HB 386: "An Act relating to foster care and adoption of children in need of aid; and relating to child-in-need-of-aid proceedings."
00 HOUSE BILL NO. 386 01 "An Act relating to foster care and adoption of children in need of aid; and relating to 02 child-in-need-of-aid proceedings." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 25.23.100(a) is amended to read: 05 (a) After the filing of a petition to adopt a minor, the court shall fix a time and 06 place for hearing the petition. The court shall expedite consideration of a petition 07 for adoption of a child who is under the prior and continuing jurisdiction of a 08 court under AS 47.10. At least 20 days before the date of hearing, the petitioner shall 09 give notice of the filing of the petition and of the time and place of hearing to (1) the 10 department, unless the adoption is by a stepparent of the child; (2) any agency or 11 person whose consent to the adoption is required by this chapter, but who has not 12 consented; and (3) a person whose consent is dispensed with upon any ground 13 mentioned in AS 25.23.050(a)(1), (2), (3), (6), (7), (8) and (9), but who has not 14 consented. The notice to the department shall be accompanied by a copy of the
01 petition. 02 * Sec. 2. AS 25.23 is amended by adding a new section to read: 03 Sec. 25.23.127. Preference for adoption by a foster parent. If a foster 04 parent petitions to adopt a child who has lived as a foster child with the foster parent 05 for a continuous period of at least nine months, the court shall give preference to 06 adoption of the child by the child's foster parent if the court determines that 07 (1) bonding has occurred, as evidenced by positive emotional and 08 physical interaction between the foster parent and the child; and 09 (2) adoption by the foster parent would promote the best interests of 10 the foster child and is otherwise consistent with law. 11 * Sec. 3. AS 47.10.080(r) is amended to read: 12 (r) If the court orders a child committed to the department under (c) of this 13 section, the court shall order the child's parent or guardian to provide the department 14 with 15 (1) the names, addresses, and telephone numbers of all of the child's 16 medical providers; 17 (2) the names, addresses, and telephone numbers of mental health 18 providers that have provided services to the child; 19 (3) the names, addresses, and telephone numbers of schools, 20 preschools, or day care facilities that the child was attending before the child was 21 committed to the department; 22 (4) a description of special needs of the child, if any; and 23 (5) the names and locations of relatives who may be willing to have 24 the child placed in their home if the names and locations have not already been 25 supplied in response to an order issued under AS 47.10.142(f). 26 * Sec. 4. AS 47.10.142(f) is amended to read: 27 (f) When a minor is committed to the department for temporary placement 28 under (e) of this section, the court order shall specify the terms, conditions, and 29 duration of placement and shall require the minor's parent or guardian to provide 30 the department with the names and locations of relatives who may be willing to 31 have the minor placed in their home. If the court orders the minor returned to the
01 custody of the minor's parents or guardian under (e) of this section after a hearing held 02 on a petition filed under AS 47.10.141(f), the court shall specify the terms and 03 conditions that must be followed by the minor and the minor's parents or guardian. 04 The court shall require the minor to remain in the placement provided by the 05 department and shall clearly state in the order the consequences of violating the order, 06 including detention under AS 47.10.141(c). 07 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 APPLICABILITY. AS 47.10.080(r), as amended by sec. 3 of this Act, and 10 AS 47.10.142(f), as amended by sec. 4 of this Act, apply to a case for which a petition to find 11 a minor to be a child in need of aid under AS 47.10 is filed with the court on or after the 12 effective date of this Act.