CSHB 346(HES): "An Act relating to intensive family preservation and reunification services; relating to child abuse investigations and training."
00 CS FOR HOUSE BILL NO. 346(HES) 01 "An Act relating to intensive family preservation and reunification services; relating to 02 child abuse investigations and training." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 47.10.080(l) is amended to read: 05 (l) Within 12 months after the date a child enters foster care as calculated 06 under AS 47.10.088(f), the court shall hold a permanency hearing. The hearing and 07 permanent plan developed in the hearing are governed by the following provisions: 08 (1) the persons entitled to be heard under AS 47.10.070 or under (f) of 09 this section are also entitled to be heard at the hearing held under this subsection; 10 (2) when establishing the permanent plan for the child, the court shall 11 make appropriate written findings, including findings related to whether 12 (A) and when the child should be returned to the parent or 13 guardian; 14 (B) the child should be placed for adoption or legal
01 guardianship and whether a petition for termination of parental rights should be 02 filed by the department; and 03 (C) the child should be placed in another planned, permanent 04 living arrangement and what steps are necessary to achieve the new 05 arrangement; 06 (3) if the court is unable to make a finding required under (2) of this 07 subsection, the court shall hold another hearing within a reasonable period of time; 08 (4) in addition to the findings required by (2) of this subsection, the 09 court shall also make appropriate written findings related to 10 (A) whether the department has made the reasonable efforts 11 required under AS 47.10.086 to offer appropriate family support services, 12 available intensive family preservation services, or intensive family 13 reunification services to remedy the parent's or guardian's conduct or 14 conditions in the home that made the child a child in need of aid under this 15 chapter; 16 (B) whether the parent or guardian has made substantial 17 progress to remedy the parent's or guardian's conduct or conditions in the home 18 that made the child a child in need of aid under this chapter; 19 (C) if the permanent plan is for the child to remain in out-of- 20 home care [OUT-OF-HOME-CARE], whether the child's out-of-home 21 placement continues to be appropriate and in the best interests of the child; and 22 (D) whether the department has made reasonable efforts to 23 finalize the permanent plan for the child; 24 (5) the court shall hold a hearing to review the permanent plan at least 25 annