00HOUSE BILL NO. 328                                                                                                    
01 "An Act relating to child-in-need-of-aid proceedings; and providing for an effective                                    
02 date."                                                                                                                  
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
04    * Section 1.  AS 47.10 is amended by adding a new section to read:                                                 
05  Sec. 47.10.965.  Damages for defamation.  A state employee who knowingly                                          
06 participates in the preparation of a petition alleging that a child is a child in need of                               
07 aid, knowing that the petition is based on false allegations about the actions or                                       
08 omissions of the child's parent or guardian, is civilly liable to the parent or guardian                                
09 for damages for defamation.                                                                                             
10    * Sec. 2.  AS 47.17.040 is amended to read:                                                                        
11  Sec. 47.17.040.  Central registry; confidentiality.  (a)  The department shall                                      
12 maintain a central registry of all investigation reports  and  [BUT NOT OF THE]                                       
13 reports of harm.                                                                                                        
14  (b)  Investigation reports [AND REPORTS OF HARM FILED] under this                                                     

01 chapter are considered confidential and are not subject to public inspection and                                        
02 copying under AS 09.25.110 and 09.25.120.  However, in accordance with department                                       
03 regulations, investigation reports may be used by appropriate governmental agencies                                     
04 with child-protection functions, inside and outside the state, in connection with                                       
05 investigations or judicial proceedings involving child abuse, neglect, or custody.  A                                   
06 person, not acting in accordance with department regulations, who with criminal                                         
07 negligence makes public information contained in confidential reports is guilty of a                                    
08 class B misdemeanor.                                                                                                    
09    * Sec. 3.  The uncodified law of the State of Alaska is amended by adding a new section                            
10 to read:                                                                                                                
11  APPLICABILITY.  (a)  AS 47.10.965, enacted by sec. 1 of this Act, applies to                                           
12 petitions submitted to a court on or after the effective date of this Act.                                              
13  (b)  AS 47.17.040, as amended by sec. 2 of this Act, applies to reports of harm made                                   
14 to the Department of Health and Social Services on or after the effective date of this Act.