SB 73: "An Act relating to the citizen review board and panels for permanency planning for children in state foster care; extending the termination date of the Citizens' Foster Care Review Board; and providing for an effective date."
00SENATE BILL NO. 73 01 "An Act relating to the citizen review board and panels for permanency planning 02 for children in state foster care; extending the termination date of the Citizens' 03 Foster Care Review Board; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 44.66.010(17) is amended to read: 06 (17) Citizens' Foster Care Review Board [PANEL FOR 07 PERMANENCY PLANNING] under AS 47.14.200 - June 30, 2000 [1997]; 08 * Sec. 2. AS 47.10.080(m) is amended to read: 09 (m) Within 60 days after the date a child is removed from the child's home by 10 the department, the department shall notify the Citizens' Foster Care Review Board 11 [APPROPRIATE LOCAL CITIZEN OUT-OF-HOME CARE REVIEW PANEL] 12 established in AS 47.14.200 [UNDER AS 47.14.220]. 13 * Sec. 3. AS 47.10.080(n) is amended to read: 14 (n) Within 60 days after a court orders a child committed to the department
01 under (c) of this section and at a review under (f) or (l) of this section, the department 02 shall inform the parties about the local [CITIZEN OUT-OF-HOME CARE] review 03 panel established under AS 47.14.220. 04 * Sec. 4. AS 47.10.093(b) is amended to read: 05 (b) A state or municipal agency or employee may disclose information 06 regarding a case to 07 (1) a guardian ad litem appointed by the court or to a citizen review 08 board or local review panel for permanency planning authorized by AS 47.14.200 or 09 47.14.220; 10 (2) a person or an agency requested to provide consultation or services 11 for a minor who is subject to the jurisdiction of the court under AS 47.10.010; 12 (3) school officials as may be necessary to protect the safety of school 13 students and staff; 14 (4) a governmental agency as may be necessary to obtain that agency's 15 assistance for the department in its investigation or to obtain physical custody of a 16 child; and 17 (5) a state or municipal law enforcement agency as may be necessary 18 for a specific investigation being conducted by that agency or for disclosures by that 19 agency to protect the public safety. 20 * Sec. 5. AS 47.10.142(g) is amended to read: 21 (g) Within 60 days after a court orders a child committed to the department 22 under this section, the department shall inform the parties about the local [CITIZEN 23 OUT-OF-HOME CARE] review panel established under AS 47.14.220. 24 * Sec. 6. AS 47.12.120(h) is amended to read: 25 (h) Within 60 days after the date a minor is removed from the minor's home 26 by the department, the department shall notify the Citizens' Foster Care Review 27 Board [APPROPRIATE LOCAL CITIZEN OUT-OF-HOME CARE REVIEW 28 PANEL] established in AS 47.14.200 [UNDER AS 47.14.220]. 29 * Sec. 7. AS 47.12.310(b) is amended to read: 30 (b) A state or municipal agency or employee may disclose information 31 regarding a case to
01 (1) a guardian ad litem appointed by the court [OR TO A CITIZEN 02 REVIEW PANEL FOR PERMANENCY PLANNING AUTHORIZED BY 03 AS 47.14.200 - 47.14.220]; 04 (2) a person or an agency requested to provide consultation or services 05 for a minor who is subject to the jurisdiction of the court under this chapter; 06 (3) school officials as may be necessary to protect the safety of school 07 students and staff; 08 (4) a governmental agency as may be necessary to obtain that agency's 09 assistance for the department in its investigation or to obtain physical custody of a 10 minor; 11 (5) a state or municipal law enforcement agency as may be necessary 12 for a specific investigation being conducted by that agency or for disclosures by that 13 agency to protect the public safety; and 14 (6) a victim as may be necessary to inform the victim about the 15 disposition or resolution of a case involving a minor. 16 * Sec. 8. AS 47.14.200(a) is repealed and reenacted to read: 17 (a) There is created in the Department of Administration the Citizens' Foster 18 Care Review Board. The board consists of five public members appointed by the 19 governor from among persons interested and knowledgeable about permanency needs 20 of children in state foster care. The governor may not appoint a person who has 21 committed a felony or violated AS 11.51.130 or a law with substantially similar 22 elements. The board also includes the following state officials or their designees: 23 (1) the commissioner of health and social services; 24 (2) the director of the office of public advocacy; 25 (3) the attorney general; 26 (4) the public defender appointed under AS 18.85.030. 27 * Sec. 9. AS 47.14.200(b) is amended to read: 28 (b) Public [APPOINTED] members of the board [STATE PANEL] serve at 29 the pleasure of the governor for staggered terms of three years or until their successors 30 are appointed. These members may be reappointed to successive terms not to 31 exceed six consecutive years.
