16 (B) a state prosecutor with experience in homicide prosecutions, 17 appointed by the attorney general; 18 (C) an investigator with the state troopers who has experience 19 in conducting investigations of homicide, child abuse, or child neglect, 20 appointed by the commissioner of public safety; 21 (D) a social worker with the Department of Health and Social 22 Services who has experience in conducting investigations of child abuse and 23 neglect, appointed by the commissioner of health and social services; 24 (2) the following persons, or that person's designee, appointed by the 25 commissioner of health and social services: 26 (A) a physician licensed under AS 08.64 who 27 (i) specializes in neonatology or perinatology; or 28 (ii) is certified by the American Board of Pediatrics; 29 (B) a municipal law enforcement officer with experience in 30 conducting investigations of homicide, child abuse, or child neglect; 31 (C) other persons whose experience and expertise would, as
01 determined by the commissioner of health and social services, contribute to the 02 effectiveness of the team. 03 (b) A team member is not eligible to receive compensation from the state for 04 service on the team. A member appointed under (a)(2) of this section 05 (1) is eligible for travel expenses and per diem from the Department of 06 Health and Social Services under AS 39.20.180; and 07 (2) serves at the pleasure of the commissioner of health and social 08 services. 09 (c) In addition to the persons specified in (a) of this section, the team may 10 invite a person to participate as a member of the team if the person has expertise that 11 would be helpful to the team in a review of a specific death. A person participating 12 under this subsection is eligible only for travel expenses and per diem from the 13 Department of Health and Social Services under AS 39.20.180. 14 (d) The state medical examiner serves as chair of the team. 15 Sec. 12.65.130. State child fatality review team duties. (a) The state child 16 fatality review team shall 17 (1) assist the state medical examiner in determining the cause and 18 manner of the deaths in this state of children under 18 years of age; 19 (2) unless the child's death is currently being investigated by a law 20 enforcement agency, review a report of a death of a child within 48 hours of the report 21 being received by the medical examiner if 22 (A) the death is of a child under 10 years of age; 23 (B) the deceased child, a sibling, or a member of the deceased 24 child's household 25 (i) is in the legal or physical custody of the state under 26 AS 47 or under similar custody of another state or political subdivision 27 of a state; or 28 (ii) has been the subject of a report of harm under 29 AS 47.17 or a child abuse or neglect investigation by the Department of 30 Health and Social Services or by a similar child protective service in this 31 or another state;
01 (C) a protective order under AS 18.66.100 or 18.66.110 has been 02 in effect during the previous year in which the petitioner or respondent was a 03 member of the deceased child's immediate family or household; or 04 (D) the child's death occurred in a mental health institution, 05 mental health treatment facility, foster home, or other residential or child care 06 facility, including a day care facility; 07 (3) review records concerning 08 (A) abuse or neglect of the deceased child or another child in the 09 deceased child's household; 10 (B) the criminal history or juvenile delinquency of a person who 11 may have caused the death of the child and of persons in the deceased child's 12 household; and 13 (C) a history of domestic violence involving a person who may 14 have caused the death of the child or involving persons in the deceased child's 15 household, including records in the central registry of protective orders under 16 AS 18.65.540; 17 (4) if insufficient information exists to adequately determine the cause 18 and manner of death, recommend to the state medical examiner that additional 19 information be obtained under AS 12.65.020; and 20 (5) if a local, regional, or district child fatality review team has not been 21 appointed under AS 12.65.015 or is not available, be available to provide 22 recommendations, suggestions, and advice to state or municipal law enforcement or 23 social service agencies in the investigation of deaths of children. 24 (b) The state child fatality review team may 25 (1) collect data and analyze and interpret information regarding deaths 26 of children in this state; 27 (2) develop state and local data bases on deaths of children in this state; 28 (3) develop a model protocol for the investigation of deaths of children; 29 and 30 (4) periodically issue reports to the public containing statistical data and 31 other information that does not violate federal or state law concerning confidentiality
01 of the children and their families involved in the reviews; these reports may include 02 (A) identification of trends, patterns, and risk factors in deaths 03 of the children; 04 (B) analyses of the incidence and causes of deaths of children 05 in this state; 06 (C) recommendations for improving the coordination of 07 government services and investigations; and 08 (D) recommendations for prevention of future deaths of children. 09 Sec. 12.65.140. Records; information; meetings; confidentiality; immunity. 10 (a) The state child fatality review team and its members shall have access to all 11 information and records to which the state medical examiner has access under this 12 chapter. The state child fatality review team and its members shall maintain the 13 confidentiality of information and records concerning deaths under review, except when 14 disclosures may be necessary to enable the team to carry out is duties under this 15 chapter. However, the team and its members may not disclose a record that is 16 confidential under federal or state law. 17 (b) Except for public reports issued by the team, records, and other information 18 collected by the team or a member of the team related to duties under this chapter are 19 confidential and not subject to public disclosure under AS 09.25.100 - 09.25.220. 20 (c) Meetings of the state child fatality review team are closed to the public and 21 are not subject to the provisions of AS 44.62.310 and 44.62.312. 22 (d) The determinations, conclusions, and recommendations of the state child 23 fatality review team, or its members, are not admissible in a civil or criminal 24 proceeding. Members may not be compelled to disclose their determinations, 25 conclusions, recommendations, discussions, or thought processes through discovery or 26 testimony in any civil or criminal proceeding. Records and information collected by 27 the state child fatality review team are not subject to discovery or subpoena in 28 connection with a civil or criminal proceeding. 29 (e) Notwithstanding (d) of this section, the state medical examiner may testify 30 in a civil or criminal proceeding even though the death was reviewed by the state child 31 fatality review team under AS 12.65.130 and information received from the review
01 formed a basis of the state medical examiner's testimony. 02 (f) A person who is a member or an employee of, or who furnishes services to 03 or advises, the state child fatality review team is not liable for damages or other relief 04 in an action brought by reason of the performance of a duty, a function, or an activity 05 of the review team. 06 * Sec. 19. AS 14.20.020(f) is amended to read: 07 (f) The [EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, 08 THE] department may not issue a teacher certificate to a person who has been 09 convicted of a crime involving a minor under AS 11.41.434 - 11.41.440, 11.41.455, 10 11.41.458, or 11.41.460, or under a law in another jurisdiction with elements 11 substantially similar to an offense described in AS 11.41.434 - 11.41.440, 11.41.455, 12 11.41.458, or 11.41.460 , or that is an attempt, solicitation, or conspiracy to commit 13 a crime described in this subsection or a law or ordinance in another jurisdiction 14 with similar elements . [WHEN FIVE YEARS HAVE ELAPSED AFTER A PERSON 15 HAS RECEIVED AN UNCONDITIONAL DISCHARGE FOR A CONVICTION OF 16 A CRIME LISTED IN THIS SUBSECTION, THE PERSON MAY PETITION THE 17 DEPARTMENT TO ISSUE THE CERTIFICATE IN SPITE OF THE CONVICTION 18 IF THE PERSON OTHERWISE SATISFIES THE REQUIREMENTS FOR THE 19 CERTIFICATE. WHEN DECIDING WHETHER TO GRANT OR DENY THE 20 PETITION, THE DEPARTMENT SHALL CONSIDER THE NATURE OF THE 21 PARTICULAR CRIME, WHETHER AND TO WHAT EXTENT THE PERSON HAS 22 BEEN REHABILITATED, AND THE OTHER FACTORS THAT THE 23 DEPARTMENT DETERMINES ARE SIGNIFICANT.] 24 * Sec. 20. AS 14.20.030(b) is amended to read: 25 (b) Upon receipt of a judgment of conviction, the department [THE 26 COMMISSIONER OR THE PROFESSIONAL TEACHING PRACTICES 27 COMMISSION] shall permanently revoke , effective immediately, [FOR LIFE] the 28 certificate of a person who has been convicted of a crime involving a minor under 29 AS 11.41.434 - 11.41.440, 11.41.455, 11.41.458, or 11.41.460, or under a law in 30 another jurisdiction with elements substantially similar to an offense described in 31 AS 11.41.434 - 11.41.440, 11.41.455, 11.41.458, or 11.41.460 , or that is an attempt,
01 solicitation, or conspiracy to commit a crime described in this subsection or a law 02 or ordinance in another jurisdiction with similar elements. If the judgment of 03 conviction is reversed on appeal and the person is otherwise eligible for licensure, 04 the department shall reinstate the license . [WHEN FIVE YEARS HAVE ELAPSED 05 AFTER THE PERSON HAS RECEIVED AN UNCONDITIONAL DISCHARGE FOR 06 THE CONVICTION, THE PERSON MAY PETITION THE COMMISSION FOR 07 RECERTIFICATION. WHEN DECIDING WHETHER TO GRANT OR DENY THE 08 PETITION, THE COMMISSION SHALL CONSIDER THE NATURE OF THE 09 PARTICULAR CRIME, WHETHER AND TO WHAT EXTENT THE PERSON HAS 10 BEEN REHABILITATED, AND THE OTHER FACTORS THAT THE COMMISSION 11 DETERMINES ARE SIGNIFICANT.] 12 * Sec. 21. AS 22.15.100 is amended to read: 13 Sec. 22.15.100. Functions and powers of district judge and magistrate. 14 Each district judge and magistrate has the power 15 (1) to issue writs of habeas corpus for the purpose of inquiring into the 16 cause of restraint of liberty, returnable before a judge of the superior court, and the 17 same proceedings shall be had on the writ as if it had been granted by the superior 18 court judge under the laws of the state in such cases; 19 (2) of a notary public; 20 (3) to solemnize marriages; 21 (4) to issue warrants of arrest, summons, and search warrants according 22 to manner and procedure prescribed by law and the supreme court; 23 (5) to act as an examining judge or magistrate in preliminary 24 examinations in criminal proceedings; to set, receive, and forfeit bail and to order the 25 release of defendants under bail; 26 (6) to act as a referee in matters and actions referred to the judge or 27 magistrate by the superior court, with all powers conferred upon referees by laws; 28 (7) of the superior court in all respects including but not limited to 29 contempts, attendance of witnesses, and bench warrants; 30 (8) to order the temporary detention of a minor, or take other action 31 authorized by law or rules of procedure, in cases arising under AS 47.10 [AS 47.10.010
01 - 47.10.142] or AS 47.12, when the minor is in a condition or surrounding dangerous 02 or injurious to the welfare of the minor or others that requires immediate action; the 03 action may be continued in effect until reviewed by the superior court in accordance 04 with rules of procedure governing these cases; 05 (9) to issue a protective order in cases involving domestic violence as 06 provided in AS 18.66.100 - 18.66.180; 07 (10) to review an administrative revocation of a person's driver's license 08 or nonresident privilege to drive, and an administrative refusal to issue an original 09 license, when designated as a hearing officer by the commissioner of administration and 10 with the consent of the administrative director of the state court system; 11 (11) to establish the fact of death or inquire into the death of a person 12 in the manner prescribed under AS 09.55.020 - 09.55.069. 13 * Sec. 22. AS 25.20.061 is amended to read: 14 Sec. 25.20.061. Presumptions [VISITATION] in proceedings involving 15 domestic violence. (a) If the court finds in a proceeding involving child custody 16 that domestic violence has occurred, rebuttable presumptions arise that it is 17 (1) detrimental to the child and not in the best interest of the child 18 to be placed in sole custody, joint legal custody, or joint physical custody with the 19 perpetrator of the domestic violence; and 20 (2) in the best interest of the child to reside with the parent who is 21 not a perpetrator of domestic violence in a location of that parent's choice, inside 22 or outside the state. 23 (b) In addition to the rebuttable presumptions that a court must consider 24 under (a) of this section, if the court finds that domestic violence has occurred, the 25 court shall consider the following factors in making an award of child custody: 26 (1) the safety and well-being of the child or of the parent who is the 27 victim of domestic violence; 28 (2) the perpetrator's history of causing physical harm, bodily injury, 29 or assault, or of causing reasonable fear of physical harm, bodily injury, or assault 30 to another person. 31 (c) If a parent is absent or relocates because of an act of domestic violence
