SSHB 53: "An Act relating to child-in-need-of-aid proceedings; amending the construction of statutes pertaining to children in need of aid; relating to a duty and standard of care for services to children and families, to the confidentiality of investigations, court hearings, and public agency records and information in child-in-need-of-aid matters and certain child protection matters, to immunity regarding disclosure of information in child-in-need-of-aid matters and certain child protection matters, to the retention of certain privileges of a parent in a relinquishment and termination of a parent and child relationship proceeding, to eligibility for permanent fund dividends for certain children in the custody of the state, and to juvenile delinquency proceedings and placements; establishing a right to a trial by jury in termination of parental rights proceedings; reestablishing and relating to state citizens' review panels for certain child protection and custody matters; amending the duty to disclose information pertaining to a child in need of aid; authorizing additional family members to consent to disclosure of confidential or privileged information about children and families involved with children's services within the Department of Health and Social Services to officials for review or use in official capacities; relating to reports of harm and to adoptions and foster care; mandating reporting of the medication of children in state custody; prescribing the rights of grandparents related to child-in-need-of-aid cases and establishing a grandparent priority for adoption in certain child-in-need-of-aid cases; modifying adoption and placement procedures in certain child-in-need-of-aid cases; amending treatment service requirements for parents involved in child-in-need-of-aid proceedings; amending Rules 9 and 13, Alaska Adoption Rules; amending Rules 3, 18, and 22, Alaska Child in Need of Aid Rules of Procedure; and providing for an effective date."
00 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 53 01 "An Act relating to child-in-need-of-aid proceedings; amending the construction of 02 statutes pertaining to children in need of aid; relating to a duty and standard of care for 03 services to children and families, to the confidentiality of investigations, court hearings, 04 and public agency records and information in child-in-need-of-aid matters and certain 05 child protection matters, to immunity regarding disclosure of information in child-in- 06 need-of-aid matters and certain child protection matters, to the retention of certain 07 privileges of a parent in a relinquishment and termination of a parent and child 08 relationship proceeding, to eligibility for permanent fund dividends for certain children 09 in the custody of the state, and to juvenile delinquency proceedings and placements; 10 establishing a right to a trial by jury in termination of parental rights proceedings; 11 reestablishing and relating to state citizens' review panels for certain child protection 12 and custody matters; amending the duty to disclose information pertaining to a child in
01 need of aid; authorizing additional family members to consent to disclosure of 02 confidential or privileged information about children and families involved with 03 children's services within the Department of Health and Social Services to officials for 04 review or use in official capacities; relating to reports of harm and to adoptions and 05 foster care; mandating reporting of the medication of children in state custody; 06 prescribing the rights of grandparents related to child-in-need-of-aid cases and 07 establishing a grandparent priority for adoption in certain child-in-need-of-aid cases; 08 modifying adoption and placement procedures in certain child-in-need-of-aid cases; 09 amending treatment service requirements for parents involved in child-in-need-of-aid 10 proceedings; amending Rules 9 and 13, Alaska Adoption Rules; amending Rules 3, 18, 11 and 22, Alaska Child in Need of Aid Rules of Procedure; and providing for an effective 12 date." 13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 14 * Section 1. AS 25.23 is amended by adding a new section to read: 15 Sec. 25.23.127. Grandparent's preference to adopt. Notwithstanding a 16 child's stated preference under AS 25.23.125 and 25.23.040(a)(5), a grandparent who 17 has had physical custody of a child for at least two consecutive years when the 18 parental rights to the child have been terminated under AS 47.10.080(c)(3), shall be 19 permitted to adopt the child before any other person upon the filing of a petition by the 20 grandparent under AS 25.23.080 unless the court finds that the grandparent is not fit to 21 raise the child. 22 * Sec. 2. AS 25.23.180 is amended by adding a new subsection to read: 23 (j) In a relinquishment of parental rights executed under (a) of this section, a 24 parent may retain privileges with respect to the child, including the ability to have 25 future contact, communication, and visitation with the child. A retained privilege 26 must be stated with specificity in writing, and, if a termination order is entered 27 following the relinquishment, the court shall incorporate a retained privilege into the
01 termination order. A relinquishment may not be withdrawn or invalidated, and a 02 termination order may not be vacated, on the grounds that a retained privilege has 03 been withheld from the relinquishing parent or that the relinquishing parent has been 04 unable, for any reason, to act upon a retained privilege. 05 * Sec. 3. AS 43.23.005(f) is amended to read: 06 (f) The [IN A TIME OF NATIONAL MILITARY EMERGENCY, THE] 07 commissioner may waive the requirement of (a)(4) of this section for an individual 08 absent from the state 09 (1) in a time of national military emergency under military orders 10 while serving in the armed forces of the United States, or for the spouse and 11 dependents of that individual; or 12 (2) while in the custody of the Department of Health and Social 13 Services in accordance with a court order under AS 47.10 or AS 47.12 and placed 14 outside of the state by the Department of Health and Social Services for purposes 15 of medical or behavioral treatment. 16 * Sec. 4. AS 47.10.005 is amended to read: 17 Sec. 47.10.005. Construction. The provisions of this chapter shall be 18 liberally construed to 19 (1) achieve the end that a child coming within the jurisdiction of the 20 court under this chapter may receive the care, guidance, treatment, and control that 21 will promote the child's welfare; 22 (2) recognize that a parent possesses inherent individual rights to 23 direct and control the education and upbringing of the parent's child; 24 (3) promote and protect the safety, welfare, health, and good of 25 children, grandparents, and relatives living in the state; 26 (4) benefit future generations; 27 (5) bring fairness and equality to biological family members and 28 children in the state; and 29 (6) recognize that a parent is held to a standard of care and that 30 the state must be held to the same standard. 31 * Sec. 5. AS 47.10.020(a) is amended to read:
01 (a) Whenever circumstances subject a child to the jurisdiction of the court 02 under AS 47.10.005 - 47.10.142, the court shall appoint a competent person or agency 03 to make a preliminary inquiry and report for the information of the court to determine 04 whether the best interests of the child require that further action be taken. The court 05 shall make the appointment on its own motion or at the request of a person or 06 agency having knowledge of the child's circumstances. If, under this subsection, 07 the court appoints a person or agency to make a preliminary inquiry and to report to it, 08 or if the department is conducting an investigation of a report of child abuse or 09 neglect, the court may issue any orders necessary to aid the person, the agency, 10 or the department in its investigation or in making the preliminary inquiry and 11 report. Upon [THEN, UPON THE] receipt of the report under this subsection, the 12 court may 13 (1) close the matter without a court hearing; 14 (2) determine whether the best interests of the child require that further 15 action be taken; or 16 (3) authorize the person or agency having knowledge of the facts of the 17 case to file with the court a petition setting out the facts. 18 * Sec. 6. AS 47.10.020 is amended by adding a new subsection to read: 19 (e) Nothing in this section requires the department to obtain authorization 20 from the court before 21 (1) conducting an investigation of a report of child abuse or neglect; or 22 (2) filing a petition. 23 * Sec. 7. AS 47.10 is amended by adding a new section to read: 24 Sec. 47.10.025. Biological grandparent's rights. (a) A biological 25 grandparent of a child who has been adjudicated a child in need of aid under this 26 chapter may initiate special proceedings by filing a petition to obtain custody of the 27 child if 28 (1) one or both of the child's parents are dead; and 29 (2) the child has been abandoned by a remaining parent. 30 (b) In a proceeding initiated under (a) of this section, the court shall presume 31 that awarding custody to a biological grandparent is in the best interest of the child. A