01 * Sec. 10. AS 47.14.200(c) is amended to read: 02 (c) The [VOTING] members of the board [STATE PANEL] shall elect from 03 among the public [VOTING] members a chair who shall serve for one year. Five 04 [THREE VOTING] members of the board [STATE PANEL] constitute a quorum for 05 the transaction of business if at least three of the public members are present. The 06 board [PANEL] may not take official action without the affirmative vote of at least 07 three of its members with at least two of the affirmative votes being made by 08 public members. 09 * Sec. 11. AS 47.14.200(d) is amended to read: 10 (d) Members of the board [STATE PANEL] are entitled to reimbursement for 11 actual expenses necessary to perform their duties as board [STATE PANEL] members. 12 The reimbursement may not exceed the amount of per diem and expenses authorized 13 for boards and commissions under AS 39.20.180. 14 * Sec. 12. AS 47.14.200(e) is amended to read: 15 (e) The board [STATE PANEL] shall meet at least twice annually. Meetings 16 may take place telephonically. 17 * Sec. 13. AS 47.14.200(f) is amended to read: 18 (f) The board [STATE PANEL] may employ an executive director [A 19 PROGRAM COORDINATOR] who shall serve at the pleasure of the board [STATE 20 PANEL]. The executive director [PROGRAM COORDINATOR] shall employ staff 21 as necessary to carry out the executive director's [PROGRAM COORDINATOR'S] 22 duties under board [STATE PANEL] directives and to provide technical [CLERICAL] 23 assistance to local review panels. The board may delegate duties to the executive 24 director as necessary to assist the board in administering AS 47.14.200 - 47.14.299. 25 * Sec. 14. AS 47.14.210 is amended to read: 26 Sec. 47.14.210. Powers and duties [DUTIES] of the board [STATE 27 PANEL]. The board [STATE PANEL] shall 28 (1) hold regular and special meetings the board considers necessary; 29 (2)[(1)] adopt regulations necessary [BY REGULATION ADOPT 30 POLICIES AND PROCEDURES] to carry out its duties and to govern the performance 31 of the duties of the local review panels established under AS 47.14.220;
01 (3)[(2)] ensure that the public members of local review panels 02 [PANEL MEMBERS] receive the [MINIMUM] level of training necessary to 03 effectively carry out their duties, document in the board's records that the public 04 members have completed the training, and ensure that a public member does not 05 review a case until training has been received; 06 (4)[(3)] coordinate and review the activities of the local review panels 07 [AND MAKE RECOMMENDATIONS TO THE GOVERNOR ON APPOINTMENTS 08 TO THE LOCAL PANELS]; 09 (5) apply for private and federal grants and solicit contributions, 10 gifts, and bequests, to administer and implement AS 47.14.200 - 47.14.299; 11 (6) award grants or contracts from available money to local 12 governmental or public or private non-profit agencies to carry out projects or 13 studies related to improving the system for permanency needs of children in state 14 foster care; 15 (7) use board staff, or award contracts, to evaluate applicants for 16 public members of local review panels and to provide training to local review 17 panel members; 18 (8)[(4)] prepare a report annually[, BY THE 10TH DAY OF EACH 19 REGULAR SESSION OF THE LEGISLATURE,] concerning the activities of the state 20 board and the local review panels during the previous fiscal year; the report must 21 include the number of cases reviewed by each local review panel, a description of the 22 characteristics of the children whose cases were reviewed by the local review panels, 23 the number of children reunited with their families, the number of children placed in 24 other permanent homes, and recommendations and justifications for program 25 improvement, including recommendations relating to state agencies and to the panel 26 review system; the report may contain other information on the experience of the local 27 review panels; the board [STATE PANEL] shall provide the governor and 28 [NOTIFY] the legislature with [THAT] the report [IS AVAILABLE]. 29 * Sec. 15. AS 47.14.220 is amended to read: 30 Sec. 47.14.220. Appointment of local review panels. (a) The board 31 [GOVERNOR] shall appoint for each judicial district [A LOCAL CITIZEN
