SCS 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, court records, 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 obligation of a public agency to disclose agency 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; modifying adoption and placement procedures in certain child-in-need-of-aid cases; relating to the admissibility into evidence of the prior recorded statement of a crime victim less than 16 years of age; amending Rules 9 and 13, Alaska Adoption Rules, Rules 3, 17.2, 18, and 22, Alaska Child in Need of Aid Rules of Procedure, Rules 14 and 15, Alaska Rules of Probate Procedure, and Rule 801, Alaska Rules of Evidence; and providing for an effective date."
00 SENATE CS FOR CS FOR SS 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, court records, and public agency 04 records and information in child-in-need-of-aid matters and certain child protection 05 matters, to immunity regarding disclosure of information in child-in-need-of-aid matters 06 and certain child protection matters, to proceedings regarding voluntary relinquishment 07 and 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 obligation of a public agency to disclose agency information pertaining to 11 a child in need of aid; relating to disclosure of confidential or privileged information 12 about children and families involved with children's services within the Department of
01 Health and Social Services to officials for review or use in official capacities; relating to 02 reports of harm and to adoptions and foster care; relating to consent for the medication 03 of children in state custody; prescribing the rights of family members related to child-in- 04 need-of-aid cases and establishing a familial priority for adoption; modifying adoption 05 and placement procedures in certain child-in-need-of-aid cases; relating to the 06 admissibility into evidence of the prior recorded statement of a crime victim less than 16 07 years of age; amending Rules 9 and 13, Alaska Adoption Rules, Rules 3, 17.2, 18, and 22, 08 Alaska Child in Need of Aid Rules of Procedure, Rules 14 and 15, Alaska Rules of 09 Probate Procedure, and Rule 801, Alaska Rules of Evidence; and providing for an 10 effective date." 11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 12 * Section 1. AS 13.26.055 is amended to read: 13 Sec. 13.26.055. Court appointment of guardian of minor; qualifications; 14 priority of minor's nominee and adult family member. The court may appoint as 15 guardian any adult [PERSON] whose appointment would be in the best interests of 16 the minor and is consistent with a priority given to an adult family member. The 17 court shall appoint a person nominated by the minor, if the minor is 14 years of age or 18 older, unless the court finds the appointment contrary to the best interests of the minor. 19 In this section, "adult family member" has the meaning given in AS 47.10.990. 20 * Sec. 2. AS 13.26 is amended by adding a new section to read: 21 Sec. 13.26.064. Guardianship after voluntary relinquishment; procedure. 22 In addition to the applicable procedures under this chapter, a guardianship decree and 23 review of a guardianship decree are governed by the procedures established under 24 AS 25.23.180 and, for a child-in-need-of-aid, AS 47.10.089, pertaining to voluntary 25 relinquishment of parental rights and retaining of parental privileges in a guardianship 26 decree. 27 * Sec. 3. AS 25.23 is amended by adding a new section to read:
01 Sec. 25.23.127. Adult family member preference to adopt. Taking into 02 consideration a child's stated preference under AS 25.23.125(a) and consent given 03 under AS 25.23.040(a)(5), and unless the court finds that a petition to adopt the child 04 by an adult family member is contrary to the best interest of the child, the court shall 05 grant a petition to adopt a child by an adult family member who has had physical 06 custody of the child for at least 12 consecutive months before the parental rights to the 07 child have been terminated. In this section, "adult family member" has the meaning 08 given in AS 47.10.990. 09 * Sec. 4. AS 25.23.180 is amended by adding new subsections to read: 10 (j) In a relinquishment of parental rights executed under (a) of this section, a 11 parent may retain privileges with respect to the child, including the ability to have 12 future contact, communication, and visitation with the child. A retained privilege 13 must be stated in writing with specificity. Not less than 10 days after the 14 relinquishment is signed, the court may enter an order terminating parental rights if the 15 court finds that termination of parental rights under the terms of the agreement is in 16 the child's best interest. If a parent has retained one or more privileges, the court shall 17 incorporate the retained privileges into the termination order with a recommendation 18 that the retained privileges be incorporated in an adoption or legal guardianship 19 decree. 20 (k) 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 (l) 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 (m) After a termination order is entered and before the entry of an adoption or
01 legal guardianship decree, a prospective adoptive parent or a guardian of a child who 02 is the subject of an adoption decree may request, after providing notice as specified 03 under this subsection, that the court decline to incorporate a privilege retained in a 04 termination order and recommended for incorporation in an adoption or guardianship 05 decree under (j) of this section. The request made under this subsection may only be 06 considered by the court after providing at least 20 days' notice by certified mail to the 07 last known address of the person who has voluntarily relinquished parental rights to 08 the child. The notice under this subsection must describe the request and explain that 09 the recipient of the notice may submit a written statement under penalty of perjury to 10 the court that the recipient either agrees with or opposes the request. The notice must 11 also include the deadline for submitting the statement and the mailing address of the 12 court. The court may decline to incorporate a retained privilege if the person who 13 retained the privilege agrees with the request or if the court finds that it is in the child's 14 best interest. 15 (n) A person who relinquished parental rights is entitled to the appointment of 16 an attorney if a hearing is requested under (l) or (m) of this section to the same extent 17 as if the parent's rights had not been terminated in a child-in-need-of-aid proceeding. 18 * Sec. 5. AS 43.23.005(f) is amended to read: 19 (f) The [IN A TIME OF NATIONAL MILITARY EMERGENCY, THE] 20 commissioner may waive the requirement of (a)(4) of this section for an individual 21 absent from the state 22 (1) in a time of national military emergency under military orders 23 while serving in the armed forces of the United States, or for the spouse and 24 dependents of that individual; or 25 (2) while in the custody of the Department of Health and Social 26 Services in accordance with a court order under AS 47.10 or AS 47.12 and placed 27 outside of the state by the Department of Health and Social Services for purposes 28 of medical or behavioral treatment. 29 * Sec. 6. AS 47.10.005 is amended to read: 30 Sec. 47.10.005. Construction. The provisions of this chapter shall be 31 liberally construed to
01 (1) achieve the end that a child coming within the jurisdiction of the 02 court under this chapter may receive the care, guidance, treatment, and control that 03 will promote the child's welfare and the parents' participation in the upbringing of 04 the child to the fullest extent consistent with the child's best interests; and 05 (2) follow the findings set out in AS 47.05.065. 06 * Sec. 7. AS 47.10.020(a) is amended to read: 07 (a) Whenever circumstances subject a child to the jurisdiction of the court 08 under AS 47.10.005 - 47.10.142, the court shall appoint a competent person or agency 09 to make a preliminary inquiry and report for the information of the court to determine 10 whether the best interests of the child require that further action be taken. The court 11 shall make the appointment on its own motion or at the request of a person or 12 agency having knowledge of the child's circumstances. If, under this subsection, 13 the court appoints a person or agency to make a preliminary inquiry and to report to it, 14 or if the department is conducting an investigation of a report of child abuse or 15 neglect, the court may issue any orders necessary to aid the person, the agency, 16 or the department in its investigation or in making the preliminary inquiry and 17 report. Upon [THEN, UPON THE] receipt of the report under this subsection, the 18 court may 19 (1) close the matter without a court hearing; 20 (2) determine whether the best interests of the child require that further 21 action be taken; or 22 (3) authorize the person or agency having knowledge of the facts of the 23 case to file with the court a petition setting out the facts. 24 * Sec. 8. AS 47.10.020 is amended by adding a new subsection to read: 25 (e) Nothing in this section requires the department to obtain authorization 26 from the court before 27 (1) conducting an investigation of a report of child abuse or neglect; or 28 (2) filing a petition. 29 * Sec. 9. AS 47.10.070(a) is amended to read: 30 (a) The court may conduct the hearing on the petition in an informal manner. 31 The court shall give notice of the hearing to the department, and it may send a