01 presumption under this subsection may be overcome by evidence of abuse, neglect, or 02 other harm to the child attributable to the biological grandparent. 03 (c) The department shall attempt to locate all living biological grandparents of 04 a child and to investigate the biological grandparent's ability to care for the child 05 before placing the child or approving an adoption of the child under this chapter. The 06 department shall provide written notice to all identified biological grandparents of 07 their rights under this chapter and of the procedures necessary to gain custody of the 08 child. The biological grandparents shall sign a receipt of the notice and, if the 09 biological grandparent is competent, state that the biological grandparent understands 10 the biological grandparent's right to initiate proceedings to gain custody of the child 11 and either intends or declines to proceed. 12 * Sec. 8. AS 47.10 is amended by adding a new section to read: 13 Sec. 47.10.065. Right to demand jury trial in certain cases. A party has the 14 right to demand a jury trial for a hearing under this chapter on a petition to terminate 15 parental rights. If a hearing to adjudicate whether a child is a child in need of aid 16 under AS 47.10.011 is consolidated with a hearing on a petition to terminate parental 17 rights, the right to a jury trial under this section applies only to the issue of whether 18 parental rights should be terminated after the court enters a finding under 19 AS 47.10.080(a). In this section, "party" has the meaning given in Rule 2, Alaska 20 Child in Need of Aid Rules of Procedure. 21 * Sec. 9. AS 47.10.070(a) is amended to read: 22 (a) The court may conduct the hearing on the petition in an informal manner. 23 The court shall give notice of the hearing to the department, and it may send a 24 representative to the hearing. The court shall also transmit a copy of the petition to the 25 department. The department shall send notice of the hearing to the persons for whom 26 notice is required under AS 47.10.030(b) and to each grandparent of the child entitled 27 to notice under AS 47.10.030(d). The department and the persons to whom the 28 department must send notice of the hearing are entitled to be heard at the hearing. 29 Except as provided in (c) of this section, and unless prohibited by federal or state 30 law, court order, or court rule, a hearing is open to the public [HOWEVER, THE 31 COURT MAY LIMIT THE PRESENCE OF THE FOSTER PARENT OR OTHER
01 OUT-OF-HOME CARE PROVIDER AND OF ANY GRANDPARENT OF THE 02 CHILD TO THE TIME DURING WHICH THE PERSON'S TESTIMONY IS BEING 03 GIVEN IF IT IS (1) IN THE BEST INTEREST OF THE CHILD; OR (2) 04 NECESSARY TO PROTECT THE PRIVACY INTERESTS OF THE PARTIES 05 AND WILL NOT BE DETRIMENTAL TO THE CHILD. THE PUBLIC SHALL BE 06 EXCLUDED FROM THE HEARING, BUT THE COURT, IN ITS DISCRETION, 07 MAY PERMIT INDIVIDUALS TO ATTEND A HEARING IF THEIR 08 ATTENDANCE IS COMPATIBLE WITH THE BEST INTERESTS OF THE 09 CHILD]. 10 * Sec. 10. AS 47.10.070 is amended by adding new subsections to read: 11 (c) Except as provided in (e) of this section, the following hearings in child-in- 12 need-of-aid cases are closed to the public: 13 (1) the initial court hearing after the filing of a petition to commence 14 the child-in-need-of-aid case; 15 (2) a hearing following the initial hearing in which a parent, child, or 16 other party to the case is present but has not had an opportunity to obtain legal 17 representation; 18 (3) a hearing, or a part of a hearing, for which the court issues a written 19 order finding that allowing the hearing, or part of the hearing, to be open to the public 20 would reasonably be expected to 21 (A) stigmatize or be emotionally damaging to a child; 22 (B) inhibit a child's testimony in that hearing; 23 (C) disclose matters otherwise required to be kept confidential 24 by state or federal statute or regulation, court order, or court rule; or 25 (D) interfere with a criminal investigation or proceeding or a 26 criminal defendant's right to a fair trial in a criminal proceeding; before ruling 27 on a request under this subparagraph, the court shall give notice and an 28 opportunity to be heard to the state or a municipal agency that is assigned to 29 the criminal investigation or to the prosecuting attorney. 30 (d) If a hearing, or part of a hearing, in a child-in-need-of-aid case is not 31 closed under (c) of this section, the court shall hear in camera any information offered
01 regarding the location, or readily leading to the location, of a parent, child, or other 02 party to the case who is a victim of domestic violence. Access to testimony heard in 03 camera under this subsection is limited to the court and authorized court personnel. 04 (e) The grandparents of the child and the foster parents or other out-of-home 05 care provider may attend hearings that are otherwise closed to the public under (c) of 06 this section. However, the court shall limit the presence of these persons in a hearing 07 closed to the public to the time during which the person's testimony is being given if 08 the court determines that the limitation is necessary under (c)(3) of this section. In this 09 subsection, "out-of-home care provider" means an agency or person, other than the 10 child's legal parents, with whom a child who is in the custody of the state under 11 AS 47.10.080(c)(1) or (3), 47.10.142, or AS 47.14.100(c) is currently placed; "agency 12 or person" includes a foster parent, a relative other than a parent, a person who has 13 petitioned for adoption of the child, and a residential child care facility. 14 (f) Notwithstanding any other provision of this chapter, a person attending a 15 hearing open to the public may not disclose a name, picture, or other information that 16 would readily lead to the identification of a child who is the subject of the child-in- 17 need-of-aid case. At the beginning of the hearing, the court shall issue an order 18 specifying the restrictions necessary to comply with this subsection. If a person 19 violates the order, the court may impose any appropriate sanction, including contempt 20 and closure of any further hearings in the case to the person. 21 (g) Nothing contained in this section limits the rights of grandparents under 22 this title. 23 * Sec. 11. AS 47.10.080(c) is amended to read: 24 (c) If the court finds that the child is a child in need of aid, the court shall 25 (1) order the child committed to the department for placement in an 26 appropriate setting for a period of time not to exceed two years or in any event not to 27 extend past the date the child becomes 19 years of age, except that the department or 28 the child's guardian ad litem may petition for and the court may grant in a hearing 29 (A) one-year extensions of commitment that do not extend 30 beyond the child's 19th birthday if the extension is in the best interests of the 31 child; and
01 (B) an additional one-year period of state custody past [AGE] 02 19 years of age if the continued state custody is in the best interests of the 03 person and the person consents to it; 04 (2) order the child released to a parent, relative, or guardian of the 05 child or to another suitable person, and, in appropriate cases, order the parent, relative, 06 guardian, or other person to provide medical or other care and treatment; if the court 07 releases the child, it shall direct the department to supervise the care and treatment 08 given to the child, but the court may dispense with the department's supervision if the 09 court finds that the adult to whom the child is released will adequately care for the 10 child without supervision; the department's supervision may not exceed two years or 11 in any event extend past the date the child reaches [AGE] 19 years of age, except that 12 the department or the child's guardian ad litem may petition for and the court may 13 grant in a hearing 14 (A) one-year extensions of supervision that do not extend 15 beyond the child's 19th birthday if the extensions are in the best interests of the 16 child; and 17 (B) an additional one-year period of supervision past age 19 if 18 the continued supervision is in the best interests of the person and the person 19 consents to it; or 20 (3) unless a jury trial has been requested by a party, order, under 21 the grounds specified in (o) of this section or AS 47.10.088, the termination of 22 parental rights and responsibilities of one or both parents and commit the child to the 23 custody of the department, and the department shall report quarterly to the court on 24 efforts being made to find a permanent placement for the child; if a jury trial has 25 been requested by a party, the court shall conduct a jury trial on the termination 26 of parental rights under this section. 27 * Sec. 12. AS 47.10.080(p) is amended to read: 28 (p) If a child is removed from the parental home, the department shall provide 29 reasonable visitation between the child and the child's parents, guardian, and family. 30 When determining what constitutes reasonable visitation with a family member, the 31 department shall consider the nature and quality of the relationship that existed
01 between the child and the family member before the child was committed to the 02 custody of the department. The court may require the department to file a visitation 03 plan with the court. The department may deny visitation to the parents, guardian, or 04 family members if there is clear and convincing evidence that visits are not in the 05 child's best interests. If the department denies visitation to a parent or family 06 member of a child, the department shall inform the parent or family member of a 07 reason for the denial and of the parent's or family member's right to request a 08 review hearing. A parent, family member, or guardian who is denied visitation may 09 request a review hearing. 10 * Sec. 13. AS 47.10.080 is amended by adding new subsections to read: 11 (t) The court or a jury, if a jury trial is requested, may not terminate parental 12 rights solely on the basis that the parent did not complete treatment required of the 13 parent by the department for reunification with the child if the parent can show, by a 14 preponderance of the evidence, that the treatment required was unavailable to the 15 parent and the department did not provide the treatment. 16 (u) A child may not be placed in a foster home known to the department as a 17 home requesting adoption of a child before 18 (1) 30 days after the date of the first permanency hearing; 19 (2) the decision of the department is made to seek termination of 20 parental rights; and 21 (3) the court approves of the placement after a hearing. 22 (v) Within 60 days after the date a child is removed from the child's home by 23 the department, the department shall notify the appropriate citizen review panel 24 established under AS 47.14.205. 25 (w) Within 60 days after a court orders a child committed to the department 26 under (c) of this section and at a review under (f) or (l) of this section, the department 27 shall inform the parties about the citizen review panels established under 28 AS 47.14.205. 29 (x) A hearing conducted under this section is open to the public unless an 30 exception provided in AS 47.10.070(c) applies to make the hearing closed to the 31 public or unless prohibited by federal or state statute or regulation.
