00CS FOR HOUSE BILL NO. 15(HES)                                                                                         
01 "An Act relating to foster parents and out-of-home caregivers of a child in need                                        
02 of aid."                                                                                                                
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
04    * Section 1.  AS 47.10.080(s) is amended to read:                                                                  
05  (s)  The department may transfer a child, in the child's best interests, from one                                     
06 placement setting to another, and the child, the child's parents or guardian, the child's                               
07 foster parents or out-of-home caregiver, the child's guardian ad litem, the child's                                     
08 attorney, and the child's tribe are entitled to advance notice of a nonemergency                                        
09 transfer.   A foster parent or out-of-home caregiver who requests a nonemergency                                       
10 change in placement of the child shall provide the department with reasonable                                           
11 advance notice of the requested change.  Upon receipt of notice under this                                              
12 subsection,                                                                                                             
13   (1)  a  [A] party opposed to the proposed transfer may request a hearing                                            
14 and must prove by clear and convincing evidence that the transfer would be contrary                                     

01 to the best interests of the child for the court to deny the transfer ;                                                
02   (2)  a  [.  A] foster parent  opposed to the proposed transfer from the                                            
03 foster parent's placement setting to another proposed placement setting may                                             
04 request a hearing; the court                                                                                            
05   (A)  shall grant the hearing if the foster parent provides                                                          
06 information to the court showing that the child's transfer to another                                                   
07 proposed placement setting will put the child's health or safety at risk; the                                           
08 foster parent making the request is entitled to be heard at the hearing;                                                
09   (B)  may deny the proposed placement if the court                                                                   
10 determines, on the basis of clear and convincing evidence, that the child's                                             
11 transfer to another proposed placement setting will put the child's health                                              
12 or safety at risk  [OR OUT-OF-HOME CAREGIVER WHO REQUESTS A                                                            
13 NONEMERGENCY CHANGE IN PLACEMENT OF THE CHILD SHALL                                                                     
14 PROVIDE THE DEPARTMENT WITH REASONABLE ADVANCE NOTICE                                                                   
15 OF THE REQUESTED CHANGE].