CSSSHB 53(JUD): "An Act relating to child-in-need-of-aid proceedings; amending the construction of statutes pertaining to children in need of aid; relating to guardianships; relating 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 proceedings regarding voluntary relinquishment and termination of a parent and child relationship, to eligibility for permanent fund dividends for certain children in the custody of the state, and to juvenile delinquency proceedings and placements; reestablishing and relating to a state citizens' review panel; amending the duty to disclose information pertaining to a child in need of aid; relating 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; relating to consent for the medication of children in state custody; prescribing the rights of family members related to child-in-need-of-aid cases and establishing a familial 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 Rules 9 and 13, Alaska Adoption Rules, Rules 3, 17.2, 18, and 22, Alaska Child in Need of Aid Rules of Procedure, and Rules 14 and 15, Alaska Rules of Probate Procedure; and providing for an effective date."
00 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 53(JUD) 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 guardianships; relating to the 03 confidentiality of investigations, court hearings, and public agency records and 04 information in child-in-need-of-aid matters and certain child protection matters, to 05 immunity regarding disclosure of information in child-in-need-of-aid matters and 06 certain child protection matters, to proceedings regarding voluntary relinquishment and 07 termination of a parent and child relationship, to eligibility for permanent fund 08 dividends for certain children in the custody of the state, and to juvenile delinquency 09 proceedings and placements; reestablishing and relating to a state citizens' review panel; 10 amending the duty to disclose information pertaining to a child in need of aid; relating 11 to disclosure of confidential or privileged information about children and families 12 involved with children's services within the Department of Health and Social Services to
01 officials for review or use in official capacities; relating to reports of harm and to 02 adoptions and foster care; relating to consent for the medication of children in state 03 custody; prescribing the rights of family members related to child-in-need-of-aid cases 04 and establishing a familial priority for adoption in certain child-in-need-of-aid cases; 05 modifying adoption and placement procedures in certain child-in-need-of-aid cases; 06 amending Rules 9 and 13, Alaska Adoption Rules, Rules 3, 17.2, 18, and 22, Alaska 07 Child in Need of Aid Rules of Procedure, and Rules 14 and 15, Alaska Rules of Probate 08 Procedure; and providing for an effective date." 09 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 10 * Section 1. AS 13.26.055 is amended to read: 11 Sec. 13.26.055. Court appointment of guardian of minor; qualifications; 12 priority of minor's nominee and adult family member. (a) The court may appoint 13 as guardian any person whose appointment would be in the best interests of the minor. 14 Except as provided in (b) of this section, the [THE] court shall appoint a person 15 nominated by the minor, if the minor is 14 years of age or older, unless the court finds 16 the appointment contrary to the best interests of the minor. 17 * Sec. 2. AS 13.26.055 is amended by adding a new subsection to read: 18 (b) If an adult family member is available and willing to serve as a guardian of 19 a minor, the court shall appoint the adult family member as guardian unless 20 (1) the court finds the appointment contrary to the best interests of the 21 minor; and 22 (2) the person is not nominated by the minor under (a). 23 * Sec. 3. AS 13.26 is amended by adding a new section to read: 24 Sec. 13.26.064. Guardianship after voluntary relinquishment; procedure. 25 In addition to the applicable procedures under this chapter, a guardianship decree and 26 review of a guardianship decree are governed by the procedures established under 27 AS 25.23.180 and, for a child-in-need-of-aid, AS 47.10.089, pertaining to voluntary 28 relinquishment of parental rights and retaining of parental privileges in a guardianship
01 decree. 02 * Sec. 4. AS 25.23 is amended by adding a new section to read: 03 Sec. 25.23.127. Adult family member preference to adopt. 04 Notwithstanding a child's stated preference under AS 25.23.125 and 25.23.040(a)(5), 05 an adult family member who has had physical custody of a child for at least twelve 06 consecutive months when the parental rights to the child have been terminated under 07 AS 47.10.080(c)(3) shall be permitted to adopt the child before any other person. The 08 adult family member may exercise the right granted under this section by filing a 09 petition under AS 25.23.080. The court shall grant the adult family member's petition 10 unless the court finds good cause not to grant the petition. In this section, "adult 11 family member" has the meaning given in AS 47.10.990. 12 * Sec. 5. AS 25.23.180 is amended by adding new subsections to read: 13 (j) In a relinquishment of parental rights executed under (a) of this section, a 14 parent may retain privileges with respect to the child, including the ability to have 15 future contact, communication, and visitation with the child. A retained privilege 16 must be stated with specificity in writing, and, not less than 10 days after the 17 relinquishment is signed, the court may enter an order terminating parental rights if the 18 court finds that termination of parental rights under the terms of the agreement is in 19 the child's best interest. If a parent has retained one or more privileges, the court shall 20 incorporate the retained privileges into the termination order with a recommendation 21 that the retained privileges be incorporated in an adoption or legal guardianship 22 decree. 23 (k) A voluntary relinquishment may not be withdrawn and a termination order 24 may not be vacated on the ground that a retained privilege has been withheld from the 25 relinquishing parent or that the relinquishing parent has been unable, for any reason, to 26 act on a retained privilege, except as provided in Rule 60(b), Alaska Rules of Civil 27 Procedure. 28 (l) After a termination order is entered, a person who has voluntarily 29 relinquished parental rights under this section may request a review hearing, upon a 30 showing of good cause, to seek enforcement or modification of or to vacate a privilege 31 retained in the termination order. The court may modify, enforce, or vacate the
01 retained privilege if the court finds, by clear and convincing evidence, that it is in the 02 best interest of the child to do so. 03 (m) After a termination order is entered and before the entry of an adoption or 04 legal guardianship decree, a prospective adoptive parent or a guardian of the child may 05 request, after providing notice as specified under this subsection, that the court decline 06 to incorporate a privilege retained in a termination order and recommended for 07 incorporation in an adoption or guardianship decree under (j) of this section. If the 08 person who has relinquished parental rights to the child who is the subject of the 09 adoption or guardianship decree did not waive rights to notice of adoption under (b) of 10 this section, the request made under this subsection may only be considered by the 11 court after providing at least 20 days' notice by certified mail to the last known address 12 of the person who has voluntarily relinquished parental rights to the child. The notice 13 under this subsection must describe the request and explain that the recipient of the 14 notice may submit a written statement under penalty of perjury to the court that the 15 recipient either agrees with or opposes the request. The notice must also include the 16 deadline for submitting the statement and the mailing address of the court. The court 17 may decline to incorporate a retained privilege if the person who retained the privilege 18 agrees with the request or if the court finds that it is in the child's best interest. 19 (n) A person who relinquished parental rights is entitled to the appointment of 20 an attorney if a hearing is requested under (l) or (m) of this section to the same extent 21 as if the parent's rights had not been terminated in a child-in-need-of-aid proceeding. 22 * Sec. 6. AS 43.23.005(f) is amended to read: 23 (f) The [IN A TIME OF NATIONAL MILITARY EMERGENCY, THE] 24 commissioner may waive the requirement of (a)(4) of this section for an individual 25 absent from the state 26 (1) in a time of national military emergency under military orders 27 while serving in the armed forces of the United States, or for the spouse and 28 dependents of that individual; or 29 (2) while in the custody of the Department of Health and Social 30 Services in accordance with a court order under AS 47.10 or AS 47.12 and placed 31 outside of the state by the Department of Health and Social Services for purposes