01 * Sec. 14. AS 47.10.088(i) is amended to read: 02 (i) The department shall concurrently identify, recruit, process, and approve a 03 qualified person or family for an adoption whenever a petition to terminate a parent's 04 rights to a child is filed. The department may not approve an adoption by a 05 person or family who is not related to the child by blood if a relative of the child 06 requests that the department approve the relative for the adoption unless the 07 adoption by the child's relative is not in the child's best interest, is prohibited 08 under (l) of this section, or is otherwise contrary to federal or state law. If the 09 court issues an order to terminate under (j) of this section, the department shall report 10 within 30 days on the efforts being made to recruit a permanent placement for the 11 child if a permanent placement was not approved at the time of the trial under (j) of 12 this section. The report must document recruitment efforts made for the child. 13 * Sec. 15. AS 47.10.088 is amended by adding new subsections to read: 14 (l) The department may not approve an adoption by a person related to the 15 child by blood if the department 16 (1) makes a determination, supported by clear and convincing 17 evidence, that adoption of the child by the relative will result in physical or mental 18 injury to the child; in making that determination, poverty, including inadequate or 19 crowded housing, on the part of the person related to the child by blood is not 20 considered prima facie evidence that physical or mental injury to the child will occur; 21 (2) determines that a member of the relative's household who is 12 22 years of age or older was the perpetrator in a substantiated report of abuse under 23 AS 47.17; or 24 (3) determines that a member of the relative's household who is 12 25 years of age or older is under arrest for, is charged with, has been convicted of, or has 26 been found not guilty by reason of insanity of, a serious offense; notwithstanding this 27 paragraph, the department may approve an adoption by the relative if the relative 28 demonstrates to the satisfaction of the department that conduct described in this 29 paragraph occurred at least five years before the intended adoption and the conduct 30 (A) did not involve a victim who was under 18 years of age at 31 the time of the conduct;
01 (B) was not a crime of domestic violence as defined in 02 AS 18.66.990; and 03 (C) was not a violent crime under AS 11.41.100 - 11.41.455 or 04 a law or ordinance of another jurisdiction having similar elements. 05 (m) For the purpose of determining whether the home of a relative meets the 06 requirements for adoption of the child, the department shall conduct a criminal 07 background check from state and national criminal justice information available under 08 AS 12.62. The department may conduct a fingerprint background check on any 09 member of the relative's household who is 12 years of age or older when the relative 10 requests adoption of the child. For the purposes of obtaining criminal justice 11 information under this subsection, the department is a criminal justice agency 12 conducting a criminal justice activity under AS 12.62. 13 (n) A person related to a child by blood who is denied a request for an 14 adoption under (i) of this section may request a review hearing by the court. If the 15 department denies a request by a person related to a child by blood to adopt a child 16 under (i) of this section, the department shall inform the relative of the reason for the 17 denial and of the relative's right to request a review hearing. 18 (o) A trial or hearing conducted under this section is open to the public unless 19 an exception provided in AS 47.10.070(c) applies to make the trial or hearing closed 20 to the public. 21 * Sec. 16. AS 47.10 is amended by adding a new section to read: 22 Sec. 47.10.089. Report of prescription drugs. (a) When a child is in the 23 custody of the department under AS 47.10.084 and the child is prescribed a 24 psychotropic or other mental health medication, the department shall prepare a report. 25 The report must include the 26 (1) child's name and date of birth; 27 (2) name and dosage of the medication; 28 (3) condition or diagnosis for which the medication is prescribed; 29 (4) name of the prescribing physician; 30 (5) assessment of the child's caseworker pertaining to the child's 31 response to the medication; and
01 (6) assessment of the child's caregiver pertaining to the child's 02 response to the medication, if available. 03 (b) A report prepared under (a) of this section shall be distributed to the 04 statewide supervisor of the caseworker of the child, the parent or guardian of the child, 05 and, to the extent allowed under applicable federal and state law, the intervening tribal 06 or tribal custodian for the child. 07 (c) A summary of the reports prepared under (a) of this section, excluding 08 identifying information of a child, shall be distributed to members of the Senate and 09 House Health and Social Service Committees by March 1 of each year. 10 (d) In this section, "caregiver" includes a parent, grandparent, foster parent, 11 relative, teacher, or child care provider. 12 * Sec. 17. AS 47.10.090(c) is amended to read: 13 (c) Within 30 days after [OF] the date of a child's [MINOR'S] 18th birthday 14 or, if the court retains jurisdiction of a child [MINOR] past the child's [MINOR'S] 15 18th birthday, within 30 days after [OF] the date on which the court releases 16 jurisdiction over the child [MINOR], the court shall order all the court's official 17 records pertaining to that child [MINOR] in a proceeding under this chapter sealed. A 18 person may not use these sealed records unless authorized by order of [FOR ANY 19 PURPOSE EXCEPT THAT] the court upon a finding of [MAY ORDER THEIR 20 USE FOR] good cause [SHOWN]. 21 * Sec. 18. AS 47.10.090(d) is amended to read: 22 (d) Except as provided in AS 47.10.070, 47.10.080(x), and 47.10.093, the 23 [THE] name or picture of a child [MINOR] under the jurisdiction of the court may not 24 be made public in connection with the child's [MINOR'S] status as a child in need of 25 aid unless authorized by order of the court or unless to implement the permanency 26 plan for a child after all parental rights of custody have been terminated. This 27 subsection does not prohibit the release of aggregate information for statistical or 28 other informational purposes if the identity of any particular person is not 29 revealed by the release. 30 * Sec. 19. AS 47.10.092(a) is amended to read: 31 (a) Notwithstanding AS 47.10.090 and 47.10.093, an adult family member
01 [A PARENT] or legal guardian of a child subject to a proceeding under AS 47.10.005 02 - 47.10.142 may disclose confidential or privileged information about the child or the 03 child's family, including information that has been lawfully obtained from agency or 04 court files, to the governor, the lieutenant governor, a legislator, the ombudsman 05 appointed under AS 24.55, the attorney general, and the commissioner 06 [COMMISSIONERS] of health and social services, administration, or public safety, or 07 an employee of these persons, for review or use in their official capacities. The 08 department shall disclose additional confidential or privileged information and make 09 copies of documents available for inspection about the child or the child's family to 10 these state officials or employees for review or use in their official capacities upon 11 request of the official or employee and submission of satisfactory evidence that an 12 adult family member [A PARENT] or legal guardian of the child has requested the 13 state official's assistance in the case as part of the official's duties. A person to whom 14 disclosure is made under this section may not disclose confidential or privileged 15 information about the child or the child's family to a person not authorized to receive 16 it. 17 * Sec. 20. AS 47.10.092 is amended by adding new subsections to read: 18 (d) The duty imposed on the department under (a) of this section to disclose 19 information to and make copies of documents available for inspection by state 20 officials and employees upon proof that a parent has requested the assistance of the 21 state official or employee with respect to a child's case does not lapse when the 22 parent's parental rights have been terminated with respect to the child. However, the 23 duty does lapse after termination of the parent's parental rights if another parent or 24 legal guardian of the child subsequently files a notice with the department that the 25 assistance of the state official or employee is no longer requested. 26 (e) If, in response to a requirement of federal law or a request made by an 27 official identified in (a) of this section, the department initiates an internal review or 28 evaluation of its activities under this chapter, notwithstanding AS 47.10.090 and 29 47.10.093, the department shall either provide a copy of a report resulting from that 30 internal review or evaluation to the official or prepare a report of that internal review 31 and evaluation when requested to do so by an official identified in (a) of this section.