01 by the other parent, the court may not consider the absence or relocation as a 02 factor against that parent in determining custody. 03 (d) The court may award [IF] visitation [IS AWARDED] to a parent who has 04 committed a crime involving domestic violence, against the other parent or a child of 05 the two parents, only if the court finds the safety of the child and the other parent 06 can be protected. 07 (e) If visitation is awarded under (d) of this section [WITHIN THE FIVE 08 YEARS PRECEDING THE AWARD OF VISITATION], the court may set conditions 09 for the visitation, including the following: 10 (1) the transfer of the child for visitation must occur in a protected 11 setting; 12 (2) visitation shall be supervised by another person or agency and under 13 specified conditions as ordered by the court; 14 (3) the perpetrator shall attend and complete, to the satisfaction of the 15 court, a program for the rehabilitation of perpetrators of domestic violence that meets 16 the standards set by the Department of Corrections under AS 44.28.020(b), or other 17 counseling; the perpetrator shall be required to pay the costs of the program or other 18 counseling; 19 (4) the perpetrator shall abstain from possession or consumption of 20 alcohol or controlled substances during the visitation and for 24 hours before visitation; 21 (5) the perpetrator shall pay costs of supervised visitation as set by the 22 court; 23 (6) the prohibition of overnight visitation; 24 (7) the perpetrator shall post a bond to the court for the return and 25 safety of the child; and 26 (8) any other condition necessary for the safety of the child, the other 27 parent, or other household member. 28 * Sec. 23. AS 25.20.070 is amended to read: 29 Sec. 25.20.070. Temporary custody of the child. Unless it is shown to be 30 detrimental to the welfare of the child or the court determines that domestic violence 31 has occurred , the child shall have, to the greatest degree practical, equal access to both
01 parents during the time that the court considers an award of custody under 02 AS 25.20.060 - 25.20.130. 03 * Sec. 24. AS 25.20.090 is amended to read: 04 Sec. 25.20.090. Factors for consideration in awarding shared child custody. 05 In determining whether to award shared custody of a child the court shall consider 06 (1) presumptions under AS 25.20.061; 07 (2) the child's preference if the child is of sufficient age and capacity 08 to form a preference; 09 (3) [(2)] the needs of the child; 10 (4) [(3)] the stability of the home environment likely to be offered by 11 each parent; 12 (5) [(4)] the education of the child; 13 (6) [(5)] the advantages of keeping the child in the community where 14 the child presently resides; 15 (7) [(6)] the optimal time for the child to spend with each parent 16 considering 17 (A) the actual time spent with each parent; 18 (B) the proximity of each parent to the other and to the school 19 in which the child is enrolled; 20 (C) the feasibility of travel between the parents; 21 (D) special needs unique to the child that may be better met by 22 one parent than the other; 23 (E) which parent is more likely to encourage frequent and 24 continuing contact with the other parent; 25 (8) [(7)] any findings and recommendations of a neutral mediator; 26 (9) [(8)] any evidence of domestic violence, child abuse, or child neglect 27 in the proposed custodial household or a history of violence between the parents; 28 (10) [(9)] evidence that substance abuse by either parent or other 29 members of the household directly affects the emotional or physical well-being of the 30 child; 31 (11) [(10)] other factors the court considers pertinent.
01 * Sec. 25. AS 25.23.180(c) is amended to read: 02 (c) The relationship of parent and child may be terminated by a court order 03 issued in connection with a proceeding under this chapter or a proceeding under 04 AS 47.10 on the grounds [:] 05 (1) [ON THE GROUNDS] specified in AS 47.10.080(o) or 47.10.088 06 [AS 47.10.080(c)(3)]; 07 (2) [ON THE GROUNDS] that a parent who does not have custody is 08 unreasonably withholding consent to adoption, contrary to the best interest of the minor 09 child; or 10 (3) [ON GROUNDS] that the parent committed an act constituting 11 sexual assault or sexual abuse of a minor under the laws of this state or a comparable 12 offense under the laws of the state where the act occurred that resulted in conception 13 of the child and that termination of the parental rights of the biological parent is in the 14 best interests of the child. 15 * Sec. 26. AS 25.24.150(c) is amended to read: 16 (c) The court shall determine custody in accordance with the best interests of 17 the child under AS 25.20.060 - 25.20.130. In determining the best interests of the child 18 the court shall consider 19 (1) presumptions under AS 25.20.061; 20 (2) the physical, emotional, mental, religious, and social needs of the 21 child; 22 (3) [(2)] the capability and desire of each parent to meet these needs; 23 (4) [(3)] the child's preference if the child is of sufficient age and 24 capacity to form a preference; 25 (5) [(4)] the love and affection existing between the child and each 26 parent; 27 (6) [(5)] the length of time the child has lived in a stable, satisfactory 28 environment and the desirability of maintaining continuity; 29 (7) [(6)] the desire and ability of each parent to allow an open and 30 loving frequent relationship between the child and the other parent; 31 (8) [(7)] any evidence of domestic violence, child abuse, or child neglect
01 in the proposed custodial household or a history of violence between the parents; 02 (9) [(8)] evidence that substance abuse by either parent or other 03 members of the household directly affects the emotional or physical well-being of the 04 child; 05 (10) [(9)] other factors that the court considers pertinent. 06 * Sec. 27. AS 43.23.065(b) is amended to read: 07 (b) An exemption is not available under this section for permanent fund 08 dividends taken to satisfy 09 (1) child support obligations required by court order or decision of the 10 child support enforcement agency under AS 25.27.140 - 25.27.220; 11 (2) court ordered restitution under AS 12.55.045 - 12.55.051, 12.55.100, 12 or AS 47.12.120(b)(4); 13 (3) claims on defaulted scholarship loans under AS 43.23.067; 14 (4) court ordered fines; 15 (5) writs of execution under AS 09.35 of a judgment that is entered 16 (A) against a minor in a civil action to recover damages and 17 court costs; 18 (B) under AS 34.50.020 against the parent, parents, or legal 19 guardian of an unemancipated minor; 20 (6) a debt owed by an eligible individual to an agency of the state, 21 unless the debt is contested and an appeal is pending, or the time limit for filing an 22 appeal has not expired; 23 (7) a debt owed to a person for a program for the rehabilitation of 24 perpetrators of domestic violence required under AS 12.55.101, AS 18.66.100(c)(15), 25 AS 25.20.061(e)(3) [AS 25.20.061(3)], or AS 33.16.150(f)(2). 26 * Sec. 28. AS 47.05 is amended by adding a new section to read: 27 Sec. 47.05.065. Legislative findings related to children. The legislature finds 28 that 29 (1) parents have the following rights and responsibilities relating to the 30 care and control of their child while the child is a minor: 31 (A) the responsibility to provide the child with food, clothing,
01 shelter, education, and medical care; 02 (B) the right and responsibility to protect, nurture, train, and 03 discipline the child, including the right to direct the child's medical care and the 04 right to exercise reasonable corporal discipline; 05 (C) the right to determine where and with whom the child shall 06 live; 07 (D) the rights and responsibility to make decisions of legal or 08 financial significance concerning the child; 09 (E) the right to obtain representation for the child in legal 10 actions; and 11 (F) the responsibility to provide special safeguards and care, 12 including appropriate protection for the child; 13 (2) it is the policy of the state to strengthen families and to protect 14 children from child abuse and neglect; the state recognizes that, in some cases, 15 protection of a child may require removal of the child from the child's home; however, 16 (A) except in those cases involving serious risk to a child's 17 health or safety, the Department of Health and Social Services should provide 18 time-limited family support services to the child and the child's family in order 19 to offer parents the opportunity to remedy parental conduct or conditions in the 20 home that placed the child at risk of harm so that a child may return home 21 safely and permanently; and 22 (B) the state also recognizes that when a child is removed from 23 the home, visitation between the child and the child's parents or guardian and 24 family members reduces the trauma for the child and enhances the likelihood 25 that the child will be able to return home; therefore, whenever a child is 26 removed from the parental home, the Department of Health and Social Services 27 should encourage frequent, regular, and reasonable visitation of the child with 28 the child's parent or guardian and family members; 29 (3) it is the policy of the state to recognize that, when a child is a ward 30 of the state, the child is entitled to reasonable safety, adequate care, and adequate 31 treatment and that the Department of Health and Social Services as legal custodian and
01 the child's guardian ad litem as guardian of the child's best interests and their agents 02 and assignees, each should make reasonable efforts to ensure that the child is provided 03 with reasonable safety, adequate care, and adequate treatment for the duration of time 04 that the child is a ward of the state; 05 (4) it is in the best interests of a child who has been removed from the 06 child's own home for the state to apply the following principles in resolving the 07 situation: 08 (A) the child should be placed in a safe, secure, and stable 09 environment; 10 (B) the child should not be moved unnecessarily; 11 (C) a planning process should be followed to lead to permanent 12 placement of the child; 13 (D) every effort should be made to encourage psychological 14 attachment between the adult caregiver and the child; 15 (E) frequent, regular, and reasonable visitation with the parent 16 or guardian and family members should be encouraged; and 17 (F) parents and guardians must actively participate in family 18 support services so as to facilitate the child's being able to remain in the home; 19 when children are removed from the home, the parents and guardians must 20 actively participate in family support services to make return of their children 21 to the home possible; 22 (5) numerous studies establish that 23 (A) children undergo a critical attachment process before the 24 time they reach six years of age; 25 (B) a child who has not attached with an adult caregiver during 26 this critical stage will suffer significant emotional damage that frequently leads 27 to chronic psychological problems and antisocial behavior when the child 28 reaches adolescence and adulthood; and 29 (C) it is important to provide for an expedited placement 30 procedure to ensure that all children, especially those under the age of six years, 31 who have been removed from their homes are placed in permanent homes
01 expeditiously. 02 * Sec. 29. AS 47.05 is amended by adding a new section to read: 03 Sec. 47.05.090. Authorization of the Interstate Compact on Adoption and 04 Medical Assistance. (a) The Department of Health and Social Services may, on 05 behalf of the state, enter into the Interstate Compact on Adoption and Medical 06 Assistance and supplementary agreements with agencies of other states for the provision 07 of adoption and medical assistance under AS 47.07 and other provisions of this title for 08 eligible children with special needs. 09 (b) In this section, "state" includes a state, territory, possession, or 10 commonwealth of the United States. 11 * Sec. 30. AS 47.10 is amended by adding a new section to read: 12 Sec. 47.10.005. Construction. The provisions of this chapter shall be liberally 13 construed to the end that a child coming within the jurisdiction of the court under this 14 chapter may receive the care, guidance, treatment, and control that will promote the 15 child's welfare. 16 * Sec. 31. AS 47.10.010 is repealed and reenacted to read: 17 Sec. 47.10.010. Jurisdiction. (a) Proceedings relating to a child under 18 18 years of age residing or found in the state are governed by this chapter when the child 19 is alleged to be or may be determined by the court to be a child in need of aid under 20 AS 47.10.011. 21 (b) In a controversy concerning custody of a child under this chapter, the court 22 may appoint a guardian of the person and property of a child, may appoint an attorney 23 to represent the legal interests of the child, and may order support from either or both 24 parents. Custody of a child may be given to the department and payment of support 25 money to the department may be ordered by a court. 26 * Sec. 32. AS 47.10 is amended by adding new sections to read: 27 Sec. 47.10.011. Children in need of aid. Subject to AS 47.10.019 and 28 AS 47.14.100(i), the court may find a child to be a child in need of aid if it finds by 29 a preponderance of the evidence that the child has been subjected to any of the 30 following: 31 (1) a parent or guardian has abandoned the child as described in
01 AS 47.10.013, and the other parent is absent or has committed conduct or created 02 conditions that cause the child to be a child in need of aid under this chapter; 03 (2) a parent, guardian, or custodian is incarcerated, the other parent is 04 absent or has committed conduct or created conditions that cause the child to be a child 05 in need of aid under this chapter, and the incarcerated parent has not made satisfactory 06 arrangements for the child; 07 (3) a custodian with whom the child has been left is unwilling or unable 08 to provide care, supervision, or support for the child, and the whereabouts of the parent 09 or guardian is unknown; 10 (4) the child is in need of medical treatment to cure, alleviate, or 11 prevent substantial physical harm or is in need of treatment for mental injury, as 12 defined in AS 47.17.290, and the child's parent, guardian, or custodian has knowingly 13 failed to provide the treatment; 14 (5) the child is habitually absent from home or refuses to accept 15 available care and the child's conduct threatens the child's physical or emotional health 16 or safety; 17 (6) the child has suffered substantial physical harm, or there is a 18 substantial risk that the child will suffer substantial physical harm, as a result of 19 conduct by or conditions created by the child's parent, guardian, or custodian or by the 20 failure of the parent, guardian, or custodian to supervise the child adequately; 21 (7) the child has suffered sexual abuse, or there is a substantial risk that 22 the child will suffer sexual abuse, as a result of conduct by or conditions created by the 23 child's parent, guardian, or custodian or by the failure of the parent, guardian, or 24 custodian to adequately supervise the child; if a parent, guardian, or custodian has 25 actual notice that a person has been convicted of a sex offense against a minor within 26 the past 15 years, is registered or required to register as a sex offender under AS 12.63, 27 or is under investigation for a sex offense against a minor, and the parent, guardian, or 28 custodian subsequently allows a child to be left with that person, this conduct 29 constitutes prima facie evidence that the child is at substantial risk of being sexually 30 abused; 31 (8) conduct by or conditions created by the parent, guardian, or
01 custodian have resulted in mental injury to the child or placed the child at substantial 02 risk of mental injury; 03 (9) conduct by or conditions created by the parent, guardian, or 04 custodian have subjected the child or another child in the same household to neglect; 05 (10) the parent, guardian, or custodian's ability to parent has been 06 substantially impaired by the addictive or habitual use of an intoxicant, and the 07 addictive or habitual use of the intoxicant has resulted in a substantial risk of harm to 08 the child; if a court has previously found that a child is a child in need of aid under this 09 paragraph, the resumption of use of an intoxicant by a parent, guardian, or custodian 10 within one year after rehabilitation is prima facie evidence that the ability to parent is 11 substantially impaired and the addictive or habitual use of the intoxicant has resulted 12 in a substantial risk of harm to the child as described in this paragraph; 13 (11) the parent, guardian, or custodian has a mental illness, serious 14 emotional disturbance, or mental deficiency of a nature and duration that places the 15 child at substantial risk of physical harm or mental injury; 16 (12) the child has committed an illegal act as a result of pressure, 17 guidance, or approval from the child's parent, guardian, or custodian. 18 Sec. 47.10.013. Abandonment. (a) For purposes of this chapter, the court 19 may find abandonment of a child if a parent or guardian has shown a conscious 20 disregard of parental responsibilities toward the child by failing to provide reasonable 21 support, maintain regular contact, or provide normal supervision. Abandonment of a 22 child also includes instances when the parent or guardian, without justifiable cause, 23 (1) left the child with another person without provision for the child's 24 support and without meaningful communication with the child for a period of three 25 months; 26 (2) has made only minimal efforts to support and communicate with the 27 child; 28 (3) failed for a period of at least six months to maintain regular 29 visitation with the child; 30 (4) failed to participate in a suitable plan or program designed to reunite 31 the parent or guardian with the child;
01 (5) left the child without affording means of identifying the child and 02 the child's parent or guardian; 03 (6) was absent from the home for a period of time that created a 04 substantial risk of serious harm to a child left in the home; 05 (7) failed to respond to notice of child protective proceedings; or 06 (8) was unwilling to provide care, support, or supervision for the child. 07 (b) For purposes of (a) of this section, a parent or guardian who is a victim of 08 domestic violence, or who has a child in the parent's or guardian's care who is the 09 victim of domestic violence, is considered to have justifiable cause to take an action 10 or to fail to take an action that would otherwise be considered to be abandonment of 11 a child under (a) of this section if the action or failure to act is necessary to protect the 12 parent or guardian, or a child in the care of the parent or guardian, from further acts 13 of domestic violence. However, a parent or guardian who initially had justifiable cause 14 to act or fail to act as described in this subsection may be considered to have 15 abandoned the child without justifiable cause for purposes of (a) of this section if the 16 parent or guardian does not take reasonable steps to reunify with or provide care for 17 the abandoned child after becoming secure from further acts of domestic violence or 18 after providing that another child in the care of the parent or guardian is secure from 19 further acts of domestic violence. 20 Sec. 47.10.014. Neglect. For purposes of this chapter, the court may find 21 neglect of a child if the parent, guardian, or custodian fails to provide the child with 22 adequate food, clothing, shelter, education, medical attention, or other care and control 23 necessary for the child's physical and mental health and development, though 24 financially able to do so or offered financial or other reasonable means to do so. 25 Sec. 47.10.015. Physical harm. For the purposes of this chapter, the court may 26 find physical harm to a child or substantial risk of physical harm to a child if 27 (1) the child was the victim of an act described in AS 11.41.100 - 28 11.41.250, 11.41.300, 11.41.410 - 11.41.455, or AS 11.51.100 and the physical harm 29 occurred as a result of conduct by or conditions created by a parent, guardian, or 30 custodian; or 31 (2) a negligent act or omission by a parent, guardian, or custodian
01 creates a substantial risk of injury to the child. 02 Sec. 47.10.019. Limitations on determinations. Notwithstanding other 03 provisions of this chapter, the court may not find a minor to be a child in need of aid 04 under this chapter solely on the basis that the child's family is poor, lacks adequate 05 housing, or exhibits a lifestyle that is different from the generally accepted lifestyle 06 standard of the community where the family lives. However, this section may not be 07 construed to prevent a court from finding that a child is in need of aid if the child has 08 been subjected to conduct or conditions described in AS 47.10.011 - 47.10.015. 09 * Sec. 33. AS 47.10.020(a) is amended to read: 10 (a) Whenever circumstances subject a child [MINOR] to the jurisdiction of the 11 court under AS 47.10.005 - 47.10.142 [AS 47.10.010 - 47.10.142], the court shall 12 appoint a competent person or agency to make a preliminary inquiry and report for the 13 information of the court to determine whether the best interests of the child [MINOR] 14 require that further action be taken . If [; IF], under this subsection, the court appoints 15 a person or agency to make a preliminary inquiry and to report to it, then , upon the 16 receipt of the report, the court may 17 (1) close [INFORMALLY ADJUST] the matter without a court hearing ; 18 (2) determine whether the best interests of the child require that 19 further action be taken; [,] or 20 (3) [IT MAY] authorize the person or agency having knowledge of the 21 facts of the case to file with the court a petition setting out the facts[; IF THE COURT 22 INFORMALLY ADJUSTS THE MATTER, THE MINOR MAY NOT BE DETAINED 23 OR TAKEN INTO THE CUSTODY OF THE COURT AS A CONDITION OF THE 24 ADJUSTMENT, AND THE MATTER SHALL BE CLOSED BY THE COURT UPON 25 ADJUSTMENT]. 26 * Sec. 34. AS 47.10.020(b) is amended to read: 27 (b) The petition and all subsequent pleadings shall be styled as follows: "In the 28 matter of . . . . . . . . . . . . . . . . . . . . . . . ., a child [MINOR] under 18 years of age." 29 The petition may be executed upon the petitioner's information and belief [,] and must 30 be verified. It must include the following information: 31 (1) the name, address , and occupation of the petitioner, together with
01 the petitioner's relationship to the child [MINOR], and the petitioner's interest in the 02 matter; 03 (2) the name, age , and address of the child [MINOR]; 04 (3) a brief statement of the facts that bring the child [MINOR] within 05 this chapter; 06 (4) the names and addresses of the child's [MINOR'S] parents; 07 (5) the tribal affiliation, if known, of the child; 08 (6) the name and address of the child's [MINOR'S] guardian [,] or of 09 the person having control or custody of the child [MINOR]. 10 * Sec. 35. AS 47.10.030(b) is amended to read: 11 (b) In all cases under this chapter , the child [MINOR], each parent , the tribe, 12 foster parent or other out-of-home care provider, [OF THE MINOR AND THE] 13 guardian , and guardian ad litem of the child [MINOR] shall be given notice adequate 14 to give actual notice of the proceedings and the possibility of termination of parental 15 rights and responsibilities, taking into account education and language differences that 16 are known or reasonably ascertainable by the petitioner or the department. The notice 17 of the hearing must contain all names by which the child [MINOR] has been identified. 18 Notice shall be given in the manner appropriate under rules of civil procedure for the 19 service of process in a civil action under Alaska law or in any manner the court by 20 order directs. Proof of the giving of the notice shall be filed with the court before the 21 petition is heard. The court may also subpoena the parent of the child [MINOR], or 22 any other person whose testimony may be necessary at the hearing. A subpoena or 23 other process may be served by a person authorized by law to make the service, and , 24 where personal service cannot be made, the court may direct that service of process be 25 in a manner appropriate under rules of civil procedure for the service of process in a 26 civil action under Alaska law or in any manner the court directs. 27 * Sec. 36. AS 47.10.050(a) is amended to read: 28 (a) Whenever in the course of proceedings instituted under this chapter it 29 appears to the court that the welfare of a child [MINOR] will be promoted by the 30 appointment of an attorney to represent the child [MINOR OR AN ATTORNEY OR 31 OTHER PERSON TO SERVE AS GUARDIAN AD LITEM], the court may make the
01 appointment. If it appears to the court that the welfare of a child in the proceeding 02 will be promoted by the appointment of a guardian ad litem, the court shall make 03 the appointment. Appointment of a guardian ad litem or attorney shall be made under 04 the terms of AS 25.24.310. 05 * Sec. 37. AS 47.10.070(a) is amended to read: 06 (a) The court may conduct the hearing on the petition in an informal manner 07 [IN THE COURTROOM OR IN CHAMBERS]. The court shall give notice of the 08 hearing to the department , and it may send a representative to the hearing. The court 09 shall also transmit a copy of the petition to the department. The department shall 10 send notice of the hearing to the persons for whom notice is required under 11 AS 47.10.030(b). The department and the persons to whom the department must 12 send notice of the hearing are entitled to [REPRESENTATIVE OF THE 13 DEPARTMENT MAY ALSO] be heard at the hearing. However, the court may limit 14 the presence of the foster parent or other out-of-home care provider to the time 15 during which the person's testimony is being given if it is (1) in the best interest 16 of the child; or (2) necessary to protect the privacy interests of the parties and will 17 not be detrimental to the child. The public shall be excluded from the hearing, but 18 the court, in its discretion, may permit individuals to attend a hearing if their attendance 19 is compatible with the best interests of the child [MINOR]. 20 * Sec. 38. AS 47.10.080(a) is amended to read: 21 (a) An adjudication hearing shall be completed within 120 days after a 22 finding of probable cause is entered unless the court finds good cause to continue 23 the hearing. When determining whether to grant a continuance for good cause, 24 the court shall take into consideration the age of the child and the potential 25 adverse effect that the delay may have on the child. The court, at the conclusion of 26 the hearing, [OR THEREAFTER] as the circumstances of the case may require, shall 27 find and enter a judgment that the child [MINOR] is or is not a child in need of aid. 28 * Sec. 39. AS 47.10.080(c) is amended to read: 29 (c) If the court finds that the child [MINOR] is a child in need of aid, the 30 court [IT] shall 31 (1) order the child [MINOR] committed to the department for placement