01 of medical or behavioral treatment. 02 * Sec. 7. AS 47.10.005 is amended to read: 03 Sec. 47.10.005. Construction. The provisions of this chapter shall be 04 liberally construed to 05 (1) achieve the end that a child coming within the jurisdiction of the 06 court under this chapter may receive the care, guidance, treatment, and control that 07 will promote the child's welfare and the parents' participation in the upbringing of 08 the child; and 09 (2) follow the findings set out in AS 47.05.065. 10 * Sec. 8. AS 47.10.020(a) is amended to read: 11 (a) Whenever circumstances subject a child to the jurisdiction of the court 12 under AS 47.10.005 - 47.10.142, the court shall appoint a competent person or agency 13 to make a preliminary inquiry and report for the information of the court to determine 14 whether the best interests of the child require that further action be taken. The court 15 shall make the appointment on its own motion or at the request of a person or 16 agency having knowledge of the child's circumstances. If, under this subsection, 17 the court appoints a person or agency to make a preliminary inquiry and to report to it, 18 or if the department is conducting an investigation of a report of child abuse or 19 neglect, the court may issue any orders necessary to aid the person, the agency, 20 or the department in its investigation or in making the preliminary inquiry and 21 report. Upon [THEN, UPON THE] receipt of the report under this subsection, the 22 court may 23 (1) close the matter without a court hearing; 24 (2) determine whether the best interests of the child require that further 25 action be taken; or 26 (3) authorize the person or agency having knowledge of the facts of the 27 case to file with the court a petition setting out the facts. 28 * Sec. 9. AS 47.10.020 is amended by adding a new subsection to read: 29 (e) Nothing in this section requires the department to obtain authorization 30 from the court before 31 (1) conducting an investigation of a report of child abuse or neglect; or
01 (2) filing a petition. 02 * Sec. 10. AS 47.10.070(a) is amended to read: 03 (a) The court may conduct the hearing on the petition in an informal manner. 04 The court shall give notice of the hearing to the department, and it may send a 05 representative to the hearing. The court shall also transmit a copy of the petition to the 06 department. The department shall send notice of the hearing to the persons for whom 07 notice is required under AS 47.10.030(b) and to each grandparent of the child entitled 08 to notice under AS 47.10.030(d). The department and the persons to whom the 09 department must send notice of the hearing are entitled to be heard at the hearing. 10 Except as provided in (c) of this section, and unless prohibited by federal or state 11 law, court order, or court rule, a hearing is open to the public [HOWEVER, THE 12 COURT MAY LIMIT THE PRESENCE OF THE FOSTER PARENT OR OTHER 13 OUT-OF-HOME CARE PROVIDER AND OF ANY GRANDPARENT OF THE 14 CHILD TO THE TIME DURING WHICH THE PERSON'S TESTIMONY IS BEING 15 GIVEN IF IT IS (1) IN THE BEST INTEREST OF THE CHILD; OR (2) 16 NECESSARY TO PROTECT THE PRIVACY INTERESTS OF THE PARTIES 17 AND WILL NOT BE DETRIMENTAL TO THE CHILD. THE PUBLIC SHALL BE 18 EXCLUDED FROM THE HEARING, BUT THE COURT, IN ITS DISCRETION, 19 MAY PERMIT INDIVIDUALS TO ATTEND A HEARING IF THEIR 20 ATTENDANCE IS COMPATIBLE WITH THE BEST INTERESTS OF THE 21 CHILD]. 22 * Sec. 11. AS 47.10.070 is amended by adding new subsections to read: 23 (c) Except as provided in (e) of this section, the following hearings in child-in- 24 need-of-aid cases are closed to the public: 25 (1) the initial court hearing after the filing of a petition to commence 26 the child-in-need-of-aid case; 27 (2) a hearing following the initial hearing in which a parent, child, or 28 other party to the case is present but has not had an opportunity to obtain legal 29 representation; 30 (3) a hearing, or a part of a hearing, for which the court issues a written 31 order finding that allowing the hearing, or part of the hearing, to be open to the public
01 would reasonably be expected to 02 (A) stigmatize or be emotionally damaging to a child; 03 (B) inhibit a child's testimony in that hearing; 04 (C) disclose matters otherwise required to be kept confidential 05 by state or federal statute or regulation, court order, or court rule; or 06 (D) interfere with a criminal investigation or proceeding or a 07 criminal defendant's right to a fair trial in a criminal proceeding; before ruling 08 on a request under this subparagraph, the court shall give notice and an 09 opportunity to be heard to the state or a municipal agency that is assigned to 10 the criminal investigation or to the prosecuting attorney. 11 (d) If a hearing, or part of a hearing, in a child-in-need-of-aid case is not 12 closed under (c) of this section, the court shall hear in camera any information offered 13 regarding the location, or readily leading to the location, of a parent, child, or other 14 party to the case who is a victim of domestic violence. Access to testimony heard in 15 camera under this subsection is limited to the court and authorized court personnel. 16 (e) The grandparents of the child and the foster parents or other out-of-home 17 care provider may attend hearings that are otherwise closed to the public under (c) of 18 this section. However, the court shall limit the presence of these persons in a hearing 19 closed to the public to the time during which the person's testimony is being given if 20 the court determines that the limitation is necessary under (c)(3) of this section. In this 21 subsection, "out-of-home care provider" means an agency or person, other than the 22 child's legal parents, with whom a child who is in the custody of the state under 23 AS 47.10.080(c)(1) or (3), 47.10.142, or AS 47.14.100(c) is currently placed; "agency 24 or person" includes a foster parent, an adult family member other than a parent, a 25 person who has petitioned for adoption of the child, and a residential child care 26 facility. 27 (f) Notwithstanding any other provision of this chapter, a person attending a 28 hearing open to the public may not disclose a name, picture, or other information that 29 would readily lead to the identification of a child who is the subject of the child-in- 30 need-of-aid case. At the beginning of the hearing, the court shall issue an order 31 specifying the restrictions necessary to comply with this subsection. If a person
01 violates the order, the court may impose any appropriate sanction, including contempt 02 and closure of any further hearings in the case to the person. 03 (g) Nothing contained in this section limits the rights of an adult family 04 member under this title. 05 * Sec. 12. AS 47.10.080(c) is amended to read: 06 (c) If the court finds that the child is a child in need of aid, the court shall 07 (1) order the child committed to the department for placement in an 08 appropriate setting for a period of time not to exceed two years or in any event not to 09 extend past the date the child becomes 19 years of age, except that the department or 10 the child's guardian ad litem may petition for and the court may grant in a hearing 11 (A) one-year extensions of commitment that do not extend 12 beyond the child's 19th birthday if the extension is in the best interests of the 13 child; and 14 (B) an additional one-year period of state custody past [AGE] 15 19 years of age if the continued state custody is in the best interests of the 16 person and the person consents to it; 17 (2) order the child released to a parent, adult family member 18 [RELATIVE], or guardian of the child or to another suitable person, and, in 19 appropriate cases, order the parent, adult family member [RELATIVE], guardian, or 20 other person to provide medical or other care and treatment; if the court releases the 21 child, it shall direct the department to supervise the care and treatment given to the 22 child, but the court may dispense with the department's supervision if the court finds 23 that the adult to whom the child is released will adequately care for the child without 24 supervision; the department's supervision may not exceed two years or in any event 25 extend past the date the child reaches [AGE] 19 years of age, except that the 26 department or the child's guardian ad litem may petition for and the court may grant in 27 a hearing 28 (A) one-year extensions of supervision that do not extend 29 beyond the child's 19th birthday if the extensions are in the best interests of the 30 child; and 31 (B) an additional one-year period of supervision past [AGE] 19
01 years of age if the continued supervision is in the best interests of the person 02 and the person consents to it; or 03 (3) order, under the grounds specified in (o) of this section or 04 AS 47.10.088, the termination of parental rights and responsibilities of one or both 05 parents and commit the child to the custody of the department, and the department 06 shall report quarterly to the court on efforts being made to find a permanent placement 07 for the child. 08 * Sec. 13. AS 47.10.080(l) is amended to read: 09 (l) Within 12 months after the date a child enters foster care as calculated 10 under AS 47.10.088(f), the court shall hold a permanency hearing. The hearing and 11 permanent plan developed in the hearing are governed by the following provisions: 12 (1) the persons entitled to be heard under AS 47.10.070 or under (f) of 13 this section are also entitled to be heard at the hearing held under this subsection; 14 (2) when establishing the permanent plan for the child, the court shall 15 make appropriate written findings, including findings related to whether 16 (A) and when the child should be returned to the parent or 17 guardian; 18 (B) the child should be placed for adoption or legal 19 guardianship and whether a petition for termination of parental rights should be 20 filed by the department; and 21 (C) the child should be placed in another planned, permanent 22 living arrangement and what steps are necessary to achieve the new 23 arrangement; 24 (3) if the court is unable to make a finding required under (2) of this 25 subsection, the court shall hold another hearing within a reasonable period of time; 26 (4) in addition to the findings required by (2) of this subsection, the 27 court shall also make appropriate written findings related to 28 (A) whether the department has made the reasonable efforts 29 required under AS 47.10.086 to offer appropriate family support services to 30 remedy the parent's or guardian's conduct or conditions in the home that made 31 the child a child in need of aid under this chapter;
01 (B) whether the parent or guardian has made substantial 02 progress to remedy the parent's or guardian's conduct or conditions in the home 03 that made the child a child in need of aid under this chapter; [AND] 04 (C) if the permanent plan is for the child to remain in out-of- 05 home-care, whether the child's out-of-home placement continues to be 06 appropriate and in the best interests of the child; and 07 (D) whether the department has made reasonable efforts to 08 finalize the permanent plan for the child; 09 (5) the court shall hold a hearing to review the permanent plan at least 10 annually until successful implementation of the plan; if the plan approved by the court 11 changes after the hearing, the department shall promptly apply to the court for another 12 permanency hearing, and the court shall conduct the hearing within 30 days after 13 application by the department. 14 * Sec. 14. AS 47.10.080(p) is amended to read: 15 (p) If a child is removed from the parental home, the department shall provide 16 reasonable visitation between the child and the child's parents, guardian, and family. 17 When determining what constitutes reasonable visitation with a family member, the 18 department shall consider the nature and quality of the relationship that existed 19 between the child and the family member before the child was committed to the 20 custody of the department. The court may require the department to file a visitation 21 plan with the court. The department may deny visitation to the parents, guardian, or 22 family members if there is clear and convincing evidence that visits are not in the 23 child's best interests. If the department denies visitation to a parent or family 24 member of a child, the department shall inform the parent or family member of a 25 reason for the denial and of the parent's or family member's right to request a 26 review hearing as an interested person. A parent, family member, or guardian who 27 is denied visitation may request a review hearing. A non-party adult family 28 member requesting a review hearing under this subsection is not eligible for 29 publicly appointed legal counsel. 30 * Sec. 15. AS 47.10.080 is amended by adding new subsections to read: 31 (t) The court may not terminate parental rights solely on the basis that the
01 parent did not complete treatment required of the parent by the department for 02 reunification with the child if the treatment required was unavailable to the parent and 03 the department did not provide the treatment. 04 (u) For a child who is placed in foster care, when the department finds that it 05 is in the best interest of a child and that the foster family will not be placed in undue 06 risk of harm, the department shall require foster parents to provide regular 07 opportunities for visitation with the child by the parents of the child and encourage 08 foster parents to serve as mentors for facilitating family reunification. 09 (v) A hearing conducted under this section is open to the public unless an 10 exception provided in AS 47.10.070(c) applies to make the hearing closed to the 11 public or unless prohibited by federal or state statute or regulation. 12 * Sec. 16. AS 47.10.084(c) is amended to read: 13 (c) When there has been transfer of legal custody or appointment of a guardian 14 and parental rights have not been terminated by court decree, the parents shall have 15 residual rights and responsibilities. These residual rights and responsibilities of the 16 parent include, but are not limited to, the right and responsibility of reasonable 17 visitation, consent to adoption, consent to marriage, consent to military enlistment, 18 consent to major medical treatment except in cases of emergency or cases falling 19 under AS 25.20.025, and the responsibility for support, except if by court order any 20 residual right and responsibility has been delegated to a guardian under (b) of this 21 section. In this subsection, "major medical treatment" includes the 22 administration of medication used to treat a mental health disorder. 23 * Sec. 17. AS 47.10.088(i) is amended to read: 24 (i) The department shall concurrently identify, recruit, process, and approve a 25 qualified person or family for an adoption whenever a petition to terminate a parent's 26 rights to a child is filed. Before approving a placement of the child for adoption 27 under this chapter, the department shall attempt to locate all living adult family 28 members of the child and to investigate the adult family members' ability to care 29 for the child. The department shall provide to all adult family members of the 30 child located by the department written notice of the adult family members' 31 rights under this chapter and of the procedures necessary to gain custody of the
01 child. The department may not approve an adoption by a person or family who 02 is not related to the child if an adult family member of the child requests that the 03 department approve the adult family member for the adoption, unless the 04 adoption by the child's adult family member is not in the child's best interest, is 05 prohibited under (l) of this section, or is otherwise contrary to federal or state 06 law. If the court issues an order to terminate under (j) of this section, the department 07 shall report within 30 days on the efforts being made to recruit a permanent placement 08 for the child if a permanent placement was not approved at the time of the trial under 09 (j) of this section. The report must document recruitment efforts made for the child. 10 * Sec. 18. AS 47.10.088 is amended by adding new subsections to read: 11 (l) The department may not approve an adoption by an adult family member if 12 the department 13 (1) makes a determination, supported by clear and convincing 14 evidence, that adoption of the child by the adult family member will result in physical 15 or mental injury to the child; in making that determination, poverty, including 16 inadequate or crowded housing, on the part of the adult family member is not 17 considered prima facie evidence that physical or mental injury to the child will occur; 18 (2) determines that a member of the adult family member's household 19 who is 12 years of age or older was the perpetrator in a substantiated report of abuse 20 under AS 47.17; or 21 (3) determines that a member of the adult family member's household 22 who is 12 years of age or older is under arrest for, is charged with, has been convicted 23 of, or has been found not guilty by reason of insanity of, a serious offense; 24 notwithstanding this paragraph, the department may approve an adoption by the adult 25 family member if the adult family member demonstrates to the satisfaction of the 26 department that conduct described in this paragraph occurred at least five years before 27 the intended adoption and the conduct 28 (A) did not involve a victim who was under 18 years of age at 29 the time of the conduct; 30 (B) was not a crime of domestic violence as defined in 31 AS 18.66.990; and
01 (C) was not a violent crime under AS 11.41.100 - 11.41.455 or 02 a law or ordinance of another jurisdiction having similar elements. 03 (m) For the purpose of determining whether the home of an adult family 04 member meets the requirements for adoption of the child, the department shall conduct 05 a criminal background check from state and national criminal justice information 06 available under AS 12.62. The department may conduct a fingerprint background 07 check on any member of the adult family member's household who is 12 years of age 08 or older when the adult family member requests adoption of the child. For the 09 purposes of obtaining criminal justice information under this subsection, the 10 department is a criminal justice agency conducting a criminal justice activity under 11 AS 12.62. 12 (n) An adult family member who is denied a request for an adoption under (i) 13 of this section may request a review hearing by the court. If the department denies a 14 request by an adult family member to adopt a child under (i) of this section, the 15 department shall inform the adult family member of the reason for the denial and of 16 the adult family member's right to request a review hearing. A non-party adult family 17 member requesting a review hearing under this subsection is not eligible for publicly 18 appointed legal counsel. 19 (o) A trial or hearing conducted under this section is open to the public unless 20 an exception provided in AS 47.10.070(c) applies to make the trial or hearing closed 21 to the public. The court shall uphold the department's decision under this section if the 22 court finds, by clear and convincing evidence, that the decision is in the best interest of 23 the child and otherwise complies with the requirements of this section. 24 * Sec. 19. AS 47.10 is amended by adding a new section to read: 25 Sec. 47.10.089. Voluntary relinquishment of parental rights and 26 responsibilities. (a) When a child is committed to the custody of the department 27 under AS 47.10.080(c)(1) or (3) or released under AS 47.10.080(c)(2), the rights of a 28 parent with respect to the child, including parental rights to control the child, to 29 withhold consent to an adoption, or to receive notice of a hearing on a petition for 30 adoption, may be voluntarily relinquished to the department and the relationship of 31 parent and child terminated in a proceeding as provided under this section.
01 (b) A voluntary relinquishment must be in writing and signed by a parent, 02 regardless of the age of the parent, in the presence of a representative of the 03 department or in the presence of a court of competent jurisdiction with the knowledge 04 and approval of the department. A copy of the signed relinquishment shall be given to 05 the parent. 06 (c) A voluntary relinquishment may be withdrawn within 10 days after it is 07 signed. The relinquishment is invalid unless the relinquishment contains the right of 08 withdrawal as specified under this subsection. 09 (d) A parent may retain privileges with respect to the child, including the 10 ability to have future contact, communication, and visitation with the child in a 11 voluntary relinquishment executed under this section. A retained privilege must be in 12 writing and stated with specificity. 13 (e) Not less than 10 days after a voluntary relinquishment is signed, the court 14 shall enter an order terminating parental rights if the court determines that termination 15 of parental rights under the terms of the relinquishment is in the child's best interest. 16 If a parent has retained one or more privileges under (d) of this section, the court shall 17 incorporate the retained privileges in the termination order with a recommendation 18 that the retained privileges be incorporated in an adoption or legal guardianship 19 decree. 20 (f) A voluntary relinquishment may not be withdrawn and a termination order 21 may not be vacated on the ground that a retained privilege has been withheld from the 22 relinquishing parent or that the relinquishing parent has been unable, for any reason, to 23 act on a retained privilege, except as provided in Rule 60(b), Alaska Rules of Civil 24 Procedure. 25 (g) After a termination order is entered, a person who has voluntarily 26 relinquished parental rights under this section may request a review hearing, upon a 27 showing of good cause, to seek enforcement or modification of or to vacate a privilege 28 retained in the termination order. The court may modify, enforce, or vacate the 29 retained privilege if the court finds, by clear and convincing evidence, that it is in the 30 best interest of the child to do so. 31 (h) After a termination order is entered and before the entry of an adoption or
01 legal guardianship decree, a person who voluntarily relinquished parental rights to a 02 child under this section may request a review hearing, upon a showing of good cause, 03 to vacate the termination order and reinstate parental rights relating to that child. A 04 court shall vacate a termination order if the person shows, by clear and convincing 05 evidence, that reinstatement of parental rights is in the best interest of the child and 06 that the person is rehabilitated and capable of providing the care and guidance that will 07 serve the moral, emotional, mental, and physical welfare of the child. 08 (i) A person who relinquished parental rights is entitled to the appointment of 09 an attorney if a hearing is requested under (g), (h), or (j) of this section to the same 10 extent as if the parent's rights had not been terminated in a child-in-need-of-aid 11 proceeding. 12 (j) After a termination order is entered and before the entry of an adoption or 13 legal guardianship decree, a prospective adoptive parent or a guardian of the child may 14 request, after providing notice as specified under this subsection, that the court decline 15 to incorporate a privilege retained in a termination order and recommended for 16 incorporation in an adoption or guardianship decree under (e) of this section. If the 17 person who has relinquished parental rights to the child who is the subject of the 18 adoption or guardianship decree did not waive rights to notice of adoption under (a) of 19 this section, the request made under this subsection may only be considered by the 20 court after providing at least 20 days' notice by certified mail to the last known address 21 of the person who has voluntarily relinquished parental rights to the child. The notice 22 under this subsection must describe the request and explain that the recipient of the 23 notice may submit a written statement under penalty of perjury to the court that the 24 recipient either agrees with or opposes the request. The notice must also include the 25 deadline for submitting the statement and the mailing address of the court. The court 26 may decline to incorporate a retained privilege if the person who retained the privilege 27 agrees with the request or if the court finds that it is in the child's best interest. 28 * Sec. 20. AS 47.10.090(c) is amended to read: 29 (c) Within 30 days after [OF] the date of a child's [MINOR'S] 18th birthday 30 or, if the court retains jurisdiction of a child [MINOR] past the child's [MINOR'S] 31 18th birthday, within 30 days after [OF] the date on which the court releases
01 jurisdiction over the child [MINOR], the court shall order all the court's official 02 records pertaining to that child [MINOR] in a proceeding under this chapter sealed. A 03 person may not use these sealed records unless authorized by order of [FOR ANY 04 PURPOSE EXCEPT THAT] the court upon a finding of [MAY ORDER THEIR 05 USE FOR] good cause [SHOWN]. 06 * Sec. 21. AS 47.10.090(d) is amended to read: 07 (d) Except as provided in AS 47.10.070, 47.10.080(v), and 47.10.093, the 08 [THE] name or picture of a child [MINOR] under the jurisdiction of the court may not 09 be made public in connection with the child's [MINOR'S] status as a child in need of 10 aid unless authorized by order of the court or unless to implement the permanency 11 plan for a child after all parental rights of custody have been terminated. This 12 subsection does not prohibit the release of aggregate information for statistical or 13 other informational purposes if the identity of any particular person is not 14 revealed by the release. 15 * Sec. 22. AS 47.10.092(a) is amended to read: 16 (a) Notwithstanding AS 47.10.090 and 47.10.093, an adult family member 17 [A PARENT] or legal guardian of a child subject to a proceeding under AS 47.10.005 18 - 47.10.142 may disclose confidential or privileged information about the child or the 19 child's family, including information that has been lawfully obtained from agency or 20 court files, to the governor, the lieutenant governor, a legislator, the ombudsman 21 appointed under AS 24.55, the attorney general, and the commissioner 22 [COMMISSIONERS] of health and social services, administration, or public safety, or 23 an employee of these persons, for review or use in their official capacities. The 24 department shall disclose additional confidential or privileged information and make 25 copies of documents available for inspection about the child or the child's family to 26 these state officials or employees for review or use in their official capacities upon 27 request of the official or employee and submission of satisfactory evidence that a 28 parent or legal guardian of the child has requested the state official's assistance in the 29 case as part of the official's duties. A person to whom disclosure is made under this 30 section may not disclose confidential or privileged information about the child or the 31 child's family to a person not authorized to receive it.
01 * Sec. 23. AS 47.10.092 is amended by adding new subsections to read: 02 (d) The obligations under (a) of this section to disclose information and 03 provide copies, and the obligations not to disclose certain confidential or privileged 04 information, remain in effect throughout the period that the child is in the custody of 05 the department, including after the parent's parental rights have been terminated with 06 respect to the child, unless another parent or legal guardian of the child subsequently 07 files a notice with the Department of Health and Social Services that the assistance of 08 the state official or employee is no longer requested. 09 (e) The Department of Health and Social Services shall notify an official 10 identified under (a) of this section of the opportunity for a parent to file a grievance 11 under AS 47.10.098 when the official is denied access to all or part of a requested 12 record. 13 * Sec. 24. AS 47.10.093(a) is amended to read: 14 (a) Except as specified in AS 47.10.092 and in (b) - (g) and (k) - (n) [(b) - 15 (g)] of this section and as provided in a notice to all parties in a child-in-need-of- 16 aid proceeding under applicable court rules, all information and social records 17 pertaining to a child [MINOR] who is subject to this chapter or AS 47.17 prepared by 18 or in the possession of a federal, state, or municipal agency or employee in the 19 discharge of the agency's or employee's official duty are privileged and may not be 20 disclosed directly or indirectly to anyone without a court order. 21 * Sec. 25. AS 47.10.093(b) is amended to read: 22 (b) A state or municipal agency or employee shall disclose appropriate 23 confidential information regarding a case to 24 (1) a guardian ad litem appointed by the court; 25 (2) a person or an agency requested by the department or the child's 26 legal custodian to provide consultation or services for a child who is subject to the 27 jurisdiction of the court under AS 47.10.010 as necessary to enable the provision of 28 the consultation or services; 29 (3) a foster parent [PARENTS] or relative [RELATIVES] with 30 whom the child is placed by the department as [MAY BE] necessary to enable the 31 foster parent [PARENTS] or relative [RELATIVES] to provide appropriate care to