01 The report must contain a summary of the complaint, the review or evaluation process 02 used, and the outcome of the review or evaluation, including any recommendations 03 made as a result of the review. Before being disclosed, the department shall modify a 04 report prepared or produced under this subsection to exclude all personal identifying 05 information of a child, the child's family, and witnesses. 06 (f) In this section, "adult family member" means a person who is 18 years of 07 age or older and who is related to the child as the child's biological or adoptive parent, 08 grandparent, aunt, uncle, or sibling. 09 * Sec. 21. AS 47.10.093(a) is amended to read: 10 (a) Except as specified in AS 47.10.092 and in (b) - (g) and (k) - (n) [(b) - 11 (g)] of this section, all information and social records pertaining to a child [MINOR] 12 who is subject to this chapter or AS 47.17 prepared by or in the possession of a 13 federal, state, or municipal agency or employee in the discharge of the agency's or 14 employee's official duty are privileged and may not be disclosed directly or indirectly 15 to anyone without a court order. 16 * Sec. 22. AS 47.10.093(b) is amended to read: 17 (b) A state or municipal agency or employee shall disclose appropriate 18 confidential information regarding a case to 19 (1) a guardian ad litem appointed by the court; 20 (2) a person or an agency requested by the department or the child's 21 legal custodian to provide consultation or services for a child who is subject to the 22 jurisdiction of the court under AS 47.10.010 as necessary to enable the provision of 23 the consultation or services; 24 (3) a foster parent [PARENTS] or relative [RELATIVES] with 25 whom the child is placed by the department as [MAY BE] necessary to enable the 26 foster parent [PARENTS] or relative [RELATIVES] to provide appropriate care to 27 [FOR] the child [WHO IS THE SUBJECT OF THE CASE], to protect the safety of 28 the child [WHO IS THE SUBJECT OF THE CASE], and to protect the safety and 29 property of family members and visitors of the foster parent [PARENTS] or relative 30 [RELATIVES]; 31 (4) a school official [OFFICIALS] as [MAY BE] necessary to enable
01 the school to provide appropriate counseling and support services to a [THE] child 02 who is the subject of the case, to protect the safety of the child [WHO IS THE 03 SUBJECT OF THE CASE], and to protect the safety of school students and staff; 04 (5) a governmental agency as [MAY BE] necessary to obtain that 05 agency's assistance for the department in its investigation or to obtain physical custody 06 of a child; 07 (6) a law enforcement agency of this state or another jurisdiction as 08 [MAY BE] necessary for the protection of any child or for actions by that agency to 09 protect the public safety; 10 (7) a member [MEMBERS] of a multidisciplinary child protection 11 team created under AS 47.14.300 as [MAY BE] necessary for the performance of the 12 member's [THEIR] duties; 13 (8) the state medical examiner under AS 12.65 as [MAY BE] 14 necessary for the performance of the duties of the state medical examiner; 15 (9) a person who has made a report of harm as required by 16 AS 47.17.020 to inform the person that the investigation was completed and of action 17 taken to protect the child who was the subject of the report; [AND] 18 (10) the child support services agency established in AS 25.27.010 as 19 [MAY BE] necessary to establish and collect child support for a child who is a child in 20 need of aid under this chapter; 21 (11) a caregiver of a child or an entity responsible for ensuring the 22 safety of children as necessary to protect the safety of a child; and 23 (12) a review panel established by the department for the purpose 24 of reviewing the actions taken by the department in a specific case. 25 * Sec. 23. AS 47.10.093(c) is repealed and reenacted to read: 26 (c) A state or municipal law enforcement agency shall disclose information 27 regarding a case that is needed by the person or agency charged with making a 28 preliminary investigation for the information of the court under AS 47.10.020. 29 * Sec. 24. AS 47.10.093(f) is amended to read: 30 (f) The department may release to a person with a legitimate interest 31 confidential information relating to children [MINORS] not subject to the
01 jurisdiction of the court under AS 47.10.010. [THE DEPARTMENT SHALL ADOPT 02 REGULATIONS GOVERNING THE RELEASE OF INFORMATION AND 03 IDENTIFYING A SUFFICIENT LEGITIMATE INTEREST.] 04 * Sec. 25. AS 47.10.093(g) is amended to read: 05 (g) The department and affected law enforcement agencies shall work with 06 school districts and private schools to develop procedures for the disclosure of 07 confidential information to a school official [OFFICIALS] under (b)(4) of this 08 section. The procedures must provide a method for informing the principal or the 09 principal's designee of the school that the student attends as soon as it is reasonably 10 practicable. 11 * Sec. 26. AS 47.10.093 is amended by adding new subsections to read: 12 (k) The department may disclose to the public, upon request, confidential 13 information, as set out in (l) of this section, when 14 (1) the parent or guardian of a child who is the subject of a report of 15 harm under AS 47.17 has made a public disclosure concerning the department's 16 involvement with the family; 17 (2) the alleged perpetrator named in a report of harm under AS 47.17 18 has been charged with a crime concerning the alleged abuse or neglect; or 19 (3) a report of harm under AS 47.17 has resulted in the fatality or near 20 fatality of that child. 21 (l) The type of information that may be publicly disclosed under (k) of this 22 section is information related to the determination, if any, made by the department 23 regarding the validity of a report of harm under AS 47.17 and the department's 24 activities arising from the department's investigation of the report. The department 25 (1) may withhold disclosure of the child's name, picture, or other 26 information that would readily lead to the identification of the child if the department 27 determines that the disclosure would be contrary to the best interests of the child, the 28 child's siblings, or other children in the child's household; or 29 (2) after consultation with a prosecuting attorney, may withhold 30 disclosure of information that would reasonably be expected to interfere with a 31 criminal investigation or proceeding or a criminal defendant's right to a fair trial in a
01 criminal proceeding. 02 (m) Except for a disclosure made under (k) of this section, a person to whom 03 disclosure is made under this section may not disclose confidential information about 04 the child or the child's family to a person not authorized to receive it. 05 (n) The department may adopt regulations to implement and interpret its 06 duties under this section, including regulations governing the release of confidential 07 information and identifying a sufficient legitimate interest under (f) of this section. 08 * Sec. 27. AS 47.10 is amended by adding a new section to read: 09 Sec. 47.10.094. Immunity from liability. A person may not bring an action 10 for damages against the state, a municipality, or state or municipal agencies, officers, 11 employees, or agents based on the disclosure or nondisclosure of information in 12 accordance with this chapter. 13 * Sec. 28. AS 47.10.142 is amended by adding a new subsection to read: 14 (i) Within 60 days after a court orders a child committed to the department 15 under this section, the department shall inform the parties about the citizen review 16 panel established under AS 47.14.205. 17 * Sec. 29. AS 47.10 is amended by adding a new section to read: 18 Sec. 47.10.145. Expert witness testimony regarding absent parent, 19 guardian, or custodian. If the court finds by clear and convincing evidence that a 20 parent, guardian, or custodian of a child cannot be located after a reasonable search for 21 the parent, guardian, or custodian has been conducted by the department, the court 22 may conclude that the testimony of a qualified expert witness would support a finding 23 that continued custody of the child by the absent parent, guardian, or custodian is 24 likely to result in serious emotional or physical damage to the child. 25 * Sec. 30. AS 47.10.960 is amended to read: 26 Sec. 47.10.960. Duty and standard of care [NOT] created. The 27 department shall adopt regulations establishing [NOTHING IN THIS TITLE 28 CREATES] a duty and [OR] standard of care for services to children and their 29 families being served under this chapter [AS 47.10]. The regulations must be 30 consistent in all relevant respects with the code of professional ethics and the 31 standards of practice for social workers adopted by the Board of Social Work