01 in an appropriate setting for a period of time not to exceed two years or in any event 02 past the date the child [MINOR] becomes 19 years of age, except that the department 03 or the child's guardian ad litem may petition for and the court may grant in a hearing 04 (A) one-year [TWO-YEAR] extensions of commitment that do not extend beyond the 05 child's [MINOR'S] 19th birthday if the extension is in the best interests of the child 06 [MINOR]; and (B) an additional one-year period of state custody [SUPERVISION] 07 past age 19 if the continued state custody [SUPERVISION] is in the best interests of 08 the person and the person consents to it; [THE DEPARTMENT MAY TRANSFER 09 THE MINOR, IN THE MINOR'S BEST INTERESTS, FROM ONE PLACEMENT 10 SETTING TO ANOTHER, AND THE MINOR, THE MINOR'S PARENTS OR 11 GUARDIAN, AND THE MINOR'S ATTORNEY ARE ENTITLED TO 12 REASONABLE NOTICE OF THE TRANSFER;] 13 (2) order the child [MINOR] released to a parent, relative, or 14 guardian of the child [THE MINOR'S PARENTS, GUARDIAN,] or to another 15 [SOME OTHER] suitable person, and, in appropriate cases, order the parent, relative 16 [PARENTS], guardian, or other person to provide medical or other care and treatment; 17 if the court releases the child [MINOR], it shall direct the department to supervise the 18 care and treatment given to the child [MINOR], but the court may dispense with the 19 department's supervision if the court finds that the adult to whom the child [MINOR] 20 is released will adequately care for the child [MINOR] without supervision; the 21 department's supervision may not exceed two years or in any event extend past the date 22 the child [MINOR] reaches age 19, except that the department or the child's guardian 23 ad litem may petition for and the court may grant in a hearing 24 (A) one-year [TWO-YEAR] extensions of supervision that do 25 not extend beyond the child's [MINOR'S] 19th birthday if the extensions are 26 [EXTENSION] is in the best interests of the child [MINOR]; and 27 (B) an additional one-year period of supervision past age 19 if 28 the continued supervision is in the best interests of the person and the person 29 consents to it; or 30 (3) by order, under the grounds specified in (o) of this section or 31 AS 47.10.088, the termination of [UPON A SHOWING IN THE ADJUDICATION
01 BY CLEAR AND CONVINCING EVIDENCE THAT THERE IS A CHILD IN NEED 02 OF AID UNDER AS 47.10.010(a) AS A RESULT OF PARENTAL CONDUCT AND 03 UPON A SHOWING IN THE DISPOSITION BY CLEAR AND CONVINCING 04 EVIDENCE THAT THE PARENTAL CONDUCT IS LIKELY TO CONTINUE TO 05 EXIST IF THERE IS NO TERMINATION OF PARENTAL RIGHTS, TERMINATE] 06 parental rights and responsibilities of one or both parents [,] and commit the child to 07 the custody of the department [OR TO A LEGALLY APPOINTED GUARDIAN OF 08 THE PERSON OF THE CHILD], and the department [OR GUARDIAN] shall report 09 quarterly [ANNUALLY] to the court on efforts being made to find a permanent 10 placement for the child. 11 * Sec. 40. AS 47.10.080(f) is amended to read: 12 (f) A child [MINOR] found to be a child in need of aid is a ward of the state 13 while committed to the department or the department has the power to supervise the 14 child's [MINOR'S] actions. For an order made under (c)(1) of this section, the 15 [THE] court shall hold a permanency hearing as required by (l) of this section and 16 at least annually thereafter during the continuation of foster care [REVIEW AN 17 ORDER MADE UNDER (c)(1) OR (2) OF THIS SECTION ANNUALLY, AND MAY 18 REVIEW THE ORDER MORE FREQUENTLY] to determine if continued placement 19 [OR SUPERVISION], as it is being provided, is in the best interest of the child 20 [MINOR. IF ANNUAL REVIEW UNDER THIS SUBSECTION WOULD ARISE 21 WITHIN 90 DAYS OF THE HEARING REQUIRED UNDER (l) OF THIS SECTION, 22 THE COURT MAY POSTPONE REVIEW UNDER THIS SUBSECTION UNTIL THE 23 TIME SET FOR THE HEARING]. The department, the child, and [MINOR,] the 24 child's [MINOR'S] parents, guardian, and guardian ad litem [OR CUSTODIAN] are 25 entitled, when good cause is shown, to a permanency hearing [REVIEW] on 26 application. If the application is granted, the court shall afford these persons 27 [PARTIES] and their counsel reasonable advance notice [IN ADVANCE OF THE 28 REVIEW] and hold a permanency hearing where these persons [PARTIES] and their 29 counsel shall be afforded an opportunity to be heard. The persons entitled to notice 30 under AS 47.10.030(b) are entitled to notice of a permanency hearing under this 31 subsection and are also entitled to be heard at the hearing. The child [MINOR]
01 shall be afforded the opportunity to be present and to be heard at the permanency 02 hearing. After the permanency hearing, the court shall make the written findings 03 that are required under (l) of this section. The court shall review an order made 04 under (c)(2) of this section at least annually to determine if continued supervision, 05 as it is being provided, is in the best interest of the child; this review is not 06 considered to be a permanency hearing and is not governed by the provisions of 07 this subsection that relate to permanency hearings [REVIEW]. 08 * Sec. 41. AS 47.10.080(i) is amended to read: 09 (i) A child or [MINOR,] the child's [MINOR'S] parents , [OR] guardian, or 10 guardian ad litem, or attorney , acting on the child's [MINOR'S] behalf, or the 11 department may appeal a judgment or order, or the stay, modification, setting aside, 12 revocation, or enlargement of a judgment or order issued by the court under this 13 chapter. Absent extraordinary circumstances, a decision on the appeal shall be 14 issued no later than 90 days after the latest of the following: 15 (1) the date oral argument, if any, is heard on the appeal; or 16 (2) 45 days after the last date oral argument could have been timely 17 requested if oral argument was not requested. 18 * Sec. 42. AS 47.10.080(l) is repealed and reenacted to read: 19 (l) Within 12 months after the date a child enters foster care as calculated under 20 AS 47.10.088(f), the court shall hold a permanency hearing. The hearing and 21 permanent plan developed in the hearing are governed by the following provisions: 22 (1) the persons entitled to be heard under AS 47.10.070 or under (f) of 23 this section are also entitled to be heard at the hearing held under this subsection; 24 (2) when establishing the permanent plan for the child, the court shall 25 make appropriate written findings, including findings related to whether 26 (A) and when the child should be returned to the parent or 27 guardian; 28 (B) the child should be placed for adoption or legal guardianship 29 and whether a petition for termination of parental rights should be filed by the 30 department; and 31 (C) the child should be placed in another planned, permanent
01 living arrangement and what steps are necessary to achieve the new 02 arrangement; 03 (3) if the court is unable to make a finding required under (2) of this 04 subsection, the court shall hold another hearing within a reasonable period time; 05 (4) in addition to the findings required by (2) of this subsection, the 06 court shall also make appropriate written findings related to 07 (A) whether the department has made the reasonable efforts 08 required under AS 47.10.086 to offer appropriate family support services to 09 remedy the parent's or guardian's conduct or conditions in the home that made 10 the child a child in need of aid under this chapter; 11 (B) whether the parent or guardian has made substantial progress 12 to remedy the parent's or guardian's conduct or conditions in the home that 13 made the child a child in need of aid under this chapter; and 14 (C) if the permanent plan is for the child to remain in out-of- 15 home-care, whether the child's out-of-home placement continues to be appropriate and in the 16 best interests of the child; 17 (5) the court shall hold a hearing to review the permanent plan at least 18 annually until successful implementation of the plan; if the plan approved by the court 19 changes after the hearing, the department shall promptly apply to the court for another 20 permanency hearing, and the court shall conduct the hearing within 30 days after 21 application by the department. 22 * Sec. 43. AS 47.10.080(o) is amended to read: 23 (o) For purposes of terminating a parent's parental rights under the standards 24 in (c)(3) of this section, the court may determine that incarceration of the parent is 25 sufficient grounds for determining that a child [MINOR] is a child in need of aid under 26 AS 47.10.011 [AS 47.10.010(a)(1)] as a result of parental conduct and that the parental 27 rights of the incarcerated parent should be terminated [CONDUCT IS LIKELY TO 28 CONTINUE] if the court finds, based on clear and convincing evidence, that [THE] 29 (1) the period of incarceration that the parent is scheduled to serve 30 during the child's minority is significant considering the child's age and the child's need 31 for an adult's care and supervision; [AND]
01 (2) there is not another parent willing and able to care for the child; 02 and 03 (3) the incarcerated parent has failed to make adequate provisions for 04 care of the child during the period of incarceration that will be during the child's 05 minority. 06 * Sec. 44. AS 47.10.080 is amended by adding new subsections to read: 07 (p) If a child is removed from the parental home, the department shall provide 08 reasonable visitation between the child and the child's parents, guardian, and family. 09 The court may require the department to file a visitation plan with the court. The 10 department may deny visitation to the parents, guardian, or family members if there is 11 clear and convincing evidence that visits are not in the child's best interests. A parent 12 or guardian who is denied visitation may request a review hearing. 13 (q) If the court orders a child committed to the department under (c) of this 14 section and the department places the child in licensed foster care, the department shall 15 (1) provide the foster parent with a copy of 16 (A) appropriate information held by the department regarding the 17 child to the extent required by AS 47.12.310(b)(8); 18 (B) all initial, updated, and revised case service plans for the 19 child, court orders relating to the child, and the child's medical, mental, and 20 education reports prepared by or for the department, including reports compiled 21 before the child was placed with the foster parent; and 22 (C) supplements to the plans, orders, and reports described in (B) 23 of this paragraph; 24 (2) require the foster parent to 25 (A) maintain and update records regarding medical, mental, 26 educational, and behavioral services provided to the child; 27 (B) provide all records described in (A) of this paragraph to the 28 department when the child leaves the foster home placement; and 29 (C) maintain the confidentiality of records regarding a child 30 placed in the foster home except when disclosure of the records is allowed 31 under regulations of the department or when disclosure is reasonably necessary
01 to ensure continuation of care for the child through appropriate medical, mental, 02 educational, and behavioral services. 03 (r) If the court orders a child committed to the department under (c) of this 04 section for placement in licensed foster care or for placement with a relative of the 05 child, the court shall order the child's parent or guardian to provide the department with 06 (1) the names, addresses, and telephone numbers of all of the child's 07 medical providers; and 08 (2) a signed release for each medical provider identified in (1) of this 09 subsection authorizing the provider to disclose the child's medical records to the 10 department. 11 (s) The department may transfer a child, in the child's best interests, from one 12 placement setting to another, and the child, the child's parents or guardian, the child's 13 foster parents or out-of-home caregiver, the child's guardian ad litem, the child's 14 attorney, and the child's tribe are entitled to advance notice of a nonemergency transfer. 15 A party opposed to the proposed transfer may request a hearing and must prove by 16 clear and convincing evidence that the transfer would be contrary to the best interests 17 of the child for the court to deny the transfer. A foster parent or out-of-home caregiver 18 who requests a change in placement of the child should provide the department with 19 reasonable advance notice of the requested change. 20 * Sec. 45. AS 47.10.082 is amended to read: 21 Sec. 47.10.082. Best interests of child and other considerations. In making 22 its dispositional order under AS 47.10.080(c), the court shall [CONSIDER] 23 (1) consider the best interests of the child; [AND] 24 (2) consider the ability of the state to take custody and to care for the 25 child to protect the child's best interests under AS 47.10.005 - 47.10.142; and 26 (3) keep the health and safety of the child as the court's paramount 27 concern [AS 47.10.010 - 47.10.142]. 28 * Sec. 46. AS 47.10.084(a) is amended to read: 29 (a) When a child is committed under AS 47.10.080(c)(1) to the department, 30 released under AS 47.10.080(c)(2) to the child's parents, guardian, or other suitable 31 person, or committed to the department or to a legally appointed guardian of the person