01 [FOR] the child [WHO IS THE SUBJECT OF THE CASE], to protect the safety of 02 the child [WHO IS THE SUBJECT OF THE CASE], and to protect the safety and 03 property of family members and visitors of the foster parent [PARENTS] or relative 04 [RELATIVES]; 05 (4) a school official [OFFICIALS] as [MAY BE] necessary to enable 06 the school to provide appropriate counseling and support services to a [THE] child 07 who is the subject of the case, to protect the safety of the child [WHO IS THE 08 SUBJECT OF THE CASE], and to protect the safety of school students and staff; 09 (5) a governmental agency as [MAY BE] necessary to obtain that 10 agency's assistance for the department in its investigation or to obtain physical custody 11 of a child; 12 (6) a law enforcement agency of this state or another jurisdiction as 13 [MAY BE] necessary for the protection of any child or for actions by that agency to 14 protect the public safety; 15 (7) a member [MEMBERS] of a multidisciplinary child protection 16 team created under AS 47.14.300 as [MAY BE] necessary for the performance of the 17 member's [THEIR] duties; 18 (8) the state medical examiner under AS 12.65 as [MAY BE] 19 necessary for the performance of the duties of the state medical examiner; 20 (9) a person who has made a report of harm as required by 21 AS 47.17.020 to inform the person that the investigation was completed and of action 22 taken to protect the child who was the subject of the report; [AND] 23 (10) the child support services agency established in AS 25.27.010 as 24 [MAY BE] necessary to establish and collect child support for a child who is a child in 25 need of aid under this chapter; 26 (11) a caregiver of a child or an entity responsible for ensuring the 27 safety of children as necessary to protect the safety of a child; and 28 (12) a review panel established by the department, the legislature, 29 or the governor for the purpose of reviewing the actions taken by the department 30 in a specific case. 31 * Sec. 26. AS 47.10.093(c) is repealed and reenacted to read:
01 (c) A state or municipal law enforcement agency shall disclose information 02 regarding a case that is needed by the person or agency charged with making a 03 preliminary investigation for the information of the court under AS 47.10.020. 04 * Sec. 27. AS 47.10.093(f) is amended to read: 05 (f) The department may release to a person with a legitimate interest 06 confidential information relating to children [MINORS] not subject to the 07 jurisdiction of the court under AS 47.10.010. [THE DEPARTMENT SHALL ADOPT 08 REGULATIONS GOVERNING THE RELEASE OF INFORMATION AND 09 IDENTIFYING A SUFFICIENT LEGITIMATE INTEREST.] 10 * Sec. 28. AS 47.10.093(g) is amended to read: 11 (g) The department and affected law enforcement agencies shall work with 12 school districts and private schools to develop procedures for the disclosure of 13 confidential information to a school official [OFFICIALS] under (b)(4) of this 14 section. The procedures must provide a method for informing the principal or the 15 principal's designee of the school that the student attends as soon as it is reasonably 16 practicable. 17 * Sec. 29. AS 47.10.093 is amended by adding new subsections to read: 18 (k) The Department of Health and Social Services and the Department of 19 Administration may disclose to the public, upon request, confidential information, as 20 set out in (l) of this section, when 21 (1) the parent or guardian of a child who is the subject of a report of 22 harm under AS 47.17 has made a public disclosure concerning the department's 23 involvement with the family; 24 (2) the alleged perpetrator named in a report of harm under AS 47.17 25 has been charged with a crime concerning the alleged abuse or neglect; or 26 (3) a report of harm under AS 47.17 has resulted in the fatality or near 27 fatality of that child. 28 (l) The type of information that may be publicly disclosed under (k) of this 29 section is information related to the determination, if any, made by the department 30 regarding the validity of a report of harm under AS 47.17 and the department's 31 activities arising from the department's investigation of the report. The department
01 (1) may withhold disclosure of the child's name, picture, or other 02 information that would readily lead to the identification of the child if the department 03 determines that the disclosure would be contrary to the best interests of the child, the 04 child's siblings, or other children in the child's household; or 05 (2) after consultation with a prosecuting attorney, may withhold 06 disclosure of information that would reasonably be expected to interfere with a 07 criminal investigation or proceeding or a criminal defendant's right to a fair trial in a 08 criminal proceeding. 09 (m) Except for a disclosure made under (k) of this section, a person to whom 10 disclosure is made under this section may not disclose confidential information about 11 the child or the child's family to a person not authorized to receive it. 12 (n) The Department of Health and Social Services and the Department of 13 Administration may adopt regulations to implement and interpret the duties of the 14 respective department under this section, including regulations governing the release 15 of confidential information and identifying a sufficient legitimate interest under (f) of 16 this section. 17 (o) A person may not bring an action for damages against the state, the 18 commissioner, or the commissioner's designee based on the disclosure or 19 nondisclosure of information under (k) of this section except for civil damages 20 resulting from gross negligence or reckless or intentional misconduct. 21 * Sec. 30. AS 47.10 is amended by adding a new section to read: 22 Sec. 47.10.098. Grievance procedure. (a) The department shall develop, in 23 regulation, a grievance procedure for a parent to file a complaint based on 24 (1) the application of a department policy or procedure under this 25 chapter; 26 (2) compliance with this chapter or a regulation adopted under this 27 chapter; or 28 (3) an act or failure to act by the department under this chapter. 29 (b) The department shall prepare and distribute to each parent of a child who 30 is under the jurisdiction of the department a written copy of the grievance procedure 31 developed under (a) of this section.
01 * Sec. 31. AS 47.10.960 is repealed and reenacted to read: 02 Sec. 47.10.960. Civil liability. Failure to comply with a provision of this title 03 does not constitute a basis for civil liability for damages. 04 * Sec. 32. AS 47.10.990(16) is amended to read: 05 (16) "mental health professional" has the meaning given in 06 AS 47.30.915, except that, if the child is placed in another state by the 07 department, "mental health professional" also includes a professional listed in 08 the definition of "mental health professional" in AS 47.30.915 who is not licensed 09 to practice by a board of this state but is licensed by a corresponding licensing 10 authority to practice in the state in which the child is placed; 11 * Sec. 33. AS 47.10.990 is amended by adding new paragraphs to read: 12 (28) "adult family member" means a person who is 18 years of age or 13 older and who is related to the child as the child's legal parent, grandparent, aunt, 14 uncle, or sibling; 15 (29) "family member" means a person of any age who is related to the 16 child as the child's legal parent, grandparent, aunt, uncle, or sibling; 17 (30) "near fatality" means physical injury or other harm, as certified by 18 a physician, caused by an act or omission that created a substantial risk of death. 19 * Sec. 34. AS 47.12.990(10) is amended to read: 20 (10) "mental health professional" has the meaning given in 21 AS 47.30.915, except that, if the minor is placed in another state by the 22 department, "mental health professional" also includes a professional listed in 23 the definition of "mental health professional" in AS 47.30.915 who is not licensed 24 to practice by a board of this state but is licensed by a corresponding licensing 25 authority to practice in the state in which the minor is placed; 26 * Sec. 35. AS 47.14.100(e) is amended to read: 27 (e) If an adult family member or a family friend [A CHILD MAY NOT BE 28 PLACED IN A FOSTER HOME OR IN THE CARE OF AN AGENCY OR 29 INSTITUTION PROVIDING CARE FOR CHILDREN IF A RELATIVE BY 30 BLOOD OR MARRIAGE] requests placement of the child in the [RELATIVE'S] 31 home of the adult family member or family friend, and the parent or guardian of
01 the child agrees to the placement, a child may not be placed in a foster home that 02 is not operated by the adult family member or family friend and may not be 03 placed in the care of an agency or institution providing care for children. 04 Nothing in this subsection waives the requirement that a family friend be licensed 05 as a foster home before a child is place with a family friend. However, the 06 department may retain custody of the child and provide for the child's [ITS] 07 placement in the same manner as for other children if the department 08 (1) makes a determination, supported by clear and convincing 09 evidence, that placement of the child with the adult family member or family friend 10 [RELATIVE] will result in physical or mental injury; in making that determination, 11 poverty, including inadequate or crowded housing, on the part of the adult family 12 member or family friend [, BLOOD RELATIVE] is not considered prima facie 13 evidence that physical or emotional damage to the child will occur; this determination 14 may be appealed to the superior court to hear the matter de novo; 15 (2) determines that a member of an adult family member's or family 16 friend's [THE RELATIVE'S] household who is 12 years of age or older was the 17 perpetrator in a substantiated report of abuse under AS 47.17; [OR] 18 (3) determines that a member of an adult family member's or family 19 friend's [THE RELATIVE'S] household who is 12 years of age or older is under 20 arrest for, charged with, has been convicted of, or has been found not guilty by reason 21 of insanity of, a serious offense; notwithstanding this paragraph, the department may 22 place or continue the placement of a child at the adult family member's or family 23 friend's [RELATIVE'S] home if the adult family member or family friend 24 [RELATIVE] demonstrates to the satisfaction of the department that conduct 25 described in this paragraph occurred at least five years before the intended placement 26 and the conduct 27 (A) did not involve a victim who was under 18 years of age at 28 the time of the conduct; 29 (B) was not a crime of domestic violence as defined in 30 AS 18.66.990; and 31 (C) was not a violent crime under AS 11.41.100 - 11.41.455 or
01 a law or ordinance of another jurisdiction having similar elements; 02 (4) determines that placement under this section with an adult 03 family member or a family friend is in the best interest of the child over the 04 objection of the parent or guardian; or 05 (5) determines that the parent's or guardian's preference is not 06 appropriate because placement of the child would not be in the child's best 07 interest and the child would not be located near the parent for purposes of 08 visitation or reunification. 09 * Sec. 36. AS 47.14.100(f) is amended to read: 10 (f) If an adult family member [A BLOOD RELATIVE] of the child 11 specified under (e) of this section exists and agrees that the child should be placed 12 elsewhere, before placement elsewhere, the department shall fully communicate the 13 nature of the placement proceedings to the adult family member [RELATIVE]. 14 Communication under this subsection shall be made in the adult family member's 15 [RELATIVE'S] native language, if necessary. [NOTHING IN THIS SUBSECTION 16 OR IN (e) OF THIS SECTION APPLIES TO CHILD PLACEMENT FOR 17 ADOPTIVE PURPOSES.] 18 * Sec. 37. AS 47.14 is amended by adding a new section to article 3 to read: 19 Sec. 47.14.205. State Citizen Review Panel. (a) There is established within 20 the department a Citizen Review Panel. The panel shall be composed of volunteer 21 members who are broadly representative of the state, including members who have 22 expertise in the prevention and treatment of child abuse and neglect. 23 (b) The panel shall meet not less than once every three months. Meetings may 24 take place telephonically and shall be closed to the public. 25 * Sec. 38. AS 47.14 is amended by adding a new section to article 3 to read: 26 Sec. 47.14.215. Duties of the state panel. (a) The state panel shall evaluate 27 the extent to which the department is effectively discharging its child protection 28 responsibilities under 29 (1) the state plan submitted to the United States Department of Health 30 and Human Services under 42 U.S.C. 5106a(b); 31 (2) child protection standards under federal and state laws; and
01 (3) any other criteria that the panel considers important to ensuring the 02 protection of children, including the level and efficiency of coordination of foster care 03 and adoption programs in the state and a review of child fatalities and near fatalities. 04 (b) In carrying out the responsibilities under (a) of this section, the state panel 05 shall examine the policies, procedures, and practices of the department, and, where 06 appropriate, evaluate specific cases of child abuse or neglect. 07 (c) The commissioner shall, by regulation, establish policies and procedures 08 necessary to carrying out the duties of the state panel under this section. 09 * Sec. 39. AS 47.14 is amended by adding a new section to article 3 read: 10 Sec. 47.14.225. Cooperation with state panel. (a) The department shall 11 provide the panel access to information on child abuse or neglect cases that is 12 necessary for the panel to carry out its duties under AS 47.14.215. 13 (b) The department shall serve as staff to the state panel as requested by the 14 panel members. 15 * Sec. 40. AS 47.14 is amended by adding a new section to article 3 to read: 16 Sec. 47.14.235. Confidentiality. The members and staff of the state panel 17 may not disclose to any person, including a government agency or official, records or 18 other information containing personally identifying or other information made 19 confidential under state or federal law about a child or a witnesses involved in a case 20 under review by the panel. 21 * Sec. 41. AS 47.14 is amended by adding a new section to article 3 to read: 22 Sec. 47.14.245. Public outreach. The state panel shall conduct public 23 outreach and gather public comment on current department procedures and practices 24 involving children and family services. 25 * Sec. 42. AS 47.14 is amended by adding a new section to article 3 to read: 26 Sec. 47.14.255. Report. (a) The state panel shall prepare and make available 27 to the governor, the legislature, and to the public an annual report containing a 28 summary of the activities of the panel conducted under AS 47.14.205 - 47.14.295 and 29 recommendations for the improvement of child protection services in the state. 30 (b) Not later than six months after the date on which the report is released 31 under (a) of this section, the department shall submit a written response to the report.
01 The department's response must include a description of whether and how the 02 department will incorporate the recommendations of the panel, where appropriate. 03 * Sec. 43. AS 47.14 is amended by adding a new section to article 3 to read: 04 Sec. 47.14.265. Civil penalty for violation of AS 47.14.235. A violation 05 under 47.14.235 is subject to a civil penalty of up to $2,500 for each violation. 06 * Sec. 44. AS 47.14 is amended by adding a new section to article 3 to read: 07 Sec. 47.14.275. Immunity. A member of the state panel and a person who 08 furnishes services to or advises the state panel is not liable for damages or other relief 09 in an action involving the performance or failure to perform a duty or other activity of 10 the state panel. 11 * Sec. 45. AS 47.14 is amended by adding a new section to article 3 to read: 12 Sec. 47.14.295. Definitions. In AS 47.14.205 - 47.14.295, 13 (1) "adult family member" has the meaning given in AS 47.10.990; 14 (2) "near fatality" has the meaning given in AS 47.10.990; 15 (3) "state panel" means the Citizen Review Panel established under 16 AS 47.14.205. 17 * Sec. 46. AS 47.17.025 is amended by adding a new subsection to read: 18 (c) Within 20 days after receiving a report of harm, whether or not the matter 19 is referred to a local government agency, the department shall notify the person who 20 made the report and who made a request to be notified, about the status of the 21 investigation, without disclosing any confidential information. 22 * Sec. 47. AS 47.17.027(a) is amended to read: 23 (a) If the department or a law enforcement agency provides written 24 certification to the child's school officials that (1) there is reasonable cause to suspect 25 that the child has been abused or neglected by a person responsible for the child's 26 welfare or as a result of conditions created by a person responsible for the child's 27 welfare; (2) an interview at school is a necessary part of an investigation to determine 28 whether the child has been abused or neglected; and (3) the interview at school is in 29 the best interests of the child, school officials shall permit the child to be interviewed 30 at school by the department or a law enforcement agency before notification of, or 31 receiving permission from, the child's parent, guardian, or custodian. A school official
01 shall be present during an interview at the school unless the child objects or the 02 department or law enforcement agency determines that the presence of the school 03 official will interfere with the investigation. The interview shall be conducted as 04 required under AS 47.17.033. Immediately after conducting an interview authorized 05 under this section, and after informing the child of the intention to notify the child's 06 parent, guardian, or custodian, the department or agency shall make every reasonable 07 effort to notify the child's parent, guardian, or custodian that the interview occurred 08 unless it appears to the department or agency that notifying the child's parent, 09 guardian, or custodian would endanger the child. 10 * Sec. 48. AS 47.17.033 is amended by adding new subsections to read: 11 (c) An investigation by the department of child abuse or neglect reported 12 under this chapter shall be conducted by a person trained to conduct a child abuse and 13 neglect investigation and without subjecting a child to more than one interview about 14 the abuse or neglect except when new information is obtained that requires further 15 information from the child. 16 (d) An interview of a child conducted as a result of a report of harm shall be 17 audiotaped or videotaped. However, if an interview of a child is to be electronically 18 recorded and the interview concerns a report of sexual abuse of the child, the interview 19 shall be videotaped, except that an interview of a child may not be videotaped if 20 videotaping the interview is impracticable or will, in the opinion of the investigating 21 agency, result in trauma to the child. 22 (e) An interview of a child that is audiotaped or videotaped under (d) of this 23 section shall be conducted 24 (1) by a person trained and competent to conduct the interview; 25 (2) if available, at a child advocacy center; and 26 (3) by a person who is a party to a memorandum of understanding with 27 the department to conduct the interview or who is employed by an agency that is 28 authorized to conduct investigations. 29 (f) An interview of a child may not be videotaped more than one time unless 30 the interviewer or the investigating agency determines that one or more additional 31 interviews are necessary to complete an investigation. If additional interviews are
