HB 413: "An Act relating to intensive family preservation services; and providing for an effective date."
00HOUSE BILL NO. 413 01 "An Act relating to intensive family preservation services; and providing for an 02 effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 47.10.086(a) is amended to read: 05 (a) Except as provided in (b) and (c) of this section, the department shall make 06 timely, reasonable efforts to provide family support services to the child and to the 07 parents or guardian of the child that are designed to prevent out-of-home placement 08 of the child or to enable the safe return of the child to the family home, when 09 appropriate, if the child is in an out-of-home placement. Within appropriations 10 available for the purpose, the department shall also offer intensive family 11 preservation services when those services are available and the child's safety in 12 the home can be maintained during the time the services are provided. The 13 department's duty to make reasonable efforts under this subsection to provide family 14 support services includes the duty to
01 (1) identify family support services that will assist the parent or 02 guardian in remedying the conduct or conditions in the home that made the child a 03 child in need of aid; 04 (2) actively offer the parent or guardian, and refer the parent or 05 guardian to, the family support services identified under (1) of this subsection; the 06 department shall refer the parent or guardian to community-based family support 07 services whenever community-based services are available and desired by the parent 08 or guardian; and 09 (3) document the department's actions that are taken under [(1) AND 10 (2) OF] this subsection , including whether intensive family preservation services 11 were appropriate, offered, used, or available . 12 * Sec. 2. AS 47.10.086(b) is amended to read: 13 (b) If the court makes a finding at a hearing conducted under AS 47.10.080(l) 14 that a parent or guardian has not sufficiently remedied the parent's or guardian's 15 conduct or the conditions in the home despite reasonable efforts made by the 16 department in accordance with this section, the court may conclude that continuation 17 of reasonable efforts of the type described in (a) of this section are not in the best 18 interests of the child. The department shall then make reasonable efforts to place the 19 child in a timely manner in accordance with the permanent plan and to complete 20 whatever steps are necessary to finalize the permanent placement of the child. If the 21 court concludes that continuation of reasonable efforts of the type described in (a) 22 of this section are not in the best interests of the child and intensive family 23 preservation services were not provided in the case, the court shall enumerate in 24 the record the reasons the services were not provided. 25 * Sec. 3. AS 47.10.142(b) is amended to read: 26 (b) The department shall offer available counseling services and intensive 27 family preservation services to the person having legal custody of a minor described 28 in AS 47.10.141 and to the members of the minor's household if it determines that 29 counseling services or intensive family preservation services would be appropriate 30 in the situation. If, after assessing the situation, offering available [COUNSELING] 31 services to the legal custodian and the minor's household, and furnishing appropriate
01 social services to the minor, the department considers it necessary, the department may 02 take emergency custody of the minor. 03 * Sec. 4. AS 47.10 is amended by adding new sections to read: 04 Article 7A. Intensive Family Preservation Services. 05 Sec. 47.10.500. Statewide program. Subject to AS 47.10.510 and 47.10.520, 06 the department shall, within appropriations available for the purpose, provide intensive 07 family preservation services on a statewide basis. The department may provide the 08 services directly or through contracts with private nonprofit providers. 09 Sec. 47.10.510. Effectiveness required. (a) The department shall develop 10 measurable standards that must be met by a provider before a contract may be awarded 11 to the provider under AS 47.10.500. 12 (b) The department may not renew a contract with a provider of services 13 unless the provider can demonstrate that provision of the services prevented or 14 terminated out-of-home placement in at least 70 percent of the cases served by the 15 provider and that out-of-home placement was avoided for a period of at least six 16 months after termination of the services. 17 (c) The department may not continue direct provision of services unless the 18 department can demonstrate that provision of the services prevented or terminated out- 19 of-home placement in at least 70 percent of the cases served and that out-of-home placement 20 was avoided for a period of at least six months after termination of the services. 21 Sec. 47.10.520. Eligibility for services. (a) The department may provide 22 intensive family preservation services to a child, the child's family, and other 23 appropriate nonfamily members only if 24 (1) there are no other available means that will prevent out-of-home 25 placement of the child or make it possible to immediately return the child to the child's 26 home; and 27 (2) the child has been placed in out-of-home care or is at actual, 28 imminent risk of out-of-home placement due to 29 (A) child abuse or neglect; 30 (B) a serious threat of substantial harm to the child's health, 31 safety, or welfare; or