01 representative to the hearing. The court shall also transmit a copy of the petition to the 02 department. The department shall send notice of the hearing to the persons for whom 03 notice is required under AS 47.10.030(b) and to each grandparent of the child entitled 04 to notice under AS 47.10.030(d). The department and the persons to whom the 05 department must send notice of the hearing are entitled to be heard at the hearing. 06 Except as provided in (c) of this section, and unless prohibited by federal or state 07 law, court order, or court rule, a hearing is open to the public [HOWEVER, THE 08 COURT MAY LIMIT THE PRESENCE OF THE FOSTER PARENT OR OTHER 09 OUT-OF-HOME CARE PROVIDER AND OF ANY GRANDPARENT OF THE 10 CHILD TO THE TIME DURING WHICH THE PERSON'S TESTIMONY IS BEING 11 GIVEN IF IT IS (1) IN THE BEST INTEREST OF THE CHILD; OR (2) 12 NECESSARY TO PROTECT THE PRIVACY INTERESTS OF THE PARTIES 13 AND WILL NOT BE DETRIMENTAL TO THE CHILD. THE PUBLIC SHALL BE 14 EXCLUDED FROM THE HEARING, BUT THE COURT, IN ITS DISCRETION, 15 MAY PERMIT INDIVIDUALS TO ATTEND A HEARING IF THEIR 16 ATTENDANCE IS COMPATIBLE WITH THE BEST INTERESTS OF THE 17 CHILD]. 18 * Sec. 10. AS 47.10.070 is amended by adding new subsections to read: 19 (c) Except as provided in (e) of this section, the following hearings in child-in- 20 need-of-aid cases are closed to the public: 21 (1) the initial court hearing after the filing of a petition to commence 22 the child-in-need-of-aid case; 23 (2) a hearing following the initial hearing in which a parent, child, or 24 other party to the case is present but has not had an opportunity to obtain legal 25 representation; 26 (3) a hearing, or a part of a hearing, for which the court issues a written 27 order finding that allowing the hearing, or part of the hearing, to be open to the public 28 would reasonably be expected to 29 (A) stigmatize or be emotionally damaging to a child; 30 (B) inhibit a child's testimony in that hearing; 31 (C) disclose matters otherwise required to be kept confidential
01 by state or federal statute or regulation, court order, or court rule; or 02 (D) interfere with a criminal investigation or proceeding or a 03 criminal defendant's right to a fair trial in a criminal proceeding; before ruling 04 on a request under this subparagraph, the court shall give notice and an 05 opportunity to be heard to the state or a municipal agency that is assigned to 06 the criminal investigation or to the prosecuting attorney. 07 (d) If a hearing, or part of a hearing, in a child-in-need-of-aid case is not 08 closed under (c) of this section, the court shall hear in camera any information offered 09 regarding the location, or readily leading to the location, of a parent, child, or other 10 party to the case who is a victim of domestic violence or whose safety or welfare may 11 be endangered by public release of the information. Access to testimony heard in 12 camera under this subsection is limited to the court and authorized court personnel. 13 (e) The grandparents of the child and an out-of-home care provider may attend 14 hearings that are otherwise closed to the public under (c) of this section. However, the 15 court shall limit the presence of these persons in a hearing closed to the public to the 16 time during which the person's testimony is being given if the court determines that 17 the limitation is necessary under (c)(3) of this section. 18 (f) Notwithstanding any other provision of this chapter, a person attending a 19 hearing open to the public may not disclose a name, picture, or other information that 20 would readily lead to the identification of a child who is the subject of the child-in- 21 need-of-aid case. At the beginning of the hearing, the court shall issue an order 22 specifying the restrictions necessary to comply with this subsection. If a person 23 violates the order, the court may impose any appropriate sanction, including contempt 24 and closure of any further hearings to the person. 25 * Sec. 11. AS 47.10.080(c) is amended to read: 26 (c) If the court finds that the child is a child in need of aid, the court shall 27 (1) order the child committed to the department for placement in an 28 appropriate setting for a period of time not to exceed two years or in any event not to 29 extend past the date the child becomes 19 years of age, except that the department or 30 the child's guardian ad litem may petition for and the court may grant in a hearing 31 (A) one-year extensions of commitment that do not extend
01 beyond the child's 19th birthday if the extension is in the best interests of the 02 child; and 03 (B) an additional one-year period of state custody past [AGE] 04 19 years of age if the continued state custody is in the best interests of the 05 person and the person consents to it; 06 (2) order the child released to a parent, adult family member 07 [RELATIVE], or guardian of the child or to another suitable person, and, in 08 appropriate cases, order the parent, adult family member [RELATIVE], guardian, or 09 other person to provide medical or other care and treatment; if the court releases the 10 child, it shall direct the department to supervise the care and treatment given to the 11 child, but the court may dispense with the department's supervision if the court finds 12 that the adult to whom the child is released will adequately care for the child without 13 supervision; the department's supervision may not exceed two years or in any event 14 extend past the date the child reaches [AGE] 19 years of age, except that the 15 department or the child's guardian ad litem may petition for and the court may grant in 16 a hearing 17 (A) one-year extensions of supervision that do not extend 18 beyond the child's 19th birthday if the extensions are in the best interests of the 19 child; and 20 (B) an additional one-year period of supervision past [AGE] 19 21 years of age if the continued supervision is in the best interests of the person 22 and the person consents to it; or 23 (3) order, under the grounds specified in (o) of this section or 24 AS 47.10.088, the termination of parental rights and responsibilities of one or both 25 parents and commit the child to the custody of the department, and the department 26 shall report quarterly to the court on efforts being made to find a permanent placement 27 for the child. 28 * Sec. 12. AS 47.10.080(l) is amended to read: 29 (l) Within 12 months after the date a child enters foster care as calculated 30 under AS 47.10.088(f), the court shall hold a permanency hearing. The hearing and 31 permanent plan developed in the hearing are governed by the following provisions:
01 (1) the persons entitled to be heard under AS 47.10.070 or under (f) of 02 this section are also entitled to be heard at the hearing held under this subsection; 03 (2) when establishing the permanent plan for the child, the court shall 04 make appropriate written findings, including findings related to whether 05 (A) and when the child should be returned to the parent or 06 guardian; 07 (B) the child should be placed for adoption or legal 08 guardianship and whether a petition for termination of parental rights should be 09 filed by the department; and 10 (C) the child should be placed in another planned, permanent 11 living arrangement and what steps are necessary to achieve the new 12 arrangement; 13 (3) if the court is unable to make a finding required under (2) of this 14 subsection, the court shall hold another hearing within a reasonable period of time; 15 (4) in addition to the findings required by (2) of this subsection, the 16 court shall also make appropriate written findings related to 17 (A) whether the department has made the reasonable efforts 18 required under AS 47.10.086 to offer appropriate family support services to 19 remedy the parent's or guardian's conduct or conditions in the home that made 20 the child a child in need of aid under this chapter; 21 (B) whether the parent or guardian has made substantial 22 progress to remedy the parent's or guardian's conduct or conditions in the home 23 that made the child a child in need of aid under this chapter; [AND] 24 (C) if the permanent plan is for the child to remain in out-of- 25 home-care, whether the child's out-of-home placement continues to be 26 appropriate and in the best interests of the child; and 27 (D) whether the department has made reasonable efforts to 28 finalize the permanent plan for the child; 29 (5) the court shall hold a hearing to review the permanent plan at least 30 annually until successful implementation of the plan; if the plan approved by the court 31 changes after the hearing, the department shall promptly apply to the court for another
01 permanency hearing, and the court shall conduct the hearing within 30 days after 02 application by the department. 03 * Sec. 13. AS 47.10.080(p) is amended to read: 04 (p) If a child is removed from the parental home, the department shall provide 05 reasonable visitation between the child and the child's parents, guardian, and family. 06 When determining what constitutes reasonable visitation with a family member, the 07 department shall consider the nature and quality of the relationship that existed 08 between the child and the family member before the child was committed to the 09 custody of the department. The court may require the department to file a visitation 10 plan with the court. The department may deny visitation to the parents, guardian, or 11 family members if there is clear and convincing evidence that visits are not in the 12 child's best interests. If the department denies visitation to a parent or family 13 member of a child, the department shall inform the parent or family member of a 14 reason for the denial and of the parent's or adult family member's right to 15 request a review hearing as an interested person. A parent, adult family member, 16 or guardian who is denied visitation may request a review hearing. A non-party 17 adult family member requesting a review hearing under this subsection is not 18 eligible for publicly appointed legal counsel. 19 * Sec. 14. AS 47.10.080 is amended by adding new subsections to read: 20 (t) The court may not terminate parental rights solely on the basis that the 21 parent did not complete treatment required of the parent by the department for 22 reunification with the child if the treatment required was unavailable to the parent and 23 the department did not provide the treatment. 24 (u) For a child who is placed in foster care, when the department finds that it 25 is in the best interest of a child and that the foster family will not be placed in undue 26 risk of harm, the department shall require foster parents to provide regular 27 opportunities for visitation with the child by the parents of the child and encourage 28 foster parents to serve as mentors for facilitating family reunification. 29 (v) 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. 15. AS 47.10.084(c) is amended to read: 02 (c) When there has been transfer of legal custody or appointment of a guardian 03 and parental rights have not been terminated by court decree, the parents shall have 04 residual rights and responsibilities. These residual rights and responsibilities of the 05 parent include, but are not limited to, the right and responsibility of reasonable 06 visitation, consent to adoption, consent to marriage, consent to military enlistment, 07 consent to major medical treatment except in cases of emergency or cases falling 08 under AS 25.20.025, and the responsibility for support, except if by court order any 09 residual right and responsibility has been delegated to a guardian under (b) of this 10 section. In this subsection, "major medical treatment" includes the 11 administration of medication used to treat a mental health disorder. 12 * Sec. 16. AS 47.10.088(i) is amended to read: 13 (i) The department shall concurrently identify, recruit, process, and approve a 14 qualified person or family for an adoption whenever a petition to terminate a parent's 15 rights to a child is filed. Before identifying a placement of the child in an adoptive 16 home, the department shall attempt to locate all living adult family members of 17 the child and, if an adult family member expresses an interest in adopting the 18 child, investigate the adult family member's ability to care for the child. The 19 department shall provide to all adult family members of the child located by the 20 department written notice of the adult family members' rights under this chapter 21 and of the procedures necessary to gain custody of the child, but the 22 department's obligation to provide written notice under this subsection does not 23 apply to a parent of the child whose parental rights are being or have been 24 terminated or to an adult family member who is known by the department to be 25 ineligible for a foster care license under AS 47.35.019 or 47.35.021. If an adult 26 family member of the child requests that the department approve the adult 27 family member for an adoption, the department shall approve the request unless 28 there is good cause not to approve the adoption. If the court issues an order to 29 terminate under (j) of this section, the department shall report within 30 days on the 30 efforts being made to recruit a permanent placement for the child if a permanent 31 placement was not approved at the time of the trial under (j) of this section. The
01 report must document recruitment efforts made for the child. 02 * Sec. 17. AS 47.10 is amended by adding a new section to read: 03 Sec. 47.10.089. Voluntary relinquishment of parental rights and 04 responsibilities. (a) When a child is committed to the custody of the department 05 under AS 47.10.080(c)(1) or (3) or released under AS 47.10.080(c)(2), the rights of a 06 parent with respect to the child, including parental rights to control the child, to 07 withhold consent to an adoption, or to receive notice of a hearing on a petition for 08 adoption, may be voluntarily relinquished to the department and the relationship of 09 parent and child terminated in a proceeding as provided under this section. 10 (b) A voluntary relinquishment must be in writing and signed by a parent, 11 regardless of the age of the parent, in the presence of a representative of the 12 department or in the presence of a court of competent jurisdiction with the knowledge 13 and approval of the department. A copy of the signed relinquishment shall be given to 14 the parent. 15 (c) A voluntary relinquishment may be withdrawn within 10 days after it is 16 signed. The relinquishment is invalid unless the relinquishment contains the right of 17 withdrawal as specified under this subsection. 18 (d) A parent may retain privileges with respect to the child, including the 19 ability to have future contact, communication, and visitation with the child in a 20 voluntary relinquishment executed under this section. A retained privilege must be in 21 writing and stated with specificity. 22 (e) Not less than 10 days after a voluntary relinquishment is signed, the court 23 shall enter an order terminating parental rights if the court determines that termination 24 of parental rights under the terms of the relinquishment is in the child's best interest. 25 If a parent has retained one or more privileges under (d) of this section, the court shall 26 incorporate the retained privileges in the termination order with a recommendation 27 that the retained privileges be incorporated in an adoption or legal guardianship 28 decree. 29 (f) A voluntary relinquishment may not be withdrawn and a termination order 30 may not be vacated on the ground that a retained privilege has been withheld from the 31 relinquishing parent or that the relinquishing parent has been unable, for any reason, to
01 act on a retained privilege, except as provided in Rule 60(b), Alaska Rules of Civil 02 Procedure. 03 (g) After a termination order is entered, a person who has voluntarily 04 relinquished parental rights under this section may request a review hearing, upon a 05 showing of good cause, to seek enforcement or modification of or to vacate a privilege 06 retained in the termination order. The court may modify, enforce, or vacate the 07 retained privilege if the court finds, by clear and convincing evidence, that it is in the 08 best interest of the child to do so. 09 (h) After a termination order is entered and before the entry of an adoption or 10 legal guardianship decree, a person who voluntarily relinquished parental rights to a 11 child under this section may request a review hearing, upon a showing of good cause, 12 to vacate the termination order and reinstate parental rights relating to that child. A 13 court shall vacate a termination order if the person shows, by clear and convincing 14 evidence, that reinstatement of parental rights is in the best interest of the child and 15 that the person is rehabilitated and capable of providing the care and guidance that will 16 serve the moral, emotional, mental, and physical welfare of the child. 17 (i) A person who relinquished parental rights is entitled to the appointment of 18 an attorney if a hearing is requested under (g), (h), or (j) of this section to the same 19 extent as if the parent's rights had not been terminated in a child-in-need-of-aid 20 proceeding. 21 (j) After a termination order is entered and before the entry of an adoption or 22 legal guardianship decree, a prospective adoptive parent or a guardian of a child who 23 is the subject of the adoption or guardianship decree may request, after providing 24 notice as specified under this subsection, that the court decline to incorporate a 25 privilege retained in a termination order and recommended for incorporation in an 26 adoption or guardianship decree under (e) of this section. The request made under this 27 subsection may only be considered by the court after providing at least 20 days' notice 28 by certified mail to the last known address of the person who has voluntarily 29 relinquished parental rights to the child. The notice under this subsection must 30 describe the request and explain that the recipient of the notice may submit a written 31 statement under penalty of perjury to the court that the recipient either agrees with or
01 opposes the request. The notice must also include the deadline for submitting the 02 statement and the mailing address of the court. The court may decline to incorporate a 03 retained privilege if the person who retained the privilege agrees with the request or if 04 the court finds that it is in the child's best interest. 05 * Sec. 18. AS 47.10.090(c) is amended to read: 06 (c) Within 30 days after [OF] the date of a child's [MINOR'S] 18th birthday 07 or, if the court retains jurisdiction of a child [MINOR] past the child's [MINOR'S] 08 18th birthday, within 30 days after [OF] the date on which the court releases 09 jurisdiction over the child [MINOR], the court shall order all the court's official 10 records pertaining to that child [MINOR] in a proceeding under this chapter sealed. A 11 person may not use these sealed records unless authorized by order of [FOR ANY 12 PURPOSE EXCEPT THAT] the court upon a finding of [MAY ORDER THEIR 13 USE FOR] good cause [SHOWN]. 14 * Sec. 19. AS 47.10.090(d) is amended to read: 15 (d) The name or picture of a child [MINOR] under the jurisdiction of the court 16 may not be made public in connection with the child's [MINOR'S] status as a child in 17 need of aid unless authorized by order of the court or unless to implement the 18 permanency plan for a child after all parental rights of custody have been 19 terminated. This subsection does not prohibit the release of aggregate 20 information for statistical or other informational purposes if the identity of any 21 particular person is not revealed by the release. 22 * Sec. 20. AS 47.10.092(a) is amended to read: 23 (a) Notwithstanding AS 47.10.090 and 47.10.093, a parent or legal guardian of 24 a child subject to a proceeding under AS 47.10.005 - 47.10.142 may disclose 25 confidential or privileged information about the child or the child's family, including 26 information that has been lawfully obtained from agency or court files, to the 27 governor, the lieutenant governor, a legislator, the ombudsman appointed under 28 AS 24.55, the attorney general, and the commissioner [COMMISSIONERS] of health 29 and social services, administration, or public safety, or an employee of these persons, 30 for review or use in their official capacities. The Department of Health and Social 31 Services and the Department of Administration [DEPARTMENT] shall disclose
01 additional confidential or privileged information, excluding privileged attorney- 02 client information, and make copies of documents available for inspection about the 03 child or the child's family to these state officials or employees for review or use in 04 their official capacities upon request of the official or employee and submission of 05 satisfactory evidence that a parent or legal guardian of the child has requested the state 06 official's assistance in the case as part of the official's duties. A person to whom 07 disclosure is made under this section may not disclose confidential or privileged 08 information about the child or the child's family to a person not authorized to receive 09 it. 10 * Sec. 21. AS 47.10.092 is amended by adding new subsections to read: 11 (d) The obligations under (a) of this section remain in effect throughout the 12 period that the child is in the custody of the department, including after the parent's 13 parental rights have been terminated with respect to the child, unless the child's parent 14 or legal guardian who made the disclosure under (a) of this section subsequently files 15 a notice with the Department of Health and Social Services that the assistance of the 16 state official or employee is no longer requested. 17 (e) The Department of Health and Social Services shall notify an official 18 identified under (a) of this section of the opportunity for a parent to file a grievance 19 under AS 47.10.098 when the official is denied access to all or part of a requested 20 record. 21 * Sec. 22. AS 47.10.093(a) is amended to read: 22 (a) Except as permitted [SPECIFIED] in AS 47.10.092 and in (b) - (g) and 23 (k) - (n) [(b) - (g)] of this section, all information and social records pertaining to a 24 child [MINOR] who is subject to this chapter or AS 47.17 prepared by or in the 25 possession of a federal, state, or municipal agency or employee in the discharge of the 26 agency's or employee's official duty are privileged and may not be disclosed directly 27 or indirectly to anyone without a court order. 28 * Sec. 23. AS 47.10.093(b) is amended to read: 29 (b) A state or municipal agency or employee shall disclose appropriate 30 confidential information regarding a case to 31 (1) a guardian ad litem appointed by the court;
01 (2) a person or an agency requested by the department or the child's 02 legal custodian to provide consultation or services for a child who is subject to the 03 jurisdiction of the court under AS 47.10.010 as necessary to enable the provision of 04 the consultation or services; 05 (3) an out-of-home care provider [FOSTER PARENTS OR 06 RELATIVES WITH WHOM THE CHILD IS PLACED BY THE DEPARTMENT] 07 as [MAY BE] necessary to enable the out-of-home care provider [FOSTER 08 PARENTS OR RELATIVES] to provide appropriate care to [FOR] the child [WHO 09 IS THE SUBJECT OF THE CASE], to protect the safety of the child [WHO IS THE 10 SUBJECT OF THE CASE], and to protect the safety and property of family members 11 and visitors of the out-of-home care provider [FOSTER PARENTS OR 12 RELATIVES]; 13 (4) a school official [OFFICIALS] as [MAY BE] necessary to enable 14 the school to provide appropriate counseling and support services to a [THE] child 15 who is the subject of the case, to protect the safety of the child [WHO IS THE 16 SUBJECT OF THE CASE], and to protect the safety of school students and staff; 17 (5) a governmental agency as [MAY BE] necessary to obtain that 18 agency's assistance for the department in its investigation or to obtain physical custody 19 of a child; 20 (6) a law enforcement agency of this state or another jurisdiction as 21 [MAY BE] necessary for the protection of any child or for actions by that agency to 22 protect the public safety; 23 (7) a member [MEMBERS] of a multidisciplinary child protection 24 team created under AS 47.14.300 as [MAY BE] necessary for the performance of the 25 member's [THEIR] duties; 26 (8) the state medical examiner under AS 12.65 as [MAY BE] 27 necessary for the performance of the duties of the state medical examiner; 28 (9) a person who has made a report of harm as required by 29 AS 47.17.020 to inform the person that the investigation was completed and of action 30 taken to protect the child who was the subject of the report; [AND] 31 (10) the child support services agency established in AS 25.27.010 as
01 [MAY BE] necessary to establish and collect child support for a child who is a child in 02 need of aid under this chapter; 03 (11) a parent, guardian, or caregiver of a child or an entity 04 responsible for ensuring the safety of children as necessary to protect the safety 05 of a child; and 06 (12) a review panel established by the department, the legislature, 07 or the governor for the purpose of reviewing the actions taken by the department 08 in a specific case. 09 * Sec. 24. AS 47.10.093(c) is repealed and reenacted to read: 10 (c) A state or municipal law enforcement agency shall disclose information 11 regarding a case that is needed by the person or agency charged with making a 12 preliminary investigation for the information of the court under AS 47.10.020. 13 * Sec. 25. AS 47.10.093(f) is amended to read: 14 (f) The department may release to a person with a legitimate interest 15 confidential information relating to children [MINORS] not subject to the 16 jurisdiction of the court under AS 47.10.010. [THE DEPARTMENT SHALL ADOPT 17 REGULATIONS GOVERNING THE RELEASE OF INFORMATION AND 18 IDENTIFYING A SUFFICIENT LEGITIMATE INTEREST.] 19 * Sec. 26. AS 47.10.093(g) is amended to read: 20 (g) The department and affected law enforcement agencies shall work with 21 school districts and private schools to develop procedures for the disclosure of 22 confidential information to a school official [OFFICIALS] under (b)(3) [(b)(4)] of 23 this section. The procedures must provide a method for informing the principal or the 24 principal's designee of the school that the student attends as soon as it is reasonably 25 practicable. 26 * Sec. 27. AS 47.10.093 is amended by adding new subsections to read: 27 (k) The commissioner of health and social services or the commissioner's 28 designee or the commissioner of administration or the commissioner's designee, as 29 appropriate, may disclose to the public, upon request, confidential information, as set 30 out in (l) of this section, when 31 (1) the parent or guardian of a child who is the subject of a report of
01 harm under AS 47.17 has made a public disclosure concerning the department's 02 involvement with the family; 03 (2) the alleged perpetrator named in a report of harm under AS 47.17 04 has been charged with a crime concerning the alleged abuse or neglect; or 05 (3) a report of harm under AS 47.17 has resulted in the fatality or near 06 fatality of that child. 07 (l) The type of information that may be publicly disclosed under (k) of this 08 section is information related to the determination, if any, made by the department 09 regarding the validity of a report of harm under AS 47.17 and the department's 10 activities arising from the department's investigation of the report. The commissioner 11 or the commissioner's designee 12 (1) shall withhold disclosure of the child's name, picture, or other 13 information that would readily lead to the identification of the child if the department 14 determines that the disclosure would be contrary to the best interests of the child, the 15 child's siblings, or other children in the child's household; or 16 (2) after consultation with a prosecuting attorney, shall withhold 17 disclosure of information that would reasonably be expected to interfere with a 18 criminal investigation or proceeding or a criminal defendant's right to a fair trial in a 19 criminal proceeding. 20 (m) Except for a disclosure made under (k) of this section, a person to whom 21 disclosure is made under this section may not disclose confidential information about 22 the child or the child's family to a person not authorized to receive it. 23 (n) The Department of Health and Social Services and the Department of 24 Administration shall adopt regulations to implement and interpret the duties of the 25 respective department under this section, including regulations governing the release 26 of confidential information and identifying a sufficient legitimate interest under (f) of 27 this section. 28 (o) A person may not bring an action for damages against the state, the 29 commissioner, or the commissioner's designee based on the disclosure or 30 nondisclosure of information under (k) of this section except for civil damages 31 resulting from gross negligence or reckless or intentional misconduct.