01 of the child under AS 47.10.080(c)(3), a relationship of legal custody exists. This 02 relationship imposes on the department and its authorized agents or the parents, 03 guardian, or other suitable person the responsibility of physical care and control of the 04 child, the determination of where and with whom the child shall live, the right and duty 05 to protect, nurture, train, and discipline the child, [AND] the duty of providing the 06 child with food, shelter, education, and medical care , and the right and responsibility 07 to obtain legal representation for, and make decisions of legal or financial 08 significance concerning, the child . These obligations are subject to any residual 09 parental rights and responsibilities and rights and responsibilities of a guardian if one 10 has been appointed. When a child is committed to the department and the department 11 places the child with the child's parent, the parent has the responsibility to provide and 12 pay for food, shelter, education, and medical care for the child. When parental rights 13 have been terminated, or there are no living parents and no guardian has been 14 appointed, the responsibilities of legal custody include those in (b) and (c) of this 15 section. The department or person having legal custody of the child may delegate any 16 of the responsibilities under this section, except authority to consent to marriage, 17 adoption, and military enlistment may not be delegated. For purposes of this chapter 18 a person in charge of a placement setting is an agent of the department. 19 * Sec. 47. AS 47.10 is amended by adding new sections to read: 20 Sec. 47.10.086. Reasonable efforts. (a) Except as provided in (b) and (c) of 21 this section, the department shall make timely, reasonable efforts to provide family 22 support services to the child and to the parents or guardian of the child that are 23 designed to prevent out-of-home placement of the child or to enable the safe return of 24 the child to the family home, when appropriate, if the child is in an out-of-home 25 placement. The department's duty to make reasonable efforts under this subsection 26 includes the duty to 27 (1) identify available departmental and community services that are 28 designed to sustain and enhance the capacity of a parent or guardian to care for the 29 child at a level of adequacy that will allow the child either to remain in the home or 30 to be returned to the home; the department shall place a high priority on determining 31 whether appropriate community services are available;
01 (2) actively offer and attempt to provide or to refer the parent or 02 guardian to the services identified under (1) of this subsection; the department shall 03 place a high priority on referring the parents to services that are community services 04 if community services are available and desired by the parent or guardian; 05 (3) document the department's actions that are taken under (1) and (2) 06 of this subsection. 07 (b) If the court makes a finding at a hearing conducted under AS 47.10.080(l) 08 that a parent or guardian has not sufficiently remedied the parent's or guardian's 09 conduct or the conditions in the home despite reasonable efforts made by the 10 department in accordance with this section, the court may conclude that continuation 11 of reasonable efforts of the type described in (a) of this section are not in the best 12 interests of the child. The department shall then make reasonable efforts to place the 13 child in a timely manner in accordance with the permanent plan and to complete 14 whatever steps are necessary to finalize the permanent placement of the child. 15 (c) The court may determine that reasonable efforts of the type described in (a) 16 of this section are not required if the court has found by a preponderance of the 17 evidence that 18 (1) the parent or guardian has subjected the child to circumstances that 19 pose a substantial risk to the child's health or safety; these circumstances include 20 abandonment, sexual abuse, torture, chronic mental injury, or chronic physical harm; 21 (2) the parent or guardian has 22 (A) committed homicide under AS 11.41.100 - 11.41.130 of a 23 parent of the child or of a child; 24 (B) aided or abetted, attempted, conspired, or solicited under 25 AS 11.16 or AS 11.31 to commit a homicide described in (A) of this paragraph; 26 (C) committed an assault that is a felony under AS 11.41.200 - 27 11.41.220 and results in serious physical injury to a child; or 28 (D) committed the conduct described in (A) - (C) of this 29 paragraph that violated a law or ordinance of another jurisdiction having 30 elements similar to an offense described in (A) - (C) of this paragraph; 31 (3) the parental rights of a parent to a sibling of the child have been
01 terminated by the court; 02 (4) the department has conducted a reasonably diligent search over a 03 time period of at least three months for an unidentified or absent parent and has failed 04 to identify and locate the parent; 05 (5) the parent or guardian is the sole caregiver of the child and the 06 parent or guardian has a mental illness or mental deficiency that, according to a written 07 certification of a psychologist or physician, makes it more probable than not that, even 08 with the provision of family support services for 12 months, the caregiver will be 09 incapable of caring for the child without creating a risk of substantial physical harm to 10 the child; 11 (6) the parent or guardian has previously been convicted of a crime 12 involving a child in this state or in another jurisdiction and, after the conviction, the 13 child was returned to the custody of the parent or guardian and later removed because 14 of an additional substantiated report of physical or sexual abuse by the parent or 15 guardian; 16 (7) a child has suffered substantial physical harm as the result of abusive 17 or neglectful conduct by the parent or guardian or by a person known by the parent or 18 guardian and the parent or guardian knew or reasonably should have known that the 19 person was abusing the child; 20 (8) the parental rights of the parent have been terminated with respect 21 to another child because of child abuse or neglect, the parent has not remedied the 22 conditions or conduct that led to the termination of parental rights, and the parent has 23 demonstrated an inability to protect the child from substantial harm or the risk of 24 substantial harm; 25 (9) the child has been removed from the child's home on at least two 26 previous occasions, family support services were offered or provided to the parent or 27 guardian at those times, and the parent or guardian has demonstrated an inability to 28 protect the child from substantial harm or the risk of substantial harm; or 29 (10) the parent or guardian is incarcerated and is unavailable to care for 30 the child during a significant period of the child's minority, considering the child's age 31 and need for care by an adult.
01 (d) If the court orders the department to make reasonable efforts to provide 02 family support services, the court shall also order the parent or guardian of the child 03 to make reasonable efforts to participate in the family support services that are offered 04 by the department or referred to the parent or guardian by the department. If a parent 05 or guardian fails to participate or to attempt to participate in the services for 12 months, 06 the department may seek a court order extinguishing the department's responsibility to 07 offer or refer family support services to the parent or guardian. The department must 08 request the court for the new order within 90 day after the date that the parent or 09 guardian failed to participate in family support services and must accompany the 10 request with a petition for the termination of parental rights if the nonparticipating 11 person was a parent and with a new plan for permanent placement of the child. The 12 court shall grant the department's request under this subsection for an order 13 extinguishing the department's responsibility to offer family support services to a parent 14 or guardian if the court finds that it is no longer reasonable to require the department 15 to offer family support services to the parent or guardian; failure of the parent or 16 guardian to participate in family support services offered by the department for 12 17 months constitutes prima facie evidence that it is no longer reasonable to require the 18 department to offer family support services to the parent or guardian. 19 (e) If the court determines under (b) or (c) of this section that reasonable efforts 20 under (a) of this section are not required to be provided, 21 (1) the court shall hold a permanency hearing for the child within 30 22 days after the determination; and 23 (2) the department shall make reasonable efforts to place the child in 24 a timely manner in accordance with the permanency plan, and complete whatever steps 25 are necessary to finalize the permanent placement of the child. 26 (f) The department may develop and implement an alternative permanency plan 27 for the child while the department is also making reasonable efforts to return the child 28 to the child's family under (a) of this section. 29 (g) In making determinations and reasonable efforts under this section, the 30 primary consideration is the child's best interests. 31 Sec. 47.10.088. Termination of parental rights and responsibilities. (a)
01 Except as provided in AS 47.10.080(o), the rights and responsibilities of the parent 02 regarding the child may be terminated for purposes of freeing a child for adoption or 03 other permanent placement if the court finds 04 (1) by clear and convincing evidence that 05 (A) the child has been subjected to conduct or conditions 06 described in AS 47.10.011; and 07 (B) the parent 08 (i) has not remedied the conduct or conditions in the 09 home that place the child at substantial risk of harm; or 10 (ii) has failed, within a reasonable time, to remedy the 11 conduct or conditions in the home that place the child in substantial risk 12 so that returning the child to the parent would place the child at 13 substantial risk of significant physical harm or sexual abuse; and 14 (2) by preponderance of the evidence that the department has complied 15 with the provisions of AS 47.10.086 concerning reasonable efforts. 16 (b) In making a determination under (a)(1)(B) of this section, the court may 17 consider any fact relating to the best interests of the child, including 18 (1) the likelihood of returning the child to the parent within a reasonable 19 time based on the child's age or needs; 20 (2) the amount of effort by the parent to remedy the conduct or the 21 conditions in the home; 22 (3) the harm caused to the child; 23 (4) the likelihood that the harmful conduct will continue; and 24 (5) the history of conduct by or conditions created by the parent. 25 (c) In a proceeding under this chapter involving termination of the parental 26 right of a parent, the court shall consider the best interests of the child. 27 (d) Except as provided in (e) of this section, the department shall petition for 28 termination of a parent's rights to a child, without making further reasonable efforts, 29 when a child is under the jurisdiction of the court under AS 47.10.010 and 47.10.011, 30 and 31 (1) the child has been in foster care for at least 15 of the most recent
01 22 months; 02 (2) the court has determined that the child is abandoned under 03 AS 47.10.013 and the child is younger than six years of age; 04 (3) the court has made a finding under AS 47.10.086(b) or a 05 determination under AS 47.10.086(c) that the best interests of the child do not require 06 further reasonable efforts by the department; 07 (4) a parent has made three or more attempts within a 15-month period 08 to remedy the parent's conduct or conditions in the home without lasting change; or 09 (5) a parent has made no effort to remedy the parent's conduct or the 10 conditions in the home by the time of the permanency hearing under AS 47.10.080(l). 11 (e) If one or more of the conditions listed in (d) of this section are present, the 12 department shall petition for termination of the parental rights to a child unless the 13 department 14 (1) has documented a compelling reason for determining that filing the 15 petition would not be in the best interests of the child; a compelling reason under this 16 paragraph may include care by a relative for the child; or 17 (2) is required to make reasonable efforts under AS 47.10.086 and the 18 department has not provided to the parent, consistent with the time period in the 19 department's case plan, the family support services that the department has determined 20 are necessary for the safe return of the child to the home. 21 (f) A child is considered to have entered foster care under this chapter on the 22 earlier of 23 (1) the date of the first judicial finding of child abuse or neglect; or 24 (2) 60 days after the date of removal of the child from the child's home 25 under this chapter. 26 (g) This section does not preclude the department from filing a petition to 27 terminate the parental rights and responsibilities to a child for other reasons, or at an 28 earlier time than those specified in (d) of this section, if the department determines that 29 filing a petition is in the best interests of the child. 30 (h) The court may order the termination of parental rights and responsibilities 31 of one or both parents under AS 47.10.080(c)(3) and commit the child to the custody