01 Examiners under AS 08.95. 02 * Sec. 31. AS 47.10.990(16) is amended to read: 03 (16) "mental health professional" has the meaning given in 04 AS 47.30.915, except that, if the child is placed in another state by the 05 department, "mental health professional" also includes a professional listed in 06 the definition of "mental health professional" in AS 47.30.915 who is not licensed 07 to practice by a board of this state but is licensed by a corresponding licensing 08 authority to practice in the state in which the child is placed; 09 * Sec. 32. AS 47.10.990 is amended by adding a new paragraph to read: 10 (28) "near fatality" means physical injury or other harm, as certified by 11 a physician, caused by an act or omission that created a substantial risk of death. 12 * Sec. 33. AS 47.12.990(10) is amended to read: 13 (10) "mental health professional" has the meaning given in 14 AS 47.30.915, except that, if the minor is placed in another state by the 15 department, "mental health professional" also includes a professional listed in 16 the definition of "mental health professional" in AS 47.30.915 who is not licensed 17 to practice by a board of this state but is licensed by a corresponding licensing 18 authority to practice in the state in which the minor is placed; 19 * Sec. 34. AS 47.14.100(e) is amended to read: 20 (e) A child may not be placed in a foster home or in the care of an agency or 21 institution providing care for children if a relative by blood or marriage, family 22 friend, or neighbor requests placement of the child in the [RELATIVE'S] home of 23 the relative, family friend, or neighbor and the parent or guardian of the child 24 agrees to the placement. However, the department may retain custody of the child 25 and provide for its placement in the same manner as for other children if the 26 department 27 (1) makes a determination, supported by clear and convincing 28 evidence, that placement of the child with the relative, family friend, or neighbor 29 will result in physical or mental injury; in making that determination, poverty, 30 including inadequate or crowded housing, on the part of the [BLOOD] relative, family 31 friend, or neighbor is not considered prima facie evidence that physical or emotional
01 damage to the child will occur; this determination may be appealed to the superior 02 court to hear the matter de novo; 03 (2) determines that a member of the relative's, family friend's, or 04 neighbor's household who is 12 years of age or older was the perpetrator in a 05 substantiated report of abuse under AS 47.17; or 06 (3) determines that a member of the relative's, family friend's, or 07 neighbor's household who is 12 years of age or older is under arrest for, charged with, 08 has been convicted of, or has been found not guilty by reason of insanity of, a serious 09 offense; notwithstanding this paragraph, the department may place or continue the 10 placement of a child at the relative's, family friend's, or neighbor's home if the 11 relative, family friend, or neighbor demonstrates to the satisfaction of the department 12 that conduct described in this paragraph occurred at least five years before the 13 intended placement and the conduct 14 (A) did not involve a victim who was under 18 years of age at 15 the time of the conduct; 16 (B) was not a crime of domestic violence as defined in 17 AS 18.66.990; and 18 (C) was not a violent crime under AS 11.41.100 - 11.41.455 or 19 a law or ordinance of another jurisdiction having similar elements. 20 * Sec. 35. AS 47.14.100(f) is amended to read: 21 (f) If a blood relative of the child specified under (e) of this section exists and 22 agrees that the child should be placed elsewhere, before placement elsewhere, the 23 department shall fully communicate the nature of the placement proceedings to the 24 relative. Communication under this subsection shall be made in the relative's native 25 language, if necessary. [NOTHING IN THIS SUBSECTION OR IN (e) OF THIS 26 SECTION APPLIES TO CHILD PLACEMENT FOR ADOPTIVE PURPOSES.] 27 * Sec. 36. AS 47.14 is amended by adding a new section to article 3 to read: 28 Sec. 47.14.205. Citizens' Review Panels for Permanency Planning. (a) 29 There is created in the Department of Administration three Citizens' Review Panels for 30 Permanency Planning. Each state panel shall consist of five members appointed by 31 the governor from a broad representation of individuals located in the communities
01 served and including individuals with expertise in the prevention and treatment of 02 child abuse and neglect. The governor shall appoint at least one state panel member 03 from each judicial district. The governor may not appoint a person who has 04 committed a felony or violated AS 11.51.130 or a law with substantially similar 05 elements. The governor may designate an existing entity established under state or 06 federal law as a state panel if the entity performs the functions set out under 07 AS 47.14.205 - 47.14.295. 08 (b) Members of the state panels serve at the pleasure of the governor for 09 staggered terms of three years or until their successors are appointed. 10 (c) The members of each state panel shall elect from among the members a 11 chair who shall serve for one year. Three members of each state panel constitute a 12 quorum for the transaction of business. A panel may not take official action without 13 the affirmative vote of at least three of its members. 14 (d) Members of the state panels are entitled to reimbursement for actual 15 expenses necessary to perform their duties as state panel members. The 16 reimbursement may not exceed the amount of per diem and expenses authorized for 17 boards and commissions under AS 39.20.180. 18 (e) The state panels shall meet not less than every three months. Meetings 19 may take place telephonically. 20 (f) The state panels may employ a program manager and two assistant 21 managers who shall serve at the pleasure of the state panels. The program manager 22 shall employ staff as necessary to carry out the program manager's duties under state 23 panel directives and to provide clerical assistance to the state panels. 24 (g) When a person is appointed to serve on a state panel, the person shall 25 swear or affirm to keep confidential all information that comes before the state panel 26 except for nonidentifying case information included in a report required under 27 AS 47.17, or as required by court order for good cause shown. A state panel member 28 may also share confidential information with other members of the state panel and 29 staff who serve a state panel. 30 * Sec. 37. AS 47.14 is amended by adding a new section to article 3 to read: 31 Sec. 47.14.215. Duties of the state panels. The state panels shall
01 (1) by regulation adopt policies and procedures to carry out the panels' 02 duties; 03 (2) examine the policies, procedures, and practices of state and local 04 agencies involved in making or investigating a report of harm to a child; 05 (3) where appropriate, evaluate specific cases of a report of child abuse 06 or neglect to determine the extent to which the state and local child protection systems 07 are effectively discharging child protection responsibilities under 08 (A) the state plan submitted to the United States Department of 09 Health and Human Services; 10 (B) child protection standards under federal and state laws; 11 (C) any other criteria that the panel considers important to 12 ensuring the protection of children, including the level and efficiency of 13 coordination of foster care and adoption programs in the state and a review of 14 child fatalities and near fatalities; and 15 (4) report annually to the governor by the 10th day of each regular 16 legislative session, concerning the activities of the state panels during the previous 17 fiscal year; the report must include a summary of the information gathered and 18 recommendations made under paragraphs (2) and (3) of this section, the number of 19 cases reviewed by each panel, a description of the characteristics of the children 20 whose cases were reviewed by the panels, the number of children reunited with their 21 families, the number of children placed in other permanent homes, and the timeliness 22 of each review conducted under this section; the report may contain other information 23 on the experience of the panels. 24 * Sec. 38. AS 47.14 is amended by adding a new section to article 3 to read: 25 Sec. 47.14.225. Cooperation with state panels. The department, the 26 Department of Law, the Public Defender Agency, the office of public advocacy, and 27 the court system shall cooperate with the state panels to facilitate timely review of 28 plans for children whose cases are under the jurisdiction of the panels and to facilitate 29 access to records required under AS 47.14.235. 30 * Sec. 39. AS 47.14 is amended by adding a new section to article 3 to read: 31 Sec. 47.14.235. Records; communications. (a) Notwithstanding