01 OUT-OF-HOME CARE REVIEW PANEL COMPOSED OF] five to 10 persons 02 available to serve as public members on local review panels, [AND TWO 03 ALTERNATES] who are residents of the judicial district. Public members 04 [MEMBERS] shall serve staggered [THREE-YEAR] terms of three years or until 05 their successors are [EXCEPT THAT, WHEN A LOCAL PANEL IS INITIALLY] 06 appointed. Public members may be reappointed to successive terms not to exceed 07 six consecutive years[, TWO MEMBERS SHALL BE APPOINTED FOR 08 THREE-YEAR TERMS, TWO MEMBERS FOR TWO-YEAR TERMS, AND ONE 09 MEMBER FOR A ONE-YEAR TERM. ALTERNATES SHALL BE APPOINTED 10 TO THREE-YEAR TERMS]. 11 (b) The board [GOVERNOR] shall appoint as public members [TO A 12 LOCAL PANEL] persons who have training, experience, special knowledge, or a 13 demonstrated interest in the welfare of children. An out-of-home care provider or a 14 person employed by the court system, the department, the office of public advocacy, 15 the Public Defender Agency, or the Department of Law may not serve as a public 16 member [OR ALTERNATE MEMBER] of a local review panel. The board 17 [GOVERNOR] may not appoint a person who has committed a felony or violated 18 AS 11.51.130 or a law with substantially similar elements. 19 (c) A local review panel shall consist of three public members appointed 20 under this section and two members from the department. The commissioner of 21 the department shall select employees of the department to serve on a local review 22 panel. The local review panel shall be chaired by one of the public members. 23 The public members [COMPOSITION] of a local review panel must be reasonably 24 representative of the various social, economic, racial, ethnic, and cultural groups of the 25 district from which the members are appointed. 26 (d) If the board [STATE PANEL] determines that additional public members 27 [LOCAL PANELS] are necessary in a judicial district because of excessively large or 28 complex caseloads for review or because of the demographics of cases, [OR 29 DETERMINES THAT A LOCAL PANEL IS NOT NECESSARY BECAUSE OF A 30 REDUCED CASELOAD,] the board [GOVERNOR] may appoint additional public 31 members [CREATE OR DISSOLVE A LOCAL PANEL. THE GOVERNOR MAY
01 NOT REDUCE THE NUMBER OF PANELS IN A JUDICIAL DISTRICT TO 02 FEWER THAN ONE]. Appointments of public members [TO A PANEL 03 ESTABLISHED] under this subsection are governed by (a) - (c) of this section. 04 Public members serve on the panel at the pleasure of the board. 05 (e) When a person is appointed to serve as a public member on a local 06 review panel, the person shall swear or affirm in writing to keep confidential all 07 information that comes before the local review panel except for nonidentifying case 08 information included in a report to the state board [PANEL], information for reports 09 required under AS 47.17, or as required by court order for good cause shown. A 10 public member of a local review panel [MEMBER] may also share confidential 11 information, on a need to know basis, with other members of the local review panel, 12 the board, and the staff who serve the board or local review panel. 13 * Sec. 16. AS 47.14.230(a) is amended to read: 14 (a) A local review panel shall conduct its meetings in the judicial district in 15 which its public members reside. 16 * Sec. 17. AS 14.14.230(d) is amended to read: 17 (d) A public member of a local review panel [MEMBER] is not eligible for 18 travel expenses, per diem, or other expenses for service on the local review panel 19 unless the state board [PANEL] requires the public [A LOCAL PANEL] member to 20 travel to attend a meeting. If the state board [PANEL] requires a public member of 21 a local review panel [MEMBER] to travel to attend a meeting, the public [LOCAL 22 PANEL] member is entitled to reimbursement for actual expenses incurred by the 23 member in attending the meeting, except that the reimbursement may not exceed the 24 amount of per diem and expenses authorized for boards and commissions under 25 AS 39.20.180. 26 * Sec. 18. AS 47.14.240 is amended to read: 27 Sec. 47.14.240. Duties of local review panel. (a) A local review panel shall 28 review the case plan of each child in the custody of the department who is in a 29 placement other than the child's own home under AS 47.10.080(c)(1) or (3), 30 47.10.142, [AS 47.12.120(b)(3),] or AS 47.14.100(c) if the case is under the 31 jurisdiction of a court in the judicial district served by the local review panel. A local
01 review panel may request a local review panel in another judicial district to conduct 02 a review and make a report if that local review panel is more convenient for the child 03 and other persons involved. 04 (b) The local review panel shall review a case as required under 42 U.S.C. 05 671 - 675 (P.L. 96-272) within 180 days after the day the child is initially removed 06 from the child's home and every six months thereafter. A court review may be 07 substituted for a review required under this subsection if the court review meets the 08 requirements of this subsection. 09 (c) At least 30 days before the local review panel [IT] begins a review, or 10 as soon as practicable, department staff [THE LOCAL PANEL] shall provide 11 written notice to the following persons that a review will be conducted and that each 12 person notified may participate in the review: 13 (1) the appropriate employees of the department with knowledge 14 about the case, if not serving on the panel; 15 (2) the child or the child's legal representative; 16 (3) the child's parents; 17 (4) the child's guardian; 18 (5) the child's guardian ad litem; 19 (6) the child's out-of-home care provider; and 20 (7) if the case is governed by 25 U.S.C. 1901 - 1963 (Indian Child 21 Welfare Act), 22 (A) the child's Indian custodian; and 23 (B) the designated representative of the child's Indian tribe if 24 the tribe has intervened in the court case. 25 (d) In reviewing a case, the local review panel shall consider the case plan and 26 any progress report of the department or the child's guardian ad litem, court records, 27 and other relevant information about the child and the child's family. Department 28 staff [THE LOCAL PANEL] shall [ALSO] provide to the following persons an 29 opportunity to be interviewed by the local review panel in person or by telephone or 30 to provide written material to the panel: 31 (1) the child whose case is being reviewed if the child is 10 years of
01 age or older; 02 (2) the parents, custodians, or other relatives of the child; 03 (3) the child's out-of-home care provider; 04 (4) the child's guardian; 05 (5) the child's guardian ad litem; 06 (6) the case worker or social worker assigned to the case; 07 (7) if the case is governed by 25 U.S.C. 1901 - 1963 (Indian Child 08 Welfare Act), 09 (A) the child's Indian custodian; and 10 (B) the designated representative of the child's Indian tribe if 11 the tribe has intervened in the court case; and 12 (8) other persons with a close personal knowledge of the case. 13 (e) At the discretion of the child's guardian ad litem, if the child whose case 14 is being reviewed is under 10 years of age, the child may be present at interviews 15 conducted under (d) of this section and during review by the local review panel, or 16 may be interviewed. At the child's request, a child who is 10 years of age or older 17 shall be allowed to be present at interviews or a review of the local review panel that 18 concerns the child's case unless the panel determines that for good cause the child's 19 presence would be contrary to the best interests of the child or there is other good 20 cause for denying the child's request. 21 (f) During a review under (a) of this section, a local review panel shall 22 (1) determine whether the child has a case plan designed to achieve 23 placement in the least restrictive, most family-like setting available in close proximity 24 to the home of the child's parents that is consistent with the best interests of and 25 special needs and circumstances of the child; 26 (2) evaluate the continuing necessity and appropriateness of the child's 27 placement, the extent of the compliance with the child's case plan, and the extent of 28 progress that has been made toward mitigating the causes that necessitated placement 29 away from the child's parents; 30 (3) ascertain the date by which it is likely the child may be returned 31 to the home or placed for adoption or legal guardianship;
01 (4) determine whether there has been compliance with applicable 02 provisions of 25 U.S.C. 1901 - 1963 (Indian Child Welfare Act) and other applicable 03 state and federal laws; and 04 (5) determine whether there has been compliance with court review 05 requirements of AS 47.10.080(f) and (l) and [,] 47.10.142(h)[, AND AS 47.12.120(d) 06 AND (g)]. 07 (g) The local review panel shall within 30 days after reviewing the case 08 submit a final written report to the persons listed in (c) of this section. If the local 09 review panel cannot reach unanimous decision on any of the required findings or 10 the content of the report, the vote of the majority of public members shall be 11 reflected as the majority opinion and the vote of the other members of the panel 12 shall be reflected as the minority opinion. After the vote, department staff shall 13 prepare a draft report reflecting the decisions reached. The chair of the local 14 review panel shall review the draft report to ensure that the report is complete 15 and accurate. The chair shall sign on behalf of the local review panel if the 16 report is complete and accurate. The signed report shall be designated as a final 17 report of the local review panel. 18 (h) The report required under (g) of this section must make advisory 19 recommendations based on the best interests of the child in accordance with 20 AS 47.10.082 and must include notification of the right to request court review under 21 AS 47.10.080(f) [OR AS 47.12.120(d), AS APPROPRIATE]. If the court has 22 scheduled the case for review, the local review panel shall submit its report at least 23 20 days before the hearing. 24 (i) The local review panel shall report to the state board [PANEL] information 25 needed by the state board [PANEL] to prepare the report required under 26 AS 47.14.210. 27 * Sec. 19. AS 47.14.250 is amended to read: 28 Sec. 47.14.250. Cooperation with state board and local review panels. The 29 department, Department of Law, public defender, office of public advocacy, and court 30 system shall cooperate with the state board [PANEL] and the local review panels to 31 facilitate timely review of plans for children whose cases are reviewed under