01 of the department. The rights of one parent may be terminated without affecting the 02 rights of the other parent. 03 (i) The department shall concurrently identify, recruit, process, and approve a 04 qualified person or family for an adoption whenever a petition to terminate a parent's 05 rights to a child is filed. If the court issues an order to terminate under (j) of this 06 section, the department shall report within 30 days on the efforts being made to recruit 07 a permanent placement for the child if a permanent placement was not approved at the 08 time of the trial under (j) of this section. The report must document recruitment efforts 09 made for the child. 10 (j) No later than six months after the date on which the petition to terminate 11 parental rights is filed, the court before which the petition is pending shall hold a trial 12 on the petition unless the court finds that good cause is shown for a continuance. 13 When determining whether to grant a continuance for good cause, the court shall take 14 into consideration the age of the child and the potential adverse effect that the delay 15 may have on the child. The court shall make written findings when granting a 16 continuance. 17 (k) The court shall issue an order on the petition to terminate within 90 days 18 after the last day of the trial on the petition to terminate parental rights. 19 * Sec. 48. AS 47.10.092(a) is amended to read: 20 (a) Notwithstanding AS 47.10.090 and 47.10.093, a parent or legal guardian of 21 a child [MINOR] subject to a proceeding under AS 47.10.005 - 47.10.142 22 [AS 47.10.010 - 47.10.142] may disclose confidential or privileged information about 23 the child or the child's family [MINOR], including information that has been lawfully 24 obtained from agency or court files, to the governor, the lieutenant governor, a 25 legislator, the ombudsman appointed under AS 24.55, the attorney general, and the 26 commissioners of health and social services, administration, or public safety, or an 27 employee of these persons, for review or use in their official capacities. The 28 department shall [MAY] disclose additional confidential or privileged information and 29 make copies of documents available for inspection [DOCUMENTS] about the child 30 or the child's family [MINOR] to these state officials or employees for review or use 31 in their official capacities upon request of the official or employee and submission
01 of satisfactory evidence that a parent or legal guardian of the child has requested 02 the state official's assistance in the case as part of the official's duties . A person 03 to whom disclosure is made under this section may not disclose confidential or 04 privileged information about the child or the child's family [MINOR] to a person not 05 authorized to receive it. 06 * Sec. 49. AS 47.10.093(b) is amended to read: 07 (b) A state or municipal agency or employee shall [MAY] disclose 08 appropriate information regarding a case to 09 (1) a guardian ad litem appointed by the court or to a citizen review 10 board or local review panel for permanency planning authorized by AS 47.14.200 or 11 47.14.220; 12 (2) a person or an agency requested by the department or the child's 13 legal custodian to provide consultation or services for a child [MINOR] who is subject 14 to the jurisdiction of the court under AS 47.10.010 as necessary to enable the 15 provision of the consultation or services ; 16 (3) foster parents or relatives with whom the child is placed by the 17 department as may be necessary to enable the foster parents or relatives to 18 provide appropriate care for the child who is the subject of the case, to protect the 19 safety of the child who is the subject of the case, and to protect the safety and 20 property of family members and visitors of the foster parents or relatives; 21 (4) school officials as may be necessary to enable the school to provide 22 appropriate counseling and support services to the child [MINOR] who is the subject 23 of the case, to protect the safety of the child [MINOR] who is the subject of the case, 24 and to protect the safety of school students and staff; 25 (5) [(4)] a governmental agency as may be necessary to obtain that 26 agency's assistance for the department in its investigation or to obtain physical custody 27 of a child; 28 (6) [AND (5)] a [STATE OR MUNICIPAL] law enforcement agency 29 of this state or another jurisdiction as may be necessary for the protection of any 30 child [A SPECIFIC INVESTIGATION BEING CONDUCTED BY THAT AGENCY] 31 or for actions [DISCLOSURES] by that agency to protect the public safety ;
01 (7) members of a multidisciplinary child protection team created 02 under AS 47.14.300 as may be necessary for the performance of their duties; 03 (8) the state medical examiner under AS 12.65 as may be necessary 04 for the performance of the duties of the state medical examiner; 05 (9) a person who has made a report of harm as required by 06 AS 47.17.020 to inform the person that the investigation was completed and of 07 action taken to protect the child who was the subject of the report; and 08 (10) the child support enforcement agency established in 09 AS 25.27.010 as may be necessary to establish and collect child support for a child 10 who is a child in need of aid under this chapter . 11 * Sec. 50. AS 47.10.141(f) is amended to read: 12 (f) If a child [MINOR], without permission, leaves the semi-secure portion of 13 an office, program, shelter, or facility to which the child [MINOR] was taken by a 14 peace officer under (b)(1)(C) [(b)(1)(c)] of this section, the office, program, shelter, or 15 facility shall immediately notify the department and the nearest law enforcement agency 16 of the identity of the child [MINOR] and the child's [MINOR'S] absence. If the same 17 child [MINOR] is again taken into protective custody under (b) of this section and the 18 peace officer knows that the child [MINOR] has previously been reported under this 19 subsection as missing from a semi-secure placement, the peace officer, in addition to 20 taking the appropriate action under (b) of this section, shall report the circumstances 21 and the identity of the child [MINOR] to the department. Within 48 hours after 22 receiving this report, the department shall determine whether to file a petition alleging 23 that the child [MINOR] is a child in need of aid under AS 47.10.011 24 [AS 47.10.010(a)(1)]. If the department decides not to file a petition alleging that the 25 child [MINOR] is a child in need of aid, the department shall, within seven state 26 working days after receiving the report from the peace officer under this subsection, 27 send to the child's [MINOR'S] parents or guardian, as applicable, written notice of its 28 determination not to proceed with the petition, including the reasons on which the 29 determination was based. If the department is unable to obtain a reasonably reliable 30 address for a parent or guardian, the department shall keep a copy of the notice on file 31 and, notwithstanding AS 47.10.093, release the notice to the child's [MINOR'S] parent
01 or guardian on request of the parent or guardian. If the department files a petition 02 alleging that the child [MINOR] is a child in need of aid, the court shall proceed under 03 AS 47.10.142(d). 04 * Sec. 51. AS 47.10.141(g) is amended to read: 05 (g) If the department files a petition alleging the child [MINOR] is a child in 06 need of aid under AS 47.10.011 [AS 47.10.010(a)(1)] because the child [MINOR] is 07 habitually absent from home or refuses available care, the child's [MINOR'S] parent 08 or guardian shall attend each hearing held during the child-in-need-of-aid proceedings 09 unless the court excuses the parent or guardian from attendance for good cause. If the 10 child [MINOR] is found to be a child in need of aid, the court may order that the 11 child's [MINOR'S] parent or guardian 12 (1) personally participate in treatment reasonably available in the parent 13 or guardian's community as specified in a plan set out in the court order; and 14 (2) comply with other conditions set out in the court order. 15 * Sec. 52. AS 47.10.142(a) is amended to read: 16 (a) The Department of Health and Social Services may take emergency custody 17 of a child [MINOR] upon discovering any of the following circumstances: 18 (1) the child [MINOR] has been abandoned as abandonment is 19 described in AS 47.10.013 ; 20 (2) the child [MINOR] has been [GROSSLY] neglected by the child's 21 [MINOR'S] parents or guardian, as "neglect" is described [DEFINED] in AS 47.10.014 22 [AS 47.17.290], and the department determines that immediate removal from the child's 23 [MINOR'S] surroundings is necessary to protect the child's [MINOR'S] life or provide 24 immediate necessary medical attention; 25 (3) the child [MINOR] has been subjected to physical harm [CHILD 26 ABUSE OR NEGLECT] by a person responsible for the child's [MINOR'S] welfare, 27 [AS "CHILD ABUSE OR NEGLECT" IS DEFINED IN AS 47.17.290,] and the 28 department determines that immediate removal from the child's [MINOR'S] 29 surroundings is necessary to protect the child's [MINOR'S] life or that immediate 30 medical attention is necessary; or 31 (4) the child or a sibling [MINOR] has been sexually abused under
01 circumstances listed in AS 47.10.011(7) [AS 47.10.010(a)(4)]. 02 * Sec. 53. AS 47.10.142(c) is amended to read: 03 (c) When a child is taken into custody under (a) or (b) of this section or when 04 the department is notified of a child's presence in either a program for runaway 05 children [MINORS] under AS 47.10.300 - 47.10.390 or a shelter for runaway children 06 [MINORS] under AS 47.10.392 - 47.10.399, the department shall immediately, and in 07 no event more than 24 [12] hours later unless prevented by lack of communication 08 facilities, notify the parents or the person or persons having custody of the child. If the 09 department determines that continued custody is necessary to protect the child, the 10 department shall notify the court of the emergency custody by filing, within 24 [12] 11 hours after custody was assumed, a petition alleging that the child is a child in need of 12 aid. If the department releases the child within 24 [12] hours after taking the child into 13 custody and does not file a child in need of aid petition , the department shall, within 14 24 [12] hours after releasing the child, file with the court a report explaining why the 15 child was taken into custody , why the child was released, and to whom the child was 16 released . 17 * Sec. 54. AS 47.10.142(h) is amended to read: 18 (h) Within 12 [18] months after a child [MINOR] is committed to the 19 department under this section, the court shall review the placement plan and actual 20 placement of the child [MINOR] under AS 47.10.080(l). 21 * Sec. 55. AS 47.10 is amended by adding a new section to read: 22 Sec. 47.10.960. Duty and standard of care not created. Nothing in this title 23 creates a duty or standard of care for services to children and their families being 24 served under AS 47.10. 25 * Sec. 56. AS 47.10.990(1) is amended to read: 26 (1) "care" [OR "CARING" UNDER AS 47.10.010(a)(1) AND 27 47.10.120(a)] means to provide for the physical, [EMOTIONAL,] mental, and social 28 needs of the child; 29 * Sec. 57. AS 47.10.990(2) is amended to read: 30 (2) "child in need of aid" means a child [MINOR] found to be within the 31 jurisdiction of the court under AS 47.10.010 and 47.10.011 [AS 47.10.010(a)];
01 * Sec. 58. AS 47.10.990 is amended by adding new paragraphs to read: 02 (8) "child" means a person under 18 years of age and a person 19 years 03 of age if that person was under 18 years of age at the time that a proceeding under this 04 chapter was commenced; 05 (9) "custodian" means a natural person 18 years of age or older to 06 whom a parent or guardian has transferred temporary physical care, custody, and 07 control of the child for a period of time; 08 (10) "domestic violence" has the meaning given in AS 18.66.990; 09 (11) "family support services" means the services and activities provided 10 to children and their families, including those provided by the community, a church, 11 or other service organization, both to prevent removal of a child from the parental home 12 and to facilitate the child's safe return to the family; "family support services" may 13 include counseling, substance abuse treatment, mental health services, assistance to 14 address domestic violence, visitation with family members, parenting classes, in-home 15 services, temporary child care services, and transportation; 16 (12) "foster care" means care provided by a person or household under 17 a foster home license required under AS 47.35.015; 18 (13) "guardian" means a natural person who is legally appointed 19 guardian of the child by the court; 20 (14) "hazardous volatile material or substances" has the meaning given 21 in AS 47.37.270; 22 (15) "intoxicant" means a substance that temporarily diminishes a 23 person's control over mental or physical powers, including alcohol, controlled 24 substances under AS 11.71, and a hazardous volatile material or substance misused by 25 inhaling its vapors; 26 (16) "mental injury" has the meaning given in AS 47.17.290; 27 (17) "parent" means the biological or adoptive parent of the child; 28 (18) "permanency hearing" means a hearing 29 (A) designed to reach a decision in a case concerning the 30 permanent placement of a child under AS 47.10; and 31 (B) at which the direction of the case involving the child is