01 AS 47.10.090, at the request of a state panel, the department, the child's guardian ad 02 litem, and the court shall furnish to the state panel relevant records concerning a child 03 and the child's family who are the subjects of a state panel review. At the conclusion 04 of a review, all copies of records provided to a state panel under this section shall be 05 returned to the staff that serves the state panel or to the agency from which the original 06 copy was obtained, unless the panel members need the copies to prepare the reports 07 required under AS 47.14.215. Copies retained for preparation of the reports shall be 08 returned to the staff that serves the state panel or to the originating agency upon 09 completion of the reports. Notwithstanding AS 44.62.310, records and reports of the 10 state panel, testimony before the state panel, and deliberations of the state panel are 11 confidential under AS 47.10.090. 12 (b) A state panel member may not reveal to another person, other than another 13 member of the state panel or the staff serving the state panel, a communication made 14 to the member while performing the member's duties under AS 47.14.205 - 47.14.295, 15 except as required under AS 47.17 or as required by court order for good cause shown. 16 A state panel member may disclose information related to the state panel member's 17 performance of official duties if the state panel member omits identifying information. 18 (c) A state panel proceeding is not governed by AS 44.62.310. 19 * Sec. 40. AS 47.14 is amended by adding a new section to article 3 to read: 20 Sec. 47.14.245. Court review of report. (a) When a report is admissible 21 under court rules, the court may consider the report of the state panel in its review 22 under AS 47.10.080(f) and at other disposition hearings other than hearings related to 23 delinquency proceedings. 24 (b) The court may refer to the state panel a case called for a special review 25 under AS 47.10.080(f). 26 * Sec. 41. AS 47.14 is amended by adding a new section to article 3 to read: 27 Sec. 47.14.255. Liability and indemnification of panel members. (a) A 28 state panel member shall be indemnified by the state for civil liability for a negligent 29 act or omission of the panel member that occurs in the performance of the member's 30 duties under AS 47.14.205 - 47.14.295, unless the civil liability results from the panel 31 member's violation of
01 (1) AS 47.14.235(b); or 02 (2) the oath or affirmation required under AS 47.14.205(g). 03 (b) A violation of (a)(1) or (2) of this section is subject to a civil penalty of up 04 to $2,500 for each violation. 05 * Sec. 42. AS 47.14 is amended by adding a new section to article 3 to read: 06 Sec. 47.14.295. Definitions. In AS 47.14.205 - 47.14.295, 07 (1) "state panel" or "state panels" means one or all of the Citizens' 08 Review Panels for Permanency Planning established under AS 47.14.205; 09 (2) "near fatality" has the meaning given in AS 47.10.990. 10 * Sec. 43. AS 47.17.025 is amended by adding a new subsection to read: 11 (c) Within 20 days after receiving a report of harm, whether or not the matter 12 is referred to a local government agency, the department shall notify the person who 13 made the report about the status of the investigation, without disclosing any 14 confidential information. 15 * Sec. 44. AS 47.17.027(a) is amended to read: 16 (a) If the department or a law enforcement agency provides written 17 certification to the child's school officials that (1) there is reasonable cause to suspect 18 that the child has been abused or neglected by a person responsible for the child's 19 welfare or as a result of conditions created by a person responsible for the child's 20 welfare; (2) an interview at school is a necessary part of an investigation to determine 21 whether the child has been abused or neglected; and (3) the interview at school is in 22 the best interests of the child, school officials shall permit the child to be interviewed 23 at school by the department or a law enforcement agency before notification of, or 24 receiving permission from, the child's parent, guardian, or custodian. A school official 25 shall be present during an interview at the school unless the child objects or the 26 department or law enforcement agency determines that the presence of the school 27 official will interfere with the investigation. The interview shall be conducted as 28 required under AS 47.17.033. Immediately after conducting an interview authorized 29 under this section, and after informing the child of the intention to notify the child's 30 parent, guardian, or custodian, the department or agency shall make every reasonable 31 effort to notify the child's parent, guardian, or custodian that the interview occurred
01 unless it appears to the department or agency that notifying the child's parent, 02 guardian, or custodian would endanger the child. 03 * Sec. 45. AS 47.17.033 is amended by adding new subsections to read: 04 (c) An investigation by the department of child abuse or neglect reported 05 under this chapter shall be conducted by a person trained to conduct a child abuse and 06 neglect investigation and without subjecting a child to more than one interview about 07 the abuse or neglect except when new information is obtained that requires further 08 information from the child. 09 (d) An interview of a child conducted as a result of a report of harm may be 10 audiotaped or videotaped. However, if an interview of a child is to be electronically 11 recorded and the interview concerns a report of sexual abuse of the child, the interview 12 shall be videotaped, except that an interview of a child may not be videotaped if 13 videotaping the interview is impracticable or will, in the opinion of the investigating 14 agency, result in trauma to the child. 15 (e) An interview of a child that is audiotaped or videotaped under (d) of this 16 section shall be conducted 17 (1) by a person trained and competent to conduct the interview; 18 (2) if available, at a child advocacy center; and 19 (3) by a person who is a party to a memorandum of understanding with 20 the department to conduct the interview or who is employed by an agency that is 21 authorized to conduct investigations. 22 (f) An interview of a child may not be videotaped more than one time unless 23 the interviewer or the investigating agency determines that one or more additional 24 interviews are necessary to complete an investigation. If additional interviews are 25 necessary, the additional interviews shall be conducted, to the extent possible, by the 26 same interviewer who conducted the initial interview of the child. 27 (g) A recorded interview of a child shall be preserved in the manner and for a 28 period provided by law for maintaining evidence and records of a public agency. 29 (h) A recorded interview of a child is subject to disclosure under the 30 applicable court rules for discovery in a civil or criminal case. 31 * Sec. 46. AS 47.35.015 is amended by adding a new subsection to read:
01 (j) If a person operates a foster home to provide care only for a relative and the 02 department requires licensure under an agreement for services, the department shall 03 issue a temporary license to an eligible person while an application for a license under 04 this section is pending. The department shall issue the temporary license to the 05 applicant within five days after receiving a complete application for a foster care 06 license under AS 47.35.017. A temporary license is valid for 90 days or until a license 07 is either issued under AS 47.35.017 or denied under AS 47.35.019, whichever is 08 sooner. 09 * Sec. 47. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 DIRECT COURT RULE AMENDMENT. Rule 3(c), Alaska Child in Need of 12 Aid Rules of Procedure, is amended to read: 13 (c) Presence of Grandparent or Foster Parent. A grandparent of a child 14 and the foster parent or other out-of-home care provider are [IS] entitled to be heard 15 at any hearing at which the person is present. However, the court may limit the 16 presence of these persons in a hearing that has been closed to the public under 17 (f)(2) of this rule [THE FOSTER PARENT OR CARE PROVIDER] to the time 18 during which the person's testimony is being given if the court determines that such 19 a limitation is necessary under the circumstances listed in (f)(2)(C) of this rule [IT 20 IS (1) IN THE BEST INTEREST OF THE CHILD; OR (2) NECESSARY TO 21 PROTECT THE PRIVACY INTERESTS OF THE PARTIES AND WILL NOT BE 22 DETRIMENTAL TO THE CHILD]. 23 * Sec. 48. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 DIRECT COURT RULE AMENDMENT. Rule 3(f), Alaska Child in Need of 26 Aid Rules of Procedure, is repealed and reenacted to read: 27 (f) General Public Access to Hearings. 28 (1) Except as provided in (2) of this paragraph, and unless prohibited 29 by federal or state statute or regulation, court order, or other court rule, hearings are 30 open to the public. 31 (2) The following hearings are closed to the public:
01 (A) the initial court hearing after the filing of a petition that 02 begins the child-in-need-of-aid case; 03 (B) a hearing following the initial hearing in which a parent, 04 child, or other party to the case is present but has not had an opportunity to 05 obtain legal representation; 06 (C) a hearing, or a part of a hearing, for which the court issues 07 a written order finding that allowing the hearing, or part of the hearing, to be 08 open to the public would reasonably be expected to stigmatize or be 09 emotionally damaging to a child; inhibit a child's testimony in the hearing; 10 disclose matters otherwise required to be kept confidential by state or federal 11 statute or regulation, court order, or court rule; or interfere with a criminal 12 investigation or proceeding or a criminal defendant's right to a fair trial in a 13 criminal proceeding. 14 (3) Before ruling on a request under (2)(C) of this paragraph 15 concerning potential interference with a criminal investigation or proceeding, the court 16 shall give notice and an opportunity to be heard to the state or a municipal agency that 17 is assigned to the criminal investigation or to the prosecuting attorney. 18 (4) If the court closes a hearing to the public under (2)(C) of this 19 paragraph, the court shall close only the portions of the hearing necessary to prevent 20 the potential harm listed in (2)(C) of this paragraph. If a hearing, or part of a hearing, 21 is open to the public, the court shall hear in camera any information offered regarding 22 the location, or readily leading to the location, of a parent, child, or other party to the 23 case who is a victim of domestic violence. Access to testimony heard in camera under 24 this subparagraph is limited to the court and authorized court personnel. 25 (5) Notwithstanding any other provision of this rule, the court shall 26 issue an order to prohibit all persons in a hearing open to the public from disclosing to 27 any person a name, picture, or other information that would readily lead to the 28 identification of a child who is the subject of the proceeding. If a person violates the 29 order, the court may impose any appropriate sanction, including contempt and closure 30 of any further hearings in the proceeding to the person. 31 (6) A party to the proceeding may move the court to close to the public
01 a hearing, or part of the hearing, to avoid the harm specified in (2)(C) of this 02 paragraph. A member of the public may request in writing to be served with a motion 03 filed under this subparagraph. If such a request has been filed in advance of the filing 04 of the motion, the party filing the motion must also serve the member of the public 05 who requested notice under this subparagraph. The court may waive the service 06 required under this subparagraph to a member of the public if a motion to close the 07 hearing, or part of the hearing, is made under this subparagraph immediately before or 08 during the hearing and the court finds that 09 (A) the need for closure was not reasonably foreseeable 10 sufficiently in advance of the hearing to allow for notice; 11 (B) there is good cause not to delay the hearing in order to 12 achieve notice, taking into consideration the age of the child and the potential 13 adverse effect that a delay could have on the child; and 14 (C) whatever notice is practicable under the circumstances has 15 occurred. 16 * Sec. 49. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 DIRECT COURT RULE AMENDMENT. Rule 3, Alaska Child in Need of 19 Aid Rules of Procedure, is amended by adding a new subsection to read: 20 (j) Use of Child's Name and Identifying Information Prohibited. 21 References to a child shall be made using the child's first name only. All identifying 22 information of the child, including the child's last name, address, and the names of the 23 child's immediate family members, shall be protected during the hearing so that only 24 the confidential record contains that information. If a child appears at the hearing, the 25 child shall be located away from view of the public. 26 * Sec. 50. The uncodified law of the State of Alaska is amended by adding a new section to 27 read: 28 DIRECT COURT RULE AMENDMENT. Rule 18(e), Alaska Child in Need 29 of Aid Rules of Procedure, is amended to read: 30 (e) Trial. A trial on the petition to terminate parental rights 31 (1) shall be held within six months after the date on which the petition
01 to terminate parental rights is filed, unless the court finds that good cause is shown for 02 a continuance; when [. WHEN] determining whether to grant a continuance for good 03 cause, the court shall take into consideration the age of the child and the potential 04 adverse effect that the delay may have on the child; the [. THE] court shall make 05 written findings when granting a continuance; 06 (2) shall be by jury when a jury trial has been demanded and not 07 waived by a party as provided in Rules 38 and 39, Alaska Rules of Civil 08 Procedure. 09 * Sec. 51. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 DIRECT COURT RULE AMENDMENT. Rule 18(g), Alaska Child in Need 12 of Aid Rules of Procedure, is amended to read: 13 (g) Judgment. The court shall make findings of fact for matters tried to the 14 court and shall enter an order within 90 days after the last day of trial on the petition 15 to terminate parental rights. The court shall commit the child to the custody of the 16 Department if parental rights are terminated. 17 * Sec. 52. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 DIRECT COURT RULE AMENDMENT. Rule 22(c), Alaska Child in Need 20 of Aid Rules of Procedure, is amended to read: 21 (c) Child's Name or Picture. The name or picture of a child who is the 22 subject of a CINA proceeding may not be made available to the public unless 23 authorized by court order accompanied by a written statement reciting the 24 circumstances which support such authorization, or unless to implement the 25 permanency plan for the child after all parental rights of custody have been 26 terminated. 27 * Sec. 53. The uncodified law of the State of Alaska is amended by adding a new section to 28 read: 29 DIRECT COURT RULE AMENDMENT. Rule 9(a), Alaska Adoption Rules, 30 is amended to read: 31 (a) Form. A consent or relinquishment must be in writing and must include:
01 (1) notice of the person's right to withdraw the consent or 02 relinquishment as provided by paragraphs (g) and (h) of this rule; 03 (2) the address and telephone number of the court in which the 04 adoption or relinquishment proceeding has or is expected to be filed; 05 (3) a statement of the right to counsel as stated in Rule 8; 06 (4) a statement concerning whether or not any visitation rights or 07 other parental privileges are sought to be retained after the adoption; 08 (5) if a consent, the information required in AS 25.23.060; and 09 (6) if signed by a parent, a statement of whether the parent is a minor. 10 * Sec. 54. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 DIRECT COURT RULE AMENDMENT. Rule 13(a), Alaska Adoption 13 Rules, is amended to read: 14 (a) Voluntary Relinquishment. A decree terminating parental rights may be 15 entered after a voluntary relinquishment pursuant to AS 25.23.180. The court shall 16 enter findings of fact which must include a statement concerning whether visitation 17 rights are being allowed under AS 25.23.130(c) or AS 25.23.180, whether other 18 privileges are being retained under AS 25.23.180, and whether the time limit for 19 withdrawal of the relinquishment has elapsed. If the relinquishment was signed in the 20 presence of the court, findings also must be entered as to whether the parent 21 understood the consequences of the relinquishment, and whether the relinquishment 22 was voluntarily signed. 23 In the case of a voluntary relinquishment of parental rights to an Indian child, 24 the court shall make additional findings concerning whether any notice required by 25 Rule 10(e) was timely given; whether the relinquishment was voluntary and in 26 compliance with the requirements of 25 U.S.C. Section 1913; and whether the child's 27 placement complies with the preferences set out in 25 U.S.C. Section 1915 or good 28 cause exists for deviation from the placement preference. 29 * Sec. 55. The uncodified law of the State of Alaska is amended by adding a new section to 30 read: 31 INDIRECT COURT RULE AMENDMENT. AS 25.23.180(j), added by sec. 2 of this
01 Act, amends Rules 9 and 13, Alaska Adoption Rules, by requiring retained privileges to be set 02 out in the relinquishment form and order. 03 * Sec. 56. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 INDIRECT COURT RULE AMENDMENT. (a) Sections 9 and 10 of this Act 06 AS 47.10.080(x), enacted by sec. 13 of this Act, and AS 47.10.088(o), enacted by sec. 15 of 07 this Act, have the effect of changing Rule 3, Alaska Child in Need of Aid Rules of Procedure, 08 by allowing members of the public to attend court hearings except in certain circumstances. 09 (b) AS 47.10.065, enacted by sec. 8 of this Act, and AS 47.10.080(c), as amended by 10 sec. 11 of this Act, have the effect of changing Rule 18, Alaska Child in Need of Aid Rules of 11 Procedure, by providing for a right to a jury trial on a petition to terminate parental rights. 12 (c) Sections 18 and 21 - 26 of this Act have the effect of changing Rule 22, Alaska 13 Child in Need of Aid Rules of Procedure, by allowing the disclosure of confidential 14 information pertaining to a child, including a child's name or picture to be made public in 15 certain circumstances. 16 * Sec. 57. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 TWO-THIRDS VOTE NOT REQUIRED FOR CERTAIN AMENDMENTS. 19 Because the enactment of AS 47.10.065 and the amendments to AS 47.10.080(c) and Rules 20 18(e) and 18(g), Alaska Child in Need of Aid Rules of Procedure, to the extent that the 21 enactment and amendments provide a right to a jury trial on a petition to terminate parental 22 rights, affect a substantive right, secs. 8, 11, 50, 51, and 56 of this Act do not require a two- 23 thirds vote of the legislature to confer the right to a jury trial on a petition to terminate 24 parental rights. 25 * Sec. 58. The uncodified law of the State of Alaska is amended by adding a new section to 26 read: 27 INITIAL MEMBERS OF STATE PANEL. (a) Notwithstanding AS 47.14.205(b), 28 enacted by sec. 36 of this Act, the governor shall appoint the initial public members of each of 29 the Citizens' Review Panel for Permanency Planning so that one member of each panel serves 30 a one-year term, two members of each panel serve two-year terms, and two members of each 31 panel serve three-year terms.
01 (b) The initial public members must be persons who have experience, special 02 knowledge, or a demonstrated interest in the welfare of children. 03 * Sec. 59. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 APPLICABILITY. (a) AS 47.10.065, enacted by sec. 8 of this Act, 47.10.080(c), as 06 amended by sec. 11 of this Act, and Rules 18(e) and 18(g), Alaska Child in Need of Aid Rules 07 of Procedure, as amended by secs. 50 and 51 of this Act, apply to petitions to terminate 08 parental rights that are filed on or after the effective date of secs. 8, 11, 50, and 51 of this Act. 09 (b) The amendments to Rule 3, Alaska Child in Need of Aid Rules of Procedure, 10 made by secs. 47 - 49 of this Act, apply to hearings that are conducted on or after the effective 11 date of secs. 47 - 49 of this Act. 12 (c) Sections 9 - 11, 13, 15, 17, 18, 21 - 27, 32, 47 - 49, and 52 of this Act apply to all 13 proceedings and hearings conducted on or after the effective date of those sections. 14 (d) Sections 9, 10, 13, 15, and 18 - 27 of this Act apply to all information, records, 15 and files created on or after the effective date of those sections; however, if a file contains 16 information and records that were created before the effective date of secs. 9, 10, 13, 15, and 17 18 - 27 of this Act, that information and those records retain the confidentiality status that 18 they had under the law on the day before the effective date of secs. 9, 10, 13, 15, and 18 - 27 19 of this Act. 20 * Sec. 60. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 TRANSITION: REGULATIONS. The Department of Health and Social Services 23 may proceed to adopt regulations necessary to implement the changes made by this Act. The 24 regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the 25 effective date of the relevant statutory change. 26 * Sec. 61. The uncodified law of the State of Alaska is amended by adding a new section to 27 read: 28 REPORT. By December 1, 2006, the governor shall issue a report, including any 29 recommendations for statutory changes, to the public and the legislature on the 30 implementation of this Act. 31 * Sec. 62. The uncodified law of the State of Alaska is amended by adding a new section to
01 read: 02 CONDITIONAL EFFECT. (a) That portion of Rule 18(e)(2), Alaska Child in Need 03 of Aid Rules of Procedure, added by sec. 50 of this Act, that reads "and not waived by a party 04 as provided in Rules 38 and 39, Alaska Rules of Civil Procedure," takes effect only if sec. 50 05 of this Act receives the two-thirds majority vote of each house required by art. IV, sec. 15, 06 Constitution of the State of Alaska. 07 (b) The amendments to Rule 3, Alaska Child in Need of Aid Rules of Procedure, 08 made by secs. 47 - 49 of this Act, take effect only if secs. 47 - 49 of this Act receive the two- 09 thirds majority vote of each house required by art. IV, sec. 15, Constitution of the State of 10 Alaska. 11 (c) The amendments to Rule 22(c), Alaska Child in Need of Aid Rules of Procedure, 12 made by sec. 52 of this Act take effect only if sec. 52 of this Act receives the two-thirds 13 majority vote of each house required by Art. IV, sec. 15, Constitution of the State of Alaska. 14 (d) Sections 9 and 10 of this Act, AS 47.10.080(x), enacted by sec. 13 of this Act, 15 AS 47.10.088(o), enacted by sec. 15 of this Act, and secs. 18 and 21 - 27 of this Act, take 16 effect only if secs. 47 - 49, 52, and 56(a) and (c) of this Act receive the two-thirds majority 17 vote of each house as required by art. IV, sec. 15, Constitution of the State of Alaska. 18 (e) Rule 9(a), Alaska Adoption Rules, as amended by sec. 53 of this Act, takes effect 19 only if sec. 53 of this Act receives the two-thirds majority vote of each house required by art. 20 IV, sec. 15, Constitution of the State of Alaska. 21 (f) Rule 13(a), Alaska Adoption Rules, as amended by sec. 54 of this Act, takes effect 22 only if sec. 54 of this Act receives the two-thirds majority vote of each house required by art. 23 IV, sec. 15, Constitution of the State of Alaska. 24 (g) AS 25.23.180(j), added by sec. 2 of this Act, takes effect only if sec. 55 of this Act 25 receives the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution 26 of the State of Alaska. 27 * Sec. 63. AS 47.10.960, as amended by sec. 30 of this Act, takes effect 180 days after the 28 effective date of sec. 1 of this Act. 29 * Sec. 64. If, under sec. 62 of this Act, secs. 9 and 10 of this Act, AS 47.10.080(x), enacted 30 by sec. 13 of this Act, AS 47.10.088(o), enacted by sec. 15 of this Act, and secs. 18 and 21 - 31 27 of this Act take effect, they take effect July 1, 2005.
01 * Sec. 65. Except as provided in secs. 63 and 64 of this Act, this Act takes effect 02 immediately under AS 01.10.070(c).