01 * Sec. 28. AS 47.10 is amended by adding a new section to read: 02 Sec. 47.10.098. Grievance procedure. (a) The department shall develop, in 03 regulation, a grievance procedure for a parent to file a complaint based on 04 (1) the application of a department policy or procedure under this 05 chapter; 06 (2) compliance with this chapter or a regulation adopted under this 07 chapter; or 08 (3) an act or failure to act by the department under this chapter. 09 (b) The department shall prepare and distribute to each parent of a child who 10 is under the jurisdiction of the department a written copy of the grievance procedure 11 developed under (a) of this section. 12 * Sec. 29. AS 47.10.960 is repealed and reenacted to read: 13 Sec. 47.10.960. Civil liability. Failure to comply with a provision of this title 14 does not constitute a basis for civil liability for damages. 15 * Sec. 30. AS 47.10.990(16) is amended to read: 16 (16) "mental health professional" has the meaning given in 17 AS 47.30.915, except that, if the child is placed in another state by the 18 department, "mental health professional" also includes a professional listed in 19 the definition of "mental health professional" in AS 47.30.915 who is not licensed 20 to practice by a board of this state but is licensed by a corresponding licensing 21 authority to practice in the state in which the child is placed; 22 * Sec. 31. AS 47.10.990 is amended by adding new paragraphs to read: 23 (28) "adult family member" means a person who is 18 years of age or 24 older and who is 25 (A) related to the child as the child's grandparent, aunt, uncle, 26 or sibling; or 27 (B) the child's sibling's legal guardian or parent; 28 (29) "family member" means a person of any age who is 29 (A) related to the child as the child's grandparent, aunt, uncle, 30 or sibling; or 31 (B) the child's sibling's legal guardian or parent;
01 (30) "near fatality" means physical injury or other harm, as certified by 02 a physician, caused by an act or omission that created a substantial risk of death; 03 (31) "out-of-home care provider" means a foster parent or relative 04 other than a parent with whom the child is placed. 05 * Sec. 32. AS 47.12.990(10) is amended to read: 06 (10) "mental health professional" has the meaning given in 07 AS 47.30.915, except that, if the minor is placed in another state by the 08 department, "mental health professional" also includes a professional listed in 09 the definition of "mental health professional" in AS 47.30.915 who is not licensed 10 to practice by a board of this state but is licensed by a corresponding licensing 11 authority to practice in the state in which the minor is placed; 12 * Sec. 33. AS 47.14.100(a) is amended to read: 13 (a) Subject to (e), (f), and (i) - (m) [(i) - (l)] of this section, the department 14 shall arrange for the care of every child committed to its custody by placing the child 15 in a foster home or in the care of an agency or institution providing care for children 16 inside or outside the state. The department may place a child in a suitable family 17 home, with or without compensation, and may place a child released to it, in writing 18 verified by the parent, or guardian or other person having legal custody, for adoptive 19 purposes, in a home for adoption in accordance with existing law. 20 * Sec. 34. AS 47.14.100(e) is repealed and reenacted to read: 21 (e) When a child is removed from a parent's home, the department shall place 22 the child, in the absence of a showing of good cause to the contrary, 23 (1) in the least restrictive setting that most closely approximates a 24 family and that meets the child's special needs, if any; 25 (2) within reasonable proximity to the child's home, taking into 26 account any special needs of the child and the preferences of the child or parent; 27 (3) with, in the following order of preference, 28 (A) an adult family member; 29 (B) a family friend who meets the foster care licensing 30 requirements established by the department; 31 (C) a licensed foster home that is not an adult family member
01 or family friend; 02 (D) an institution for children that has a program suitable to 03 meet the child's needs. 04 * Sec. 35. AS 47.14.100(f) is amended to read: 05 (f) If an adult family member [A BLOOD RELATIVE] of the child 06 specified under (e) of this section exists and agrees that the child should be placed 07 elsewhere, before placement elsewhere, the department shall fully communicate the 08 nature of the placement proceedings to the adult family member [RELATIVE]. 09 Communication under this subsection shall be made in the adult family member's 10 [RELATIVE'S] native language, if necessary. [NOTHING IN THIS SUBSECTION 11 OR IN (e) OF THIS SECTION APPLIES TO CHILD PLACEMENT FOR 12 ADOPTIVE PURPOSES.] 13 * Sec. 36. AS 47.14.100(j) is amended to read: 14 (j) For the purpose of determining whether the home of a relative meets the 15 requirements for placement of a child under (e) of this section or under 16 AS 47.10.088(i), the department shall conduct a criminal background check from state 17 and national criminal justice information available under AS 12.62. The department 18 may conduct a fingerprint background check on any member of the relative's 19 household who is 16 [12] years of age or older when the relative requests placement of 20 the child. For the purposes of obtaining criminal justice information under this 21 subsection, the department is a criminal justice agency conducting a criminal justice 22 activity under AS 12.62. 23 * Sec. 37. AS 47.14.100 is amended by adding a new subsection to read: 24 (m) Prima facie evidence of good cause not to place a child with an adult 25 family member or family friend under AS 47.10.088(i) or under (e) of this section 26 includes grounds for denial of a foster care license under AS 47.35.019 or 47.35.021. 27 Prima facie evidence of good cause not to place a child with an adult family member 28 or adult family friend does not include poverty or inadequate or crowded housing. If 29 the department denies a request for placement with an adult family member or a 30 family friend, the department shall inform the adult family member or family friend of 31 the basis for the denial and the right to request a hearing to review the decision. A
01 non-party adult family member or family friend requesting a review hearing under 02 AS 47.10.088(i) or under (e) of this section is not eligible for publicly appointed legal 03 counsel. 04 * Sec. 38. AS 47.14 is amended by adding a new section to article 3 to read: 05 Sec. 47.14.205. State Citizen Review Panel. (a) There is established within 06 the department a Citizen Review Panel. The panel shall be composed of volunteer 07 members who are broadly representative of the state, including members who have 08 expertise in the prevention and treatment of child abuse and neglect. 09 (b) The panel shall meet not less than once every three months. Meetings may 10 take place telephonically. 11 * Sec. 39. AS 47.14 is amended by adding a new section to article 3 to read: 12 Sec. 47.14.215. Duties of the state panel. (a) The state panel shall evaluate 13 the extent to which the department is effectively discharging its child protection 14 responsibilities under 15 (1) the state plan submitted to the United States Department of Health 16 and Human Services under 42 U.S.C. 5106a(b); 17 (2) child protection standards under federal and state laws; and 18 (3) any other criteria that the panel considers important to ensuring the 19 protection of children, including the level and efficiency of coordination of foster care 20 and adoption programs in the state and a review of child fatalities and near fatalities. 21 (b) In carrying out the responsibilities under (a) of this section, the state panel 22 shall examine the policies, procedures, and practices of the department, and, where 23 appropriate, evaluate specific cases of child abuse or neglect. 24 (c) The commissioner shall, by regulation, establish policies and procedures 25 necessary to carrying out the duties of the state panel under this section. 26 * Sec. 40. AS 47.14 is amended by adding a new section to article 3 read: 27 Sec. 47.14.225. Cooperation with state panel. (a) The department shall 28 provide the panel access to information on child abuse or neglect cases that is 29 necessary for the panel to carry out its duties under AS 47.14.215. 30 (b) The department shall serve as staff to the state panel as requested by the 31 panel members.
01 * Sec. 41. AS 47.14 is amended by adding a new section to article 3 to read: 02 Sec. 47.14.235. Confidentiality. (a) A person attending a meeting of the 03 state panel or a member or staff of the state panel may not make any disclosure related 04 to information obtained during a review by the state panel unless authorized under 05 AS 47.10.092 or 47.10.093. 06 (b) Meetings of the state panel are subject to AS 44.62.310 and 44.62.312. 07 * Sec. 42. AS 47.14 is amended by adding a new section to article 3 to read: 08 Sec. 47.14.245. Public outreach. The state panel shall conduct public 09 outreach and gather public comment on current department procedures and practices 10 involving children and family services. 11 * Sec. 43. AS 47.14 is amended by adding a new section to article 3 to read: 12 Sec. 47.14.255. Report. (a) The state panel shall prepare and make available 13 to the governor, the legislature, and to the public an annual report containing a 14 summary of the activities of the panel conducted under AS 47.14.205 - 47.14.295 and 15 recommendations for the improvement of child protection services in the state. 16 (b) Not later than six months after the date on which the report is released 17 under (a) of this section, the department shall submit a written response to the report. 18 The department's response must include a description of whether and how the 19 department will incorporate the recommendations of the panel, where appropriate. 20 * Sec. 44. AS 47.14 is amended by adding a new section to article 3 to read: 21 Sec. 47.14.265. Civil penalty for violation of AS 47.14.235. A violation 22 under 47.14.235 is subject to a civil penalty of up to $2,500 for each violation. 23 * Sec. 45. AS 47.14 is amended by adding a new section to article 3 to read: 24 Sec. 47.14.275. Immunity. A member of the state panel and a person who 25 furnishes services to or advises the state panel is not liable for damages or other relief 26 in an action involving the performance or failure to perform a duty or other activity of 27 the state panel. 28 * Sec. 46. AS 47.14 is amended by adding a new section to article 3 to read: 29 Sec. 47.14.295. Definitions. In AS 47.14.205 - 47.14.295, 30 (1) "adult family member" has the meaning given in AS 47.10.990; 31 (2) "near fatality" has the meaning given in AS 47.10.990;
01 (3) "state panel" means the Citizen Review Panel established under 02 AS 47.14.205. 03 * Sec. 47. AS 47.17.025 is amended by adding a new subsection to read: 04 (c) Within 20 days after receiving a report of harm, whether or not the matter 05 is referred to a local government agency, the department shall notify the person who 06 made the report and who made a request to be notified, about the status of the 07 investigation, without disclosing any confidential information. 08 * Sec. 48. AS 47.17.027(a) is amended to read: 09 (a) If the department or a law enforcement agency provides written 10 certification to the child's school officials that (1) there is reasonable cause to suspect 11 that the child has been abused or neglected by a person responsible for the child's 12 welfare or as a result of conditions created by a person responsible for the child's 13 welfare; (2) an interview at school is a necessary part of an investigation to determine 14 whether the child has been abused or neglected; and (3) the interview at school is in 15 the best interests of the child, school officials shall permit the child to be interviewed 16 at school by the department or a law enforcement agency before notification of, or 17 receiving permission from, the child's parent, guardian, or custodian. A school official 18 shall be present during an interview at the school unless the child objects or the 19 department or law enforcement agency determines that the presence of the school 20 official will interfere with the investigation. The interview shall be conducted as 21 required under AS 47.17.033. Immediately after conducting an interview authorized 22 under this section, and after informing the child of the intention to notify the child's 23 parent, guardian, or custodian, the department or agency shall make every reasonable 24 effort to notify the child's parent, guardian, or custodian that the interview occurred 25 unless it appears to the department or agency that notifying the child's parent, 26 guardian, or custodian would endanger the child. 27 * Sec. 49. AS 47.17.033 is amended by adding new subsections to read: 28 (c) An investigation by the department of child abuse or neglect reported 29 under this chapter shall be conducted by a person trained to conduct a child abuse and 30 neglect investigation and without subjecting a child to more than one interview about 31 the abuse or neglect except when new information is obtained that requires further
01 information from the child. 02 (d) An interview of a child conducted as a result of a report of harm may be 03 audiotaped or videotaped. If an interview of a child concerns a report of sexual abuse 04 of the child by a parent or caretaker of the child, the interview shall be videotaped, 05 unless videotaping the interview is not feasible or will, in the opinion of the 06 investigating agency, result in trauma to the child. 07 (e) An interview of a child that is audiotaped or videotaped under (d) of this 08 section shall be conducted 09 (1) by a person trained and competent to conduct the interview; 10 (2) if available, at a child advocacy center; and 11 (3) by a person who is a party to a memorandum of understanding with 12 the department to conduct the interview or who is employed by an agency that is 13 authorized to conduct investigations. 14 (f) An interview of a child may not be videotaped more than one time unless 15 the interviewer or the investigating agency determines that one or more additional 16 interviews are necessary to complete an investigation. If additional interviews are 17 necessary, the additional interviews shall be conducted, to the extent possible, by the 18 same interviewer who conducted the initial interview of the child. 19 (g) A recorded interview of a child shall be preserved in the manner and for a 20 period provided by law for maintaining evidence and records of a public agency. 21 (h) A recorded interview of a child is subject to disclosure under the 22 applicable court rules for discovery in a civil or criminal case. 23 (i) In this section, "child advocacy center" means a facility operated with a 24 child-focused, community partnership committed to a multidisciplinary team approach 25 that includes representatives from law enforcement, child protection, criminal 26 prosecution, victim advocacy, and the medical and mental health fields who 27 collaborate and assist in investigating allegations of sexual or other abuse and neglect 28 of children. 29 * Sec. 50. AS 47.18.300(a) is amended to read: 30 (a) The department, in coordination with local public and private agencies, 31 shall design, develop, and implement a foster care transition program to provide
01 support and services to individuals who 02 (1) reach or have reached the age of 16 or older while in state foster 03 care and have not yet reached 23 years of age [THE AGE OF 21]; and 04 (2) meet other eligibility criteria established by the department under 05 (b) of this section. 06 * Sec. 51. The uncodified law of the State of Alaska is amended by adding a new section to 07 read: 08 DIRECT COURT RULE AMENDMENT. Rule 3(c), Alaska Child in Need of 09 Aid Rules of Procedure, is amended to read: 10 (c) Presence of Grandparent or Foster Parent. A grandparent of a child 11 and the foster parent or other out-of-home care provider are [IS] entitled to be heard 12 at any hearing at which the person is present. However, the court may limit the 13 presence of these persons in a hearing that has been closed to the public under 14 (f)(2) of this rule [THE FOSTER PARENT OR CARE PROVIDER] to the time 15 during which the person's testimony is being given if the court determines that such 16 a limitation is necessary under the circumstances listed in (f)(2)(C) of this rule [IT 17 IS (1) IN THE BEST INTEREST OF THE CHILD; OR (2) NECESSARY TO 18 PROTECT THE PRIVACY INTERESTS OF THE PARTIES AND WILL NOT BE 19 DETRIMENTAL TO THE CHILD]. 20 * Sec. 52. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 DIRECT COURT RULE AMENDMENT. Rule 3(f), Alaska Child in Need of 23 Aid Rules of Procedure, is repealed and reenacted to read: 24 (f) General Public Access to Hearings. 25 (1) Except as provided in (2) of this paragraph, and unless prohibited 26 by federal or state statute or regulation, court order, or other court rule, hearings are 27 open to the public. 28 (2) The following hearings are closed to the public: 29 (A) the initial court hearing after the filing of a petition that 30 begins the child-in-need-of-aid case; 31 (B) a hearing following the initial hearing in which a parent,