01 determined; 02 (19) "reasonable efforts" means, with respect to family support services 03 required under AS 47.10.086, consistent attempts made during a reasonable time period 04 and time-limited services; 05 (20) "reasonable time" means a period of time that serves the best 06 interests of the child, taking in account the affected child's age, emotional and 07 developmental needs, and ability to form and maintain lasting attachments; 08 (21) "serious physical injury" has the meaning given in 09 AS 11.81.900(b); 10 (22) "sexual abuse" means the conduct described in AS 11.41.410 - 11 11.41.460; conduct constituting "sexual exploitation" as defined in AS 47.17.290, and 12 conduct prohibited by AS 11.66.100 - 11.66.150; 13 (23) "support" has the meaning given in AS 11.51.120(b). 14 * Sec. 59. AS 47.12.310(b) is amended to read: 15 (b) A state or municipal agency or employee shall [MAY] disclose 16 appropriate information regarding a case to 17 (1) a guardian ad litem appointed by the court or to a citizen review 18 board or local review panel for permanency planning authorized by AS 47.14.200 - 19 47.14.220; 20 (2) a person or an agency requested by the department or the minor's 21 legal custodian to provide consultation or services for a minor who is subject to the 22 jurisdiction of the court under this chapter as necessary to enable the provision of the 23 consultation or services ; 24 (3) school officials as may be necessary to protect the safety of the 25 minor who is the subject of the case and the safety of school students and staff or to 26 enable the school to provide appropriate counseling and supportive services to meet the 27 needs of a minor about whom information is disclosed; 28 (4) a governmental agency as may be necessary to obtain that agency's 29 assistance for the department in its investigation or to obtain physical custody of a 30 minor; 31 (5) a [STATE OR MUNICIPAL] law enforcement agency of this state
01 or another jurisdiction as may be necessary for the protection, rehabilitation, or 02 supervision of any minor [A SPECIFIC INVESTIGATION BEING CONDUCTED 03 BY THAT AGENCY] or for actions [DISCLOSURES] by that agency to protect the 04 public safety; [AND] 05 (6) a victim as may be necessary to inform the victim about the 06 disposition or resolution of a case involving a minor ; 07 (7) the state medical examiner under AS 12.65 as may be necessary 08 to perform the duties of the state medical examiner; and 09 (8) foster parents or relatives with whom the child is placed by the 10 department as may be necessary to enable the foster parents or relatives to 11 provide appropriate care for the child who is the subject of the case, to protect the 12 safety of the child who is the subject of the case, and to protect the safety and 13 property of family members and visitors of the foster parents or relatives . 14 * Sec. 60. AS 47.14.100(a) is amended to read: 15 (a) Subject to (e), (f), and (i) [(e) AND (f)] of this section, the department shall 16 arrange for the care of every child committed to its custody by placing the child in a 17 foster home or in the care of an agency or institution providing care for children inside 18 or outside the state. The department may place a child in a suitable family home, with 19 or without compensation, and may place a child released to it, in writing verified by 20 the parent, or guardian or other person having legal custody, for adoptive purposes, in 21 a home for adoption in accordance with existing law. 22 * Sec. 61. AS 47.14.100(d) is amended to read: 23 (d) In addition to money paid for the maintenance of foster children under (b) 24 of this section, the department 25 (1) shall pay the costs of caring for physically or mentally handicapped 26 foster children, including the additional costs of medical care, habilitative and 27 rehabilitative treatment, services and equipment, special clothing, and the indirect costs 28 of medical care, including child care and transportation expenses; 29 (2) may pay for respite care; in this paragraph, "respite care" means 30 child care for the purpose of providing 31 [(A)] temporary relief from the stresses of caring for a foster
01 child [WHO HAS A PHYSICAL OR MENTAL DISABILITY OR A 02 PHYSICAL OR MENTAL IMPAIRMENT; IN THIS SUBPARAGRAPH, 03 (i) "PHYSICAL OR MENTAL DISABILITY" HAS THE 04 MEANING GIVEN IN AS 18.80.300(12)(A), (B), AND (D); AND 05 (ii) "PHYSICAL OR MENTAL IMPAIRMENT" HAS 06 THE MEANING GIVEN IN AS 18.80.300; AND 07 (B) PROTECTION FOR THE CHILD WHEN THE FOSTER 08 PARENT IS 09 (i) AWAY FROM THE HOME BECAUSE OF AN 10 EMERGENCY AND OTHER CARE IS NOT AVAILABLE FOR THE 11 CHILD; OR 12 (ii) ON VACATION AND THE CHILD, BECAUSE OF 13 AGE OR INFIRMITY, CANNOT BE PLACED IN ANY OTHER TYPE 14 OF TEMPORARY CARE FACILITY]; and 15 (3) may pay a subsidized guardianship payment under AS 25.23.210 16 when a foster child's foster parents or other persons approved by the department 17 become court-appointed legal guardians of the child. 18 * Sec. 62. AS 47.14.100(e) is amended to read: 19 (e) A child may not be placed in a foster home or in the care of an agency or 20 institution providing care for children if a [BLOOD] relative by blood or marriage 21 [EXISTS WHO] requests placement [CUSTODY] of the child in the relative's home . 22 However, the department may retain custody of the child and provide for its placement 23 in the same manner as for other children if the department 24 (1) [IT] makes a determination, supported by clear and convincing 25 evidence, that placement [THE CUSTODY] of the child with [BY] the [BLOOD] 26 relative will result in physical or mental injury; in [EMOTIONAL DAMAGE. IN] 27 making that determination, poverty, including inadequate or crowded housing, on the 28 part of the blood relative, is not considered prima facie evidence that physical or 29 emotional damage to the child will occur ; this [. THIS] determination may be appealed 30 to the superior court to hear the matter de novo ; 31 (2) determines that there is a member of the relative's household
01 who is 16 years of age or older who has a criminal record or was the perpetrator 02 in a substantiated report of abuse under AS 47.17; for the purpose of obtaining 03 criminal justice information under this paragraph, the department is a criminal 04 justice agency conducting a criminal justice activity under AS 12.62; or 05 (3) disqualifies the relative's home based on the results of a criminal 06 background check from criminal justice information available under AS 12.62; the 07 department shall conduct a criminal background check of available criminal 08 justice information received under AS 12.62; the department may conduct a 09 fingerprint background check of a relative who requests placement of the child; 10 the department may not place a child with a relative who does not meet the 11 standards required for placement in foster care as described in AS 47.35.022(a) 12 and (b); for the purpose of obtaining criminal justice information under this 13 paragraph, the department is a criminal justice agency conducting a criminal 14 justice activity under AS 12.62 . 15 * Sec. 63. AS 47.14.100 is amended by adding a new subsection to read: 16 (i) A child may not be placed with an out-of-home care provider, as defined 17 in AS 47.14.299, if the department determines that the child can remain safely at home 18 with one parent or guardian. 19 * Sec. 64. AS 47.14.240(d) is amended to read: 20 (d) In reviewing a case, the local review panel shall consider the case plan and 21 any progress report of the department or the child's guardian ad litem, court records, 22 and other relevant information about the child and the child's family. The local review 23 panel shall provide to the following persons an opportunity to be interviewed by the 24 local review panel in person or by telephone or to provide written material to the local 25 review panel: 26 (1) the child whose case is being reviewed if the child is 10 years of age 27 or older; 28 (2) the parents, custodians, or other relatives of the child; 29 (3) the child's out-of-home care provider; 30 (4) the child's guardian; 31 (5) the child's guardian ad litem;
01 (6) the case worker or social worker assigned to the case; 02 (7) the child's health care providers; 03 (8) if the case is governed by 25 U.S.C. 1901 - 1963 (Indian Child 04 Welfare Act), 05 (A) the child's Indian custodian; and 06 (B) the designated representative of the child's Indian tribe if the 07 tribe has intervened in the court case; and 08 (9) [(8)] other persons with a close personal knowledge of the case. 09 * Sec. 65. AS 47.14.240(h) is amended to read: 10 (h) The report required under (g) of this section must make advisory 11 recommendations based on the best interests of the child in accordance with 12 AS 47.10.082 and must include notification of the right to request court review under 13 AS 47.10.080(f). If the court has scheduled the case for review, the local review panel 14 shall submit its report at least 20 days before the hearing , and the department shall 15 present to the court the recommendations that are made in the report . 16 * Sec. 66. AS 47.14 is amended by adding a new section to read: 17 Article 3A. Multidisciplinary Child Protection Teams. 18 Sec. 47.14.300. Multidisciplinary child protection teams. (a) The 19 department shall create multidisciplinary child protection teams to assist in the 20 evaluation and investigation of reports made under AS 47.17 and to provide 21 consultation and coordination for agencies involved in child protection cases under 22 AS 47.10. 23 (b) If a team is created under (a) of this section, the team may invite other 24 persons to serve on the team who have knowledge of and experience in child abuse and 25 neglect matters. These persons may include 26 (1) mental and physical health practitioners licensed under AS 08; 27 (2) child development specialists; 28 (3) educators; 29 (4) peace officers as defined in AS 11.81.900; 30 (5) victim counselors as defined in AS 18.66.250; 31 (6) experts in the assessment and treatment of substance abuse;
01 (7) representatives of the district attorney's office and the attorney 02 general's office; 03 (8) persons familiar with 25 U.S.C. 1901 - 1963 (Indian Child Welfare 04 Act); 05 (9) guardians ad litem; and 06 (10) staff members of a child advocacy center if a center is located in 07 the relevant area. 08 (c) A team created under (a) and (b) of this section shall review records on a 09 case referred to the team by the department. The department shall make available to 10 the team its records on the case and other records compiled for planning on the case 11 by other agencies at the request of the department. The team may make 12 recommendations to the department on appropriate planning for the case. 13 (d) Except for a public report issued by a team that does not contain 14 confidential information, records or other information collected by the team or a 15 member of the team related to duties under this section are confidential and not subject 16 to public disclosure under AS 09.25.100 and 09.25.110. 17 (e) Meetings of a team are closed to the public and are not subject to the 18 provisions of AS 44.62.310 and 44.62.312. 19 (f) The determinations, conclusions, and recommendations of a team or its 20 members are not admissible in a civil or criminal proceeding. A member may not be 21 compelled to disclose a determination, conclusion, recommendation, discussion, or 22 thought process through discovery or testimony in a civil or criminal proceeding. 23 Records and information collected by the team are not subject to discovery or subpoena 24 in connection with a civil or criminal proceeding. 25 (g) Notwithstanding (f) of this section, an employee of the department may 26 testify in a civil or criminal proceeding concerning cases reviewed by a team even 27 though the department's records were reviewed by a team and formed the basis of that 28 employee's testimony and the team's report. 29 (h) A person who serves on a multidisciplinary child protection team is not 30 liable for damage or other relief in an action brought by the reason of the performance 31 of a duty, a function, or an activity of the team.
01 (i) In this section, "team" means a multidisciplinary child protection team 02 created under (a) and (b) of this section. 03 * Sec. 67. AS 47.14.990(2) is amended to read: 04 (2) "child in need of aid" means a child [MINOR] found to be within 05 the jurisdiction of the court under AS 47.10.010 and 47.10.011 [AS 47.10.010(a)]; 06 * Sec. 68. AS 47.17.020(a) is amended to read: 07 (a) The following persons who, in the performance of their occupational duties, 08 or with respect to (9) of this subsection, in the performance of their appointed 09 duties, have reasonable cause to suspect that a child has suffered harm as a result of 10 child abuse or neglect shall immediately report the harm to the nearest office of the 11 department: 12 (1) practitioners of the healing arts; 13 (2) school teachers and school administrative staff members of public 14 and private schools; 15 (3) social workers; 16 (4) peace officers [,] and officers of the Department of Corrections; 17 (5) administrative officers of institutions; 18 (6) child care providers; 19 (7) paid employees of domestic violence and sexual assault programs, 20 and crisis intervention and prevention programs as defined in AS 18.66.990; 21 (8) paid employees of an organization that provides counseling or 22 treatment to individuals seeking to control their use of drugs or alcohol ; 23 (9) members of a child fatality review team established under 24 AS 12.65.015(e) or 12.65.120 or the multidisciplinary child protection team created 25 under AS 47.14.300 . 26 * Sec. 69. AS 47.17.020 is amended by adding new subsections to read: 27 (h) This section does not require a person required to report child abuse or 28 neglect under (a)(7) of this section to report mental injury to a child as a result of 29 exposure to domestic violence so long as the person has reasonable cause to believe 30 that the child is in safe and appropriate care and not presently in danger of mental 31 injury as a result of exposure to domestic violence.