01 (C) family conflict. 02 (b) The department need not provide services to an otherwise eligible family 03 if 04 (1) services are not available in the community in which the family 05 resides; 06 (2) services cannot be provided because the program is filled to 07 capacity; 08 (3) the family refuses the services; 09 (4) the child's case plan does not include reunification of the child and 10 family; or 11 (5) the safety of a child, a family member, or a person providing the 12 services would be unduly threatened. 13 Sec. 47.10 530. Solicitation of funding sources. The department shall solicit 14 federal and private resources that may be available to fund intensive family 15 preservation services. 16 Sec. 47.10.590. Definition. In AS 47.10.500 - 47.10.590, "intensive family 17 preservation services" and "services" mean intensive family preservation services, as 18 defined in AS 47.10.990. 19 * Sec. 5. AS 47.10.990 is amended by adding a new paragraph to read: 20 (28) "intensive family preservation services" means services provided 21 to a family with a child who is in an out-of-home placement or is at imminent risk of 22 out-of-home placement that 23 (A) are designed to address problems creating the need for out- 24 of-home placement by assisting the family to improve parental and household management 25 competence and by solving practical problems that contribute to family stress so as to improve 26 parental performance and enhance functioning of the family unit; and 27 (B) have the following characteristics: 28 (i) are persistently offered but provided at the family's 29 option; 30 (ii) are provided in the family's home; 31 (iii) are available 24 hours a day and seven days a week;
01 (iv) are provided within 24 hours of initial contact for 02 assistance; 03 (v) are provided for a maximum of 40 days by a single 04 case worker whose caseload is not more than two families at any one 05 time; and 06 (vi) may, in appropriate instances and subject to 07 available appropriations, include monetary assistance for special needs 08 of the family, such as to obtain food, shelter, or clothing or to purchase 09 other goods or services that will enhance the effectiveness of other 10 services offered to help preserve the family. 11 * Sec. 6. AS 47.17.030(d) is amended to read: 12 (d) Before the department or a local government health or social services 13 agency may seek the termination of parental rights under AS 47.10, it shall offer 14 protective social services and pursue all other reasonable means of protecting the child. 15 The department or agency shall also consider the eligibility of the child and 16 family for intensive family preservation services under AS 47.10.500 - 47.10.590. 17 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section 18 to read: 19 STUDY. (a) The Department of Health and Social Services shall conduct a study in 20 at least one region of the state in order to 21 (1) develop a valid and reliable process for accurately identifying clients who 22 are eligible for intensive family preservation services; 23 (2) collect data on which to base projections of service needs, budget requests, 24 and long-range planning related to intensive family preservation services; 25 (3) develop regional and statewide projections of needs for intensive family 26 preservation services; 27 (4) develop a cost estimate for implementation and expansion of intensive 28 family preservation services on a statewide basis; 29 (5) develop a long-range plan and time frame for ultimately making intensive 30 family preservation services available to all eligible families; and 31 (6) collect data regarding the number of children in foster care, group care,
01 institutional care, and other out-of-home care due to medical needs, mental health needs, 02 developmental disabilities, and juvenile offenses and to assess the feasibility of expanding 03 intensive family preservation services eligibility to include all of these children. 04 (b) By November 30, 2001, the Department of Health and Social Services shall submit 05 a report to the governor describing the study required under this section and including the 06 department's conclusions and recommendations that are based on the study. The department 07 shall notify the legislature that the report is available. 08 (c) In this section, "intensive family preservation services" has the meaning given in 09 AS 47.10.990. 10 * Sec. 8. This Act takes effect July 1, 2000.