01 child, or other party to the case is present but has not had an opportunity to 02 obtain legal representation; 03 (C) a hearing, or a part of a hearing, for which the court issues 04 a written order finding that allowing the hearing, or part of the hearing, to be 05 open to the public would reasonably be expected to stigmatize or be 06 emotionally damaging to a child; inhibit a child's testimony in the hearing; 07 disclose matters otherwise required to be kept confidential by state or federal 08 statute or regulation, court order, or court rule; or interfere with a criminal 09 investigation or proceeding or a criminal defendant's right to a fair trial in a 10 criminal proceeding. 11 (3) Before ruling on a request under (2)(C) of this paragraph 12 concerning potential interference with a criminal investigation or proceeding, the court 13 shall give notice and an opportunity to be heard to the state or a municipal agency that 14 is assigned to the criminal investigation or to the prosecuting attorney. 15 (4) If the court closes a hearing to the public under (2)(C) of this 16 paragraph, the court shall close only the portions of the hearing necessary to prevent 17 the potential harm listed in (2)(C) of this paragraph. If a hearing, or part of a hearing, 18 is open to the public, the court shall hear in camera any information offered regarding 19 the location, or readily leading to the location, of a parent, child, or other party to the 20 case who is a victim of domestic violence or whose safety or welfare may be 21 endangered by the public release of information. Access to testimony heard in camera 22 under this subparagraph is limited to the court and authorized court personnel. 23 (5) Notwithstanding any other provision of this rule, the court shall 24 issue an order to prohibit all persons in a hearing open to the public from disclosing to 25 any person a name, picture, or other information that would readily lead to the 26 identification of a child who is the subject of the proceeding. If a person violates the 27 order, the court may impose any appropriate sanction, including contempt and closure 28 of any further hearings in the proceeding to the person. 29 (6) A party to the proceeding may move the court to close to the public 30 a hearing, or part of the hearing, to avoid the harm specified in (2)(C) of this 31 paragraph. A member of the public may request in writing to be served with a motion
01 filed under this subparagraph. If such a request has been filed in advance of the filing 02 of the motion, the party filing the motion must also serve the member of the public 03 who requested notice under this subparagraph. The court may waive the service 04 required under this subparagraph to a member of the public if a motion to close the 05 hearing, or part of the hearing, is made under this subparagraph immediately before or 06 during the hearing and the court finds that 07 (A) the need for closure was not reasonably foreseeable 08 sufficiently in advance of the hearing to allow for notice; 09 (B) there is good cause not to delay the hearing in order to 10 achieve notice, taking into consideration the age of the child and the potential 11 adverse effect that a delay could have on the child; and 12 (C) whatever notice is practicable under the circumstances has 13 occurred. 14 * Sec. 53. The uncodified law of the State of Alaska is amended by adding a new section to 15 read: 16 DIRECT COURT RULE AMENDMENT. Rule 17.2(f), Alaska Child in Need 17 of Aid Rules of Procedure, is amended to read: 18 (f) Additional Findings. In addition to the findings required under paragraph 19 (e), the court shall also make written findings related to 20 (1) whether the Department has made reasonable efforts required 21 under AS 47.10.086 or, in the case of an Indian child, whether the Department has 22 made active efforts to provide remedial services and rehabilitative programs as 23 required by 25 U.S.C. Sec. 1912(d); 24 (2) whether the parent or guardian has made substantial progress to 25 remedy the parent's or guardian's conduct or conditions in the home that made the 26 child a child in need of aid; [AND] 27 (3) if the permanent plan is for the child to remain in out-of-home care, 28 whether the child's out-of-home placement continues to be appropriate and in the best 29 interests of the child; and 30 (4) whether the Department has made reasonable efforts to finalize 31 the permanent plan for the child.
01 * Sec. 54. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 DIRECT COURT RULE AMENDMENT. Rule 18(d)(1), Alaska Child in 04 Need of Aid Rules of Procedure, is amended to read: 05 (d) Relinquishment. 06 (1) Notwithstanding other provisions of this rule, the court may 07 terminate parental rights after a voluntary relinquishment pursuant to AS 47.10.089 08 [AS 25.23.180]. In the case of an Indian child, the relinquishment must meet the 09 requirements set forth in 25 U.S.C. § 1913(c). 10 * Sec. 55. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 DIRECT COURT RULE AMENDMENT. Rule 22(c), Alaska Child in Need 13 of Aid Rules of Procedure, is amended to read: 14 (c) Child's Name or Picture. The name or picture of a child who is the 15 subject of a CINA proceeding may not be made available to the public unless 16 authorized by court order accompanied by a written statement reciting the 17 circumstances which support such authorization, or unless to implement the 18 permanency plan for the child after all parental rights of custody have been 19 terminated. 20 * Sec. 56. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 DIRECT COURT RULE AMENDMENT. Rule 9(a), Alaska Adoption Rules, 23 is amended to read: 24 (a) Form. A consent or relinquishment must be in writing and must include: 25 (1) notice of the person's right to withdraw the consent or 26 relinquishment as provided by paragraphs (g) and (h) of this rule; 27 (2) the address and telephone number of the court in which the 28 adoption or relinquishment proceeding has or is expected to be filed; 29 (3) a statement of the right to counsel as stated in Rule 8; 30 (4) a statement concerning whether or not any visitation rights or 31 other parental privileges are sought to be retained after the adoption;
01 (5) if a consent, the information required in AS 25.23.060; and 02 (6) if signed by a parent, a statement of whether the parent is a minor. 03 * Sec. 57. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 DIRECT COURT RULE AMENDMENT. Rule 9(g), Alaska Adoption Rules, 06 is amended to read: 07 (g) Withdrawal of Consent or Relinquishment of a Non-Indian Child. 08 The parent of a non-Indian child may withdraw a consent or relinquishment by 09 notifying in writing the court, or the person or agency obtaining the consent or 10 relinquishment, within 10 days of the birth or signing of the consent or 11 relinquishment, whichever is later. Notification is timely if received or postmarked on 12 or before the last day of this time period. The parent may move the court to permit 13 withdrawal of the consent or relinquishment after the 10 day period pursuant to 14 AS 25.23.070 for a consent or AS 25.23.180(g) or AS 47.10.089(h) for a 15 relinquishment. 16 * Sec. 58. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 DIRECT COURT RULE AMENDMENT. Rule 13(a), Alaska Adoption 19 Rules, is amended to read: 20 (a) Voluntary Relinquishment. A decree terminating parental rights may be 21 entered after a voluntary relinquishment pursuant to AS 25.23.180 or AS 47.10.089. 22 The court shall enter findings of fact which must include a statement concerning 23 whether visitation rights are being allowed under AS 25.23.130(c) or other privileges 24 are being retained under AS 25.23.180 or AS 47.10.089, and whether the time limit 25 for withdrawal of the relinquishment has elapsed. If the relinquishment was signed in 26 the presence of the court, findings also must be entered as to whether the parent 27 understood the consequences of the relinquishment, and whether the relinquishment 28 was voluntarily signed. 29 In the case of a voluntary relinquishment of parental rights to an Indian child, 30 the court shall make additional findings concerning whether any notice required by 31 Rule 10(e) was timely given; whether the relinquishment was voluntary and in