01 (i) This section does not require a person required to report child abuse or 02 neglect under (a)(8) of this section to report the resumption of use of an intoxicant as 03 described in AS 47.10.011(10) so long as the person does not have reasonable cause 04 to suspect that a child has suffered harm as a result of the resumption. 05 * Sec. 70. AS 47.17.030(d) is amended to read: 06 (d) Before the department or a local government health or social services 07 agency may seek the termination of parental rights under AS 47.10 08 [AS 47.10.080(c)(3)], it shall offer protective social services and pursue all other 09 reasonable means of protecting the child. 10 * Sec. 71. AS 47.17 is amended by adding a new section to read: 11 Sec. 47.17.033. Investigations. (a) In investigating child abuse and neglect 12 reports under this chapter, the department may make necessary inquiries about the 13 criminal records of the parents or of the alleged abusive or neglectful person, including 14 inquiries about the existence of a criminal history record involving a serious offense as 15 defined in AS 12.62.900. 16 (b) For purposes of obtaining access to information needed to conduct the 17 inquiries required by (a) of this section, the department is a criminal justice agency 18 conducting a criminal justice activity. 19 * Sec. 72. AS 47.17.035(b) is amended to read: 20 (b) If the department determines in an investigation of abuse or neglect of a 21 child that 22 (1) the child is in danger because of domestic violence or that the child 23 needs protection as a result of the presence of domestic violence in the family, the 24 department shall take appropriate steps for the protection of the child; in this 25 paragraph, "appropriate steps" includes 26 (A) reasonable efforts to protect the child and prevent the 27 removal of the child from the parent or guardian who is not a domestic 28 violence offender; 29 (B) reasonable efforts to remove the alleged domestic violence 30 offender from the child's residence if it is determined that the child or 31 another family or household member is in danger of domestic violence; and
01 (C) services to help protect the child from being placed or 02 having unsupervised visitation with the domestic violence offender until the 03 department determines that the offender has met conditions considered 04 necessary by the department to protect the safety of the domestic violence 05 victim and household members; 06 (2) a person is the victim of domestic violence, the department shall 07 provide the victim with a written notice of the rights of and services available to 08 victims of domestic violence that is substantially similar to the notice provided to 09 victims of domestic violence under AS 18.65.520. 10 * Sec. 73. AS 47.17.290(8) is amended to read: 11 (8) "maltreatment" means an act or omission that results in 12 circumstances in which there is reasonable cause to suspect that a child may be a child 13 in need of aid, as described in AS 47.10.011 [AS 47.10.010(a)], except that, for 14 purposes of this chapter, the act or omission need not have been committed by the 15 child's parent, custodian, or guardian; 16 * Sec. 74. AS 47.35.017(b) is amended to read: 17 (b) An application submitted under this section must contain at least the 18 following information: 19 (1) the name and address of the applicant [,] and , if the applicant is an 20 agency, corporation, partnership, association, or any other form of organization, the 21 name, address, and title of each individual [ALL INDIVIDUALS] who has [HAVE] 22 an ownership or management interest in the facility; if the applicant is an individual, 23 the application must include the name, age, and driver's license number, if any, 24 of each member of the individual's household; 25 (2) the name, physical location, and mailing address of the facility or 26 agency for which the license is sought; 27 (3) the name and address of the administrator of the facility or agency, 28 if any; 29 (4) evidence that the administrator or foster parent is an adult with 30 sufficient experience, training, or education to fulfill the duties of an administrator or 31 foster parent;
01 (5) a release for the administrator or foster parent and for each other 02 person who is 16 years of age or older , as specified by the department by regulation, 03 who will have contact with individuals served by the facility or agency, authorizing the 04 department to review all federal, state, and municipal criminal justice information, 05 whether of this state, of a municipality of this state, or of another jurisdiction 06 [LAW ENFORCEMENT], medical records , licensing records , and protective services 07 records, identified in regulations adopted under this chapter, that are relevant to the 08 person who is the subject of the release and to the type of license for which the 09 application has been submitted; 10 (6) two sets of fingerprints and the social security number of each 11 person required to provide a release under (5) of this subsection in order for the 12 department to submit the fingerprints to the Department of Public Safety for the 13 purpose of conducting state and national criminal background checks from 14 criminal justice information received under AS 12.62 and regulations adopted 15 under AS 12.62; the department may not approve an application under this section 16 until the results of the criminal background check have been submitted to the 17 department; 18 (7) for a facility, the number of individuals that will be served in the 19 facility; 20 (8) [(7)] the type of facility or agency for which the license is sought; 21 (9) [(8)] copies of all inspection reports and approvals required by state 22 fire prevention and environmental health and safety authorities for operation of the 23 facility or agency, including any variances granted by these authorities; 24 (10) [(9)] a plan of operation, as required by the department by 25 regulation; 26 (11) [(10)] a staffing plan that describes the number of people who will 27 work at the facility or agency, staff qualifications, a description of each person's 28 responsibilities, and, for a facility other than a maternity home, a supervision schedule 29 for the children in care that meets the requirements established by the department by 30 regulation; 31 (12) evidence that the applicant is capable of meeting the minimum
01 standards of care established by the department under AS 47.14.120; 02 (13) [(11)] evidence that the applicant has completed orientation or 03 training required by the department, by regulation, for holders of the type of license for 04 which the application was submitted; and 05 (14) [(12)] other information required by the department, by regulation, 06 in order to monitor compliance with this chapter and regulations adopted under this 07 chapter. 08 * Sec. 75. AS 47.35 is amended by adding a new section to read: 09 Sec. 47.35.022. Foster care placement. (a) Except as provided in (b) of this 10 section, the department may not place or continue placement of a child for care for 11 payment under AS 47.10 in a foster home that is licensed under this chapter if the 12 department finds that a person for whom fingerprints are required to be submitted for 13 licensure of the foster home is currently under arrest for, charged with, or has been 14 convicted of, or found not guilty by reason of insanity of, a serious offense. 15 (b) Notwithstanding (a) of this section, the department may place or continue 16 a placement for foster care if the applicant or licensee demonstrates to the satisfaction 17 of the department that the applicant, licensee, or other person committed the conduct 18 described in (a) of this section at least five years before the placement, and the conduct 19 (1) did not involve a victim who was under 18 years of age at the time 20 the conduct occurred; 21 (2) was not a crime of domestic violence as defined in AS 18.66.990; 22 and 23 (3) was not a violent crime under AS 11.41.100 - 11.41.455 or a law 24 or an ordinance of another jurisdiction having similar elements. 25 (c) The department shall develop procedures for rechecking criminal justice 26 information records for the information described in (a) of this section for persons who 27 are 16 years of age or older who are living in a licensed foster home with access to 28 children placed by the department. 29 * Sec. 76. AS 47.35.023(b) is repealed and reenacted to read: 30 (b) Notwithstanding (a) of this section, if an emergency exists and a child must 31 be immediately placed, the department or the department's designee may issue a
01 provisional foster home license on an emergency basis for a period of 90 days or less 02 if the department or the department's designee determines that the applicant meets 03 minimal requirements for emergency conditions and the applicant agrees in writing to 04 provide the fingerprint information described in AS 47.35.017(b) within 30 days of the 05 placement of a child in the foster home. The department may extend a provisional 06 foster home license issued under this subsection for one or two additional periods of 07 up to 90 days each in order to obtain the information from the national criminal 08 background check required under AS 47.35.017(b)(6). The department may not issue 09 a license under this subsection before checking state and national criminal justice 10 information available to the department under AS 12.62 and regulations adopted under 11 AS 12.62 about the administrator or foster parent and each person who is 16 years of 12 age or older in the foster home who will have contact with the child. If the department 13 cannot obtain direct access to the state and federal criminal justice information, the 14 department shall request the agency having primary law enforcement responsibility for 15 the geographic area in which the prospective foster home is located to obtain the 16 information and provide it to the department before the license is issued under this 17 section. If the criminal justice information readily available to the department shows 18 an offense which a person would be required to notify the department under 19 AS 47.35.047(b), the department may not issue the license under this subsection. If the 20 additional criminal justice information available from the fingerprint search or another 21 source after the license is issued reveals that the person has a record for one or more 22 of these offenses, the department shall immediately revoke the license and move the 23 child to an appropriate placement. For purposes of obtaining criminal justice 24 information under this subsection, the department is a criminal justice agency 25 conducting a criminal justice activity under AS 12.62. 26 * Sec. 77. AS 47.35.047(b) is amended to read: 27 (b) A licensee shall notify the department within 24 hours after having 28 knowledge of a conviction or indictment, presentment, or charging by information or 29 complaint of an administrator, foster parent, member of the licensee's household, regular 30 volunteer, or staff person for a violation of the following laws or the laws of another 31 jurisdiction with similar elements:
01 (1) offenses against the family and vulnerable adults under 02 AS 11.51; 03 (2) perjury under AS 11.56.200; 04 (3) offenses included in the definition of "serious offense" under 05 AS 12.62.900 [FELONY, FOR A MISDEMEANOR CRIME OF ASSAULT, 06 RECKLESS ENDANGERMENT, CONTRIBUTING TO THE DELINQUENCY OF A 07 MINOR, OR MISCONDUCT INVOLVING A CONTROLLED SUBSTANCE, FOR 08 THE CRIME OF PERJURY, AS DEFINED IN AS 11 OR THE LAWS OF ANOTHER 09 JURISDICTION, OR FOR A SEX CRIME AS DEFINED IN AS 12.62.035]. 10 * Sec. 78. AS 47.35.900 is amended by adding new paragraphs to read: 11 (20) "criminal justice information" has the meaning given in 12 AS 12.62.900; 13 (21) "domestic violence" has the meaning given in AS 18.66.990; 14 (22) "serious offense" has the meaning given in AS 12.62.900. 15 * Sec. 79. AS 47.10.080(k), and 47.10.990(7) are repealed. 16 * Sec. 80. COURT RULE CHANGE; EXPEDITED APPEALS. (a) AS 47.10.080(i), as 17 amended in sec. 41 of this Act, has the effect of amending Rule 218, Alaska Rules of 18 Appellate Procedure, by requiring that expedited appeals from a judgment or an order under 19 AS 47.10 be decided within a fixed timeframe. 20 (b) Section 41 of this Act takes effect only if this section receives the two-thirds 21 majority vote of each house required by art. IV, sec. 15, Constitution of the State of Alaska. 22 * Sec. 81. COURT RULE CHANGES; CINA RULES. (a) Many provisions enacted or 23 amended by secs. 30 - 58 of this Act have the effect of amending the Alaska Child in Need 24 of Aid Rules, including rules regarding notice, parties, hearings, filing of petitions or reports, 25 court review of orders, termination of parental rights, and duties of the Department of Health 26 and Social Services. 27 (b) Sections 30 - 58 of this Act take effect only if this section receives the two-thirds 28 majority vote of each house required by art. IV, sec. 15, Constitution of the State of Alaska. 29 * Sec. 82. APPLICABILITY. This Act applies to all new cases or proceedings filed with 30 the court on or after the effective date of this Act and to motions filed with the court on or 31 after the effective date of this Act in cases or proceedings pending before a court on the day
01 before the effective date of this Act. 02 * Sec. 83. This Act takes effect immediately under AS 01.10.070(c).