01 AS 47.14.200 - 47.14.299 [THE JURISDICTION OF THE PANELS]. 02 * Sec. 20. AS 47.14.260 is amended to read: 03 Sec. 47.14.260. Records: communications. (a) Notwithstanding 04 AS 47.10.090 and [,] 47.10.093[, AS 47.12.300, AND 47.12.310], at the request of a 05 local review panel, the department, the child's guardian ad litem, and the court shall 06 furnish to the local review panel relevant records concerning a child and the child's 07 family who are the subjects of a local panel review. At the conclusion of a review, 08 all copies of records provided to a local review panel under this section shall be 09 returned to the staff that serves the local review panel or to the agency from which the 10 original copy was obtained unless the local review panel members need the copies to 11 prepare the reports required under AS 47.14.240(g) - (i). Copies retained for 12 preparation of the reports shall be returned to the staff that serves the local review 13 panel or to the originating agency upon completion of the reports. Notwithstanding 14 AS 44.62.310, records and reports of the local review panel, testimony before the local 15 review panel, and deliberations of the local review panel are confidential under 16 AS 47.10.090 [AND AS 47.12.310]. 17 (b) A public member of a local review panel [MEMBER] may not reveal to 18 another person, other than another member of the local review panel or the staff 19 serving the local review panel, a communication made to the member while 20 performing the member's duties under AS 47.14.200 - 47.14.299 except as required 21 under AS 47.17 or as required by court order for good cause shown. A public 22 member of a local review panel [MEMBER] may share with the state board 23 [PANEL] communications made during the public [LOCAL PANEL] member's 24 performance of official duties if the public [LOCAL PANEL] member omits 25 identifying information. 26 (c) A local review panel proceeding is not governed by AS 44.62.310. 27 * Sec. 21. AS 47.14.270 is repealed and reenacted to read: 28 Sec. 47.14.270. Court review of report. (a) The department shall submit the 29 final report of a local review panel to the court for the court's consideration under 30 AS 47.10.080(f) and at other disposition hearings under AS 47.10. 31 (b) The court may refer to the board for assignment to a local review panel a
01 case called for a special review under AS 47.10.080(f), as appropriate. 02 * Sec. 22. AS 47.14.280 is amended to read: 03 Sec. 47.14.280. Immunity [INDEMNIFICATION] of board and panel 04 members. A state board [PANEL] member and a local review panel member shall 05 be immune from [INDEMNIFIED BY THE STATE FOR] civil liability for a 06 negligent act or omission of the board or panel member that occurs in the 07 performance of the member's duties under AS 47.14.200 - 47.14.299 unless the civil 08 liability results from the [PANEL] member's gross negligence or violation of 09 (1) AS 47.14.260(b); or 10 (2) the oath or affirmation required of a local review panel member 11 under AS 47.14.220(e). 12 * Sec. 23. AS 47.14.299 is amended to read: 13 Sec. 47.14.299. Definitions. In AS 47.14.200 - 47.14.299, 14 (1) "board" means the state board; 15 (2) "department" means the Department of Health and Social 16 Services; 17 (3)[(1)] "local review panel" means a local [CITIZEN OUT-OF-HOME 18 CARE] review panel appointed under AS 47.14.220; 19 (4)[(2)] "out-of-home care provider" means an agency or person, other 20 than the child's legal parents, with whom a child who is in the custody of the state 21 under AS 47.10.080(c)(1) or (3), 47.10.142, [AS 47.12.120(b)(3),] or AS 47.14.100(c) 22 is currently placed; in this paragraph, "agency or person" includes a foster parent, a 23 relative other than a parent, a person who has petitioned for adoption of the child, and 24 a residential child care facility; 25 (5) "panel" means a local review panel; 26 (6)[(3)] "state board [PANEL]" means the Citizens' Foster Care 27 Review Board [PANEL FOR PERMANENCY PLANNING] established in [UNDER] 28 AS 47.14.200. 29 * Sec. 24. AS 47.14.230(b) and (c) are repealed. 30 * Sec. 25. TRANSITION. (a) Notwithstanding secs. 1 - 24 of this Act, the 31 commissioner of administration may phase in implementation of this Act. Local review panels
01 shall begin hearing all cases covered by this Act in Anchorage as soon as possible. Subject 02 to appropriations, local review panels shall be implemented in the remainder of the state as 03 soon as practicable. 04 (b) To the maximum extent for which appropriations are available, local review panels 05 shall be in place in all judicial districts no later than 24 months after the effective date of this 06 Act. 07 * Sec. 26. This Act takes effect immediately under AS 01.10.070(c).