01 compliance with the requirements of 25 U.S.C. Section 1913; and whether the child's 02 placement complies with the preferences set out in 25 U.S.C. Section 1915 or good 03 cause exists for deviation from the placement preference. 04 * Sec. 59. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 DIRECT COURT RULE AMENDMENT. Rule 801(d), Alaska Rules of 07 Evidence, is amended by adding a new paragraph to read: 08 (3) Recorded Statement by Child Victims of Crime. The statement is a 09 recorded statement by the victim of a crime who is less than 16 years of age and 10 (A) the recording was made before the proceeding; 11 (B) the victim is available for cross-examination; 12 (C) the prosecutor and any attorney representing the defendant 13 were not present when the statement was taken; 14 (D) the recording is on videotape or other format that records 15 both the visual and aural components of the statement; 16 (E) each person who participated in the taking of the statement 17 is identified on the recording; 18 (F) the taking of the statement as a whole was conducted in a 19 manner that would avoid undue influence of the victim; 20 (G) the defense has been provided a reasonable opportunity to 21 view the recording before the proceeding; and 22 (H) the court has had an opportunity to view the recording and 23 determine that it is sufficiently reliable and trustworthy and that the interests of 24 justice are best served by admitting the recording into evidence. 25 * Sec. 60. The uncodified law of the State of Alaska is amended by adding a new section to 26 read: 27 INDIRECT COURT RULE AMENDMENT. (a) AS 13.26.064, added by sec. 2 of 28 this Act, amends Rules 14 and 15, Alaska Rules of Probate Procedure, by providing that 29 retained privileges be set out in the guardianship decree and by providing additional 30 procedures related to a voluntary relinquishment of parental rights. 31 (b) AS 25.23.180(j) - (n) and AS 47.10.089, added by secs. 4 and 17 of this Act,
01 amend Rules 9 and 13, Alaska Adoption Rules, by requiring retained privileges to be set out 02 in the relinquishment form and order and by providing additional procedures related to the 03 relinquishment. 04 (c) AS 25.23.180(k) - (n) and AS 47.10.089(g), (h), and (j), added by secs. 4 and 17 05 of this Act, amend Rule 13, Alaska Adoption Rules, by authorizing review hearings for 06 voluntary relinquishments. 07 (d) AS 47.10.080(l), as amended by sec. 12 of this Act, amends Rule 17.2(f), Alaska 08 Child in Need of Aid Rules of Procedure, by modifying the grounds for review of a 09 permanent plan. 10 (e) AS 47.10.089, added by sec. 17 of this Act, amends Rule 18, Alaska Child in 11 Need of Aid Rules of Procedure, by providing that a relinquishment be in writing, allowing 12 for the withdrawal of the relinquishment, allowing for the retention of certain privileges, and 13 authorizing a review hearing before the entry of an adoption or legal guardianship decree. 14 * Sec. 61. The uncodified law of the State of Alaska is amended by adding a new section to 15 read: 16 INDIRECT COURT RULE AMENDMENT. (a) Sections 9 and 10 of this Act, and 17 AS 47.10.080(v), enacted by sec. 14 of this Act, have the effect of changing Rule 3, Alaska 18 Child in Need of Aid Rules of Procedure, by allowing members of the public to attend court 19 hearings except in certain circumstances. 20 (b) Sections 19 and 22 - 27 of this Act have the effect of changing Rule 22, Alaska 21 Child in Need of Aid Rules of Procedure, by allowing the disclosure of confidential 22 information pertaining to a child, including a child's name or picture to be made public in 23 certain circumstances. 24 * Sec. 62. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 APPLICABILITY. (a) The amendments to Rule 3, Alaska Child in Need of Aid 27 Rules of Procedure, made by secs. 51 and 52 of this Act, apply to hearings that are conducted 28 on or after the effective date of secs. 51 and 52 of this Act. 29 (b) Sections 9 - 11, 14, 18, 19, 22 - 27, 51, 52, and 55 of this Act apply to all 30 proceedings and hearings conducted on or after the effective date of those sections. 31 (c) Sections 9, 10, 14, and 19 - 27 of this Act apply to all information, records, and
01 files created on or after the effective date of those sections; however, if a file contains 02 information and records that were created before the effective date of secs. 9, 10, 14, and 19 - 03 27 of this Act, that information and those records retain the confidentiality that they had under 04 the law on the day before the effective date of secs. 9, 10, 14, and 19 - 27 of this Act. 05 * Sec. 63. The uncodified law of the State of Alaska is amended by adding a new section to 06 read: 07 TRANSITION: REGULATIONS. The Department of Health and Social Services 08 may proceed to adopt regulations necessary to implement the changes made by this Act. The 09 regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the 10 effective date of the relevant statutory change. 11 * Sec. 64. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 REVISOR'S INSTRUCTION. The revisor of statutes is instructed to change the 14 heading of AS 47.10.088 from "Termination of parental rights and responsibilities" to 15 "Involuntary termination of parental rights and responsibilities." 16 * Sec. 65. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 CONDITIONAL EFFECT. (a) The amendments to Rule 3, Alaska Child in Need of 19 Aid Rules of Procedure, made by secs. 51 and 52 of this Act, take effect only if secs. 51 and 20 52 of this Act receive the two-thirds majority vote of each house required by art. IV, sec. 15, 21 Constitution of the State of Alaska. 22 (b) Section 12 of this Act and Rule 17.2(f), Alaska Child in Need of Aid Rules, as 23 amended by sec. 53 of this Act, take effect only if sec. 53 and sec. 60(d) of this Act receive 24 the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution of the 25 State of Alaska. 26 (c) Rule 18(d)(1), Alaska Child in Need of Aid Rules, as amended by sec. 54 of this 27 Act, takes effect only if sec. 54 of this Act receives the two-thirds majority vote of each house 28 required by art. IV, sec. 15, Constitution of the State of Alaska. 29 (d) The amendments to Rule 22(c), Alaska Child in Need of Aid Rules of Procedure, 30 made by sec. 55 of this Act take effect only if sec. 55 of this Act receives the two-thirds 31 majority vote of each house required by art. IV, sec. 15, Constitution of the State of Alaska.
01 (e) Sections 9 and 10 of this Act, AS 47.10.080(v), enacted by sec. 14 of this Act, and 02 secs. 19 and 22 - 27 of this Act, take effect only if secs. 51, 52, 53, and 61 of this Act receive 03 the two-thirds majority vote of each house as required by art. IV, sec. 15, Constitution of the 04 State of Alaska. 05 (f) Rule 9(a), Alaska Adoption Rules, as amended by sec. 56 of this Act, takes effect 06 only if sec. 56 of this Act receives the two-thirds majority vote of each house required by art. 07 IV, sec. 15, Constitution of the State of Alaska. 08 (g) Rule 9(g), Alaska Adoption Rules, as amended by sec. 57 of this Act, takes effect 09 only if sec. 57 of this Act receives the two-thirds majority vote of each house required by art. 10 IV, sec. 15, Constitution of the State of Alaska. 11 (h) Rule 13(a), Alaska Adoption Rules, as amended by sec. 58 of this Act, takes effect 12 only if sec. 58 of this Act receives the two-thirds majority vote of each house required by art. 13 IV, sec. 15, Constitution of the State of Alaska. 14 (i) AS 13.26.064, added by sec. 2 of this Act, AS 25.23.180(j) - (n), added by sec. 4 15 of this Act, and AS 47.10.089, added by sec. 17 of this Act, take effect only if sec. 60(a) and 16 (b) of this Act receive the two-thirds majority vote of each house required by art. IV, sec. 15, 17 Constitution of the State of Alaska. 18 (j) Rule 801(d)(3), Alaska Rules of Evidence, added by sec. 59 of this Act, takes 19 effect only if sec. 59 of this Act receives the two-thirds majority vote of each house required 20 by art. IV, sec. 15, Constitution of the State of Alaska. 21 * Sec. 66. If, under sec. 65 of this Act, secs. 9 and 10 of this Act, AS 47.10.080(v), enacted 22 by sec. 14 of this Act, and secs. 19 and 22 - 27 of this Act take effect, they take effect July 1, 23 2005. 24 * Sec. 67. Except as provided in sec. 66 of this Act, this Act takes effect immediately under 25 AS 01.10.070(c).