01 necessary, the additional interviews shall be conducted, to the extent possible, by the 02 same interviewer who conducted the initial interview of the child. 03 (g) A recorded interview of a child shall be preserved in the manner and for a 04 period provided by law for maintaining evidence and records of a public agency. 05 (h) A recorded interview of a child is subject to disclosure under the 06 applicable court rules for discovery in a civil or criminal case. 07 * Sec. 49. AS 47.18.300(a) is amended to read: 08 (a) The department, in coordination with local public and private agencies, 09 shall design, develop, and implement a foster care transition program to provide 10 support and services to individuals who 11 (1) reach or have reached the age of 16 or older while in state foster 12 care and have not yet reached 23 years of age [THE AGE OF 21]; and 13 (2) meet other eligibility criteria established by the department under 14 (b) of this section. 15 * Sec. 50. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 DIRECT COURT RULE AMENDMENT. Rule 3(c), Alaska Child in Need of 18 Aid Rules of Procedure, is amended to read: 19 (c) Presence of Grandparent or Foster Parent. A grandparent of a child 20 and the foster parent or other out-of-home care provider are [IS] entitled to be heard 21 at any hearing at which the person is present. However, the court may limit the 22 presence of these persons in a hearing that has been closed to the public under 23 (f)(2) of this rule [THE FOSTER PARENT OR CARE PROVIDER] to the time 24 during which the person's testimony is being given if the court determines that such 25 a limitation is necessary under the circumstances listed in (f)(2)(C) of this rule [IT 26 IS (1) IN THE BEST INTEREST OF THE CHILD; OR (2) NECESSARY TO 27 PROTECT THE PRIVACY INTERESTS OF THE PARTIES AND WILL NOT BE 28 DETRIMENTAL TO THE CHILD]. 29 * Sec. 51. The uncodified law of the State of Alaska is amended by adding a new section to 30 read: 31 DIRECT COURT RULE AMENDMENT. Rule 3(f), Alaska Child in Need of
01 Aid Rules of Procedure, is repealed and reenacted to read: 02 (f) General Public Access to Hearings. 03 (1) Except as provided in (2) of this paragraph, and unless prohibited 04 by federal or state statute or regulation, court order, or other court rule, hearings are 05 open to the public. 06 (2) The following hearings are closed to the public: 07 (A) the initial court hearing after the filing of a petition that 08 begins the child-in-need-of-aid case; 09 (B) a hearing following the initial hearing in which a parent, 10 child, or other party to the case is present but has not had an opportunity to 11 obtain legal representation; 12 (C) a hearing, or a part of a hearing, for which the court issues 13 a written order finding that allowing the hearing, or part of the hearing, to be 14 open to the public would reasonably be expected to stigmatize or be 15 emotionally damaging to a child; inhibit a child's testimony in the hearing; 16 disclose matters otherwise required to be kept confidential by state or federal 17 statute or regulation, court order, or court rule; or interfere with a criminal 18 investigation or proceeding or a criminal defendant's right to a fair trial in a 19 criminal proceeding. 20 (3) Before ruling on a request under (2)(C) of this paragraph 21 concerning potential interference with a criminal investigation or proceeding, the court 22 shall give notice and an opportunity to be heard to the state or a municipal agency that 23 is assigned to the criminal investigation or to the prosecuting attorney. 24 (4) If the court closes a hearing to the public under (2)(C) of this 25 paragraph, the court shall close only the portions of the hearing necessary to prevent 26 the potential harm listed in (2)(C) of this paragraph. If a hearing, or part of a hearing, 27 is open to the public, the court shall hear in camera any information offered regarding 28 the location, or readily leading to the location, of a parent, child, or other party to the 29 case who is a victim of domestic violence. Access to testimony heard in camera under 30 this subparagraph is limited to the court and authorized court personnel. 31 (5) Notwithstanding any other provision of this rule, the court shall
01 issue an order to prohibit all persons in a hearing open to the public from disclosing to 02 any person a name, picture, or other information that would readily lead to the 03 identification of a child who is the subject of the proceeding. If a person violates the 04 order, the court may impose any appropriate sanction, including contempt and closure 05 of any further hearings in the proceeding to the person. 06 (6) A party to the proceeding may move the court to close to the public 07 a hearing, or part of the hearing, to avoid the harm specified in (2)(C) of this 08 paragraph. A member of the public may request in writing to be served with a motion 09 filed under this subparagraph. If such a request has been filed in advance of the filing 10 of the motion, the party filing the motion must also serve the member of the public 11 who requested notice under this subparagraph. The court may waive the service 12 required under this subparagraph to a member of the public if a motion to close the 13 hearing, or part of the hearing, is made under this subparagraph immediately before or 14 during the hearing and the court finds that 15 (A) the need for closure was not reasonably foreseeable 16 sufficiently in advance of the hearing to allow for notice; 17 (B) there is good cause not to delay the hearing in order to 18 achieve notice, taking into consideration the age of the child and the potential 19 adverse effect that a delay could have on the child; and 20 (C) whatever notice is practicable under the circumstances has 21 occurred. 22 * Sec. 52. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 DIRECT COURT RULE AMENDMENT. Rule 3, Alaska Child in Need of 25 Aid Rules of Procedure, is amended by adding a new subsection to read: 26 (j) Use of Child's Name and Identifying Information Prohibited. 27 References to a child shall be made using the child's first name only. All identifying 28 information of the child, including the child's last name, address, and the names of the 29 child's immediate family members, shall be protected during the hearing so that only 30 the confidential record contains that information. If a child appears at the hearing, the 31 child shall be located away from view of the public.
01 * Sec. 53. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 DIRECT COURT RULE AMENDMENT. Rule 17.2(f), Alaska Child in Need 04 of Aid Rules of Procedure, is amended to read: 05 (f) Additional Findings. In addition to the findings required under paragraph 06 (e), the court shall also make written findings related to 07 (1) whether the Department has made reasonable efforts required 08 under AS 47.10.086 or, in the case of an Indian child, whether the Department has 09 made active efforts to provide remedial services and rehabilitative programs as 10 required by 25 U.S.C. Sec. 1912(d); 11 (2) whether the parent or guardian has made substantial progress to 12 remedy the parent's or guardian's conduct or conditions in the home that made the 13 child a child in need of aid; [AND] 14 (3) if the permanent plan is for the child to remain in out-of-home care, 15 whether the child's out-of-home placement continues to be appropriate and in the best 16 interests of the child; and 17 (4) whether the Department has made reasonable efforts to finalize 18 the permanent plan for the child. 19 * Sec. 54. The uncodified law of the State of Alaska is amended by adding a new section to 20 read: 21 DIRECT COURT RULE AMENDMENT. Rule 18(d)(1), Alaska Child in 22 Need of Aid Rules of Procedure, is amended to read: 23 (d) Relinquishment. 24 (1) Notwithstanding other provisions of this rule, the court may 25 terminate parental rights after a voluntary relinquishment pursuant to AS 47.10.089 26 [AS 25.23.180]. In the case of an Indian child, the relinquishment must meet the 27 requirements set forth in 25 U.S.C. § 1913(c). 28 * Sec. 55. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 DIRECT COURT RULE AMENDMENT. Rule 22(c), Alaska Child in Need 31 of Aid Rules of Procedure, is amended to read:
01 (c) Child's Name or Picture. The name or picture of a child who is the 02 subject of a CINA proceeding may not be made available to the public unless 03 authorized by court order accompanied by a written statement reciting the 04 circumstances which support such authorization, or unless to implement the 05 permanency plan for the child after all parental rights of custody have been 06 terminated. 07 * Sec. 56. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 DIRECT COURT RULE AMENDMENT. Rule 9(a), Alaska Adoption Rules, 10 is amended to read: 11 (a) Form. A consent or relinquishment must be in writing and must include: 12 (1) notice of the person's right to withdraw the consent or 13 relinquishment as provided by paragraphs (g) and (h) of this rule; 14 (2) the address and telephone number of the court in which the 15 adoption or relinquishment proceeding has or is expected to be filed; 16 (3) a statement of the right to counsel as stated in Rule 8; 17 (4) a statement concerning whether or not any visitation rights or 18 other parental privileges are sought to be retained after the adoption; 19 (5) if a consent, the information required in AS 25.23.060; and 20 (6) if signed by a parent, a statement of whether the parent is a minor. 21 * Sec. 57. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 DIRECT COURT RULE AMENDMENT. Rule 9(g), Alaska Adoption Rules, 24 is amended to read: 25 (g) Withdrawal of Consent or Relinquishment of a Non-Indian Child. 26 The parent of a non-Indian child may withdraw a consent or relinquishment by 27 notifying in writing the court, or the person or agency obtaining the consent or 28 relinquishment, within 10 days of the birth or signing of the consent or 29 relinquishment, whichever is later. Notification is timely if received or postmarked on 30 or before the last day of this time period. The parent may move the court to permit 31 withdrawal of the consent or relinquishment after the 10 day period pursuant to
01 AS 25.23.070 for a consent or AS 25.23.180(g) or AS 47.10.089(h) for a 02 relinquishment. 03 * Sec. 58. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 DIRECT COURT RULE AMENDMENT. Rule 13(a), Alaska Adoption 06 Rules, is amended to read: 07 (a) Voluntary Relinquishment. A decree terminating parental rights may be 08 entered after a voluntary relinquishment pursuant to AS 25.23.180 or AS 47.10.089. 09 The court shall enter findings of fact which must include a statement concerning 10 whether visitation rights are being allowed under AS 25.23.130(c) or other privileges 11 are being retained under AS 25.23.180 or AS 47.10.089, and whether the time limit 12 for withdrawal of the relinquishment has elapsed. If the relinquishment was signed in 13 the presence of the court, findings also must be entered as to whether the parent 14 understood the consequences of the relinquishment, and whether the relinquishment 15 was voluntarily signed. 16 In the case of a voluntary relinquishment of parental rights to an Indian 17 child, the court shall make additional findings concerning whether any notice 18 required by Rule 10(e) was timely given; whether the relinquishment was 19 voluntary and in compliance with the requirements of 25 U.S.C. Section 1913; 20 and whether the child's placement complies with the preferences set out in 25 21 U.S.C. Section 1915 or good cause exists for deviation from the placement 22 preference. 23 * Sec. 59. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 INDIRECT COURT RULE AMENDMENT. (a) AS 13.26.064, added by sec. 3 of 26 this Act, amends Rules 14 and 15, Alaska Rules of Probate Procedure, by providing that 27 retained privileges be set out in the guardianship decree and by providing additional 28 procedures related to a voluntary relinquishment of parental rights. 29 (b) AS 25.23.180(j) - (n) and AS 47.10.089, added by secs. 5 and 19 of this Act, 30 amend Rules 9 and 13, Alaska Adoption Rules, by requiring retained privileges to be set out 31 in the relinquishment form and order and by providing additional procedures related to the
01 relinquishment. 02 (c) AS 25.23.180(k) - (n) and AS 47.10.089(g), (h), and (j), added by secs. 5 and 19 03 of this Act, amend Rule 13, Alaska Adoption Rules, by authorizing review hearings for 04 voluntary relinquishments. 05 (d) AS 47.10.080(l), as amended by sec. 13 of this Act, amends Rule 17.2(f), Alaska 06 Child in Need of Aid Rules of Procedure, by modifying the grounds for review of a 07 permanent plan. 08 (e) AS 47.10.089, added by sec. 19 of this Act, amends Rule 18, Alaska Child in 09 Need of Aid Rules of Procedure, by providing that a relinquishment be in writing, allowing 10 for the withdrawal of the relinquishment, allowing for the retention of certain privileges, and 11 authorizing a review hearing before the entry of an adoption or legal guardianship decree. 12 * Sec. 60. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 INDIRECT COURT RULE AMENDMENT. (a) Sections 10 and 11 of this Act, 15 AS 47.10.080(v), enacted by sec. 15 of this Act, and AS 47.10.088(o), enacted by sec. 18 of 16 this Act, have the effect of changing Rule 3, Alaska Child in Need of Aid Rules of Procedure, 17 by allowing members of the public to attend court hearings except in certain circumstances. 18 (b) Sections 21 and 24 - 29 of this Act have the effect of changing Rule 22, Alaska 19 Child in Need of Aid Rules of Procedure, by allowing the disclosure of confidential 20 information pertaining to a child, including a child's name or picture to be made public in 21 certain circumstances. 22 * Sec. 61. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 APPLICABILITY. (a) The amendments to Rule 3, Alaska Child in Need of Aid 25 Rules of Procedure, made by secs. 50 - 52 of this Act, apply to hearings that are conducted on 26 or after the effective date of secs. 50 - 52 of this Act. 27 (b) Sections 10 - 12, 15, 18, 20, 21, 24 - 29, and 50 - 52, and 55 of this Act apply to 28 all proceedings and hearings conducted on or after the effective date of those sections. 29 (c) Sections 10, 11, 15, 18, and 21 - 29 of this Act apply to all information, records, 30 and files created on or after the effective date of those sections; however, if a file contains 31 information and records that were created before the effective date of secs. 10, 11, 15, 18, and
01 21 - 29 of this Act, that information and those records retain the confidentiality that they had 02 under the law on the day before the effective date of secs. 10, 11, 15, 18 , and 21 - 29 of this 03 Act. 04 * Sec. 62. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 TRANSITION: REGULATIONS. The Department of Health and Social Services 07 may proceed to adopt regulations necessary to implement the changes made by this Act. The 08 regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the 09 effective date of the relevant statutory change. 10 * Sec. 63. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 REVISOR'S INSTRUCTION. The revisor of statutes is instructed to change the 13 heading of AS 47.10.088 from "Termination of parental rights and responsibilities" to 14 "Involuntary termination of parental rights and responsibilities." 15 * Sec. 64. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 CONDITIONAL EFFECT. (a) The amendments to Rule 3, Alaska Child in Need of 18 Aid Rules of Procedure, made by secs. 50 - 52 of this Act, take effect only if secs. 50 - 52 of 19 this Act receive the two-thirds majority vote of each house required by art. IV, sec. 15, 20 Constitution of the State of Alaska. 21 (b) Section 13 of this Act and Rule 17.2(f), Alaska Child in Need of Aid Rules, as 22 amended by sec. 53 of this Act, take effect only if sec. 53 and sec. 59(d) of this Act receive 23 the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution of the 24 State of Alaska. 25 (c) Rule 18(d)(1), Alaska Child in Need of Aid Rules, as amended by sec. 54 of this 26 Act, takes effect only if sec. 54 of this Act receives the two-thirds majority vote of each house 27 required by art. IV, sec. 15, Constitution of the State of Alaska. 28 (d) The amendments to Rule 22(c), Alaska Child in Need of Aid Rules of Procedure, 29 made by sec. 55 of this Act take effect only if sec. 55 of this Act receives the two-thirds 30 majority vote of each house required by Art. IV, sec. 15, Constitution of the State of Alaska. 31 (e) Sections 10 and 11 of this Act, AS 47.10.080(v), enacted by sec. 15 of this Act,
01 AS 47.10.088(o), enacted by sec. 18 of this Act, and secs. 21 and 24 - 29 of this Act, take 02 effect only if secs. 50 - 52, 55, and 60 of this Act receive the two-thirds majority vote of each 03 house as required by art. IV, sec. 15, Constitution of the State of Alaska. 04 (f) Rule 9(a), Alaska Adoption Rules, as amended by sec. 56 of this Act, takes effect 05 only if sec. 56 of this Act receives the two-thirds majority vote of each house required by art. 06 IV, sec. 15, Constitution of the State of Alaska. 07 (g) Rule 9(g), Alaska Adoption Rules, as amended by sec. 57 of this Act, takes effect 08 only if sec. 57 of this Act receives the two-thirds majority vote of each house required by art. 09 IV, sec. 15, Constitution of the State of Alaska. 10 (h) Rule 13(a), Alaska Adoption Rules, as amended by sec. 58 of this Act, takes effect 11 only if sec. 58 of this Act receives the two-thirds majority vote of each house required by art. 12 IV, sec. 15, Constitution of the State of Alaska. 13 (i) AS 13.26.064, added by sec. 3 of this Act, AS 25.23.180(j) - (n), added by sec. 5 14 of this Act, and AS 47.10.089, added by sec. 19 of this Act, take effect only if sec. 59(a) and 15 (b) of this Act receive the two-thirds majority vote of each house required by art. IV, sec. 15, 16 Constitution of the State of Alaska. 17 * Sec. 65. If, under sec. 64 of this Act, secs. 10 and 11 of this Act, AS 47.10.080(v), 18 enacted by sec. 15 of this Act, AS 47.10.088(o), enacted by sec. 18 of this Act, and secs. 21 19 and 24 - 29 of this Act take effect, they take effect July 1, 2005. 20 * Sec. 66. Except as provided in sec. 65 of this Act, this Act takes effect immediately under 21 AS 01.10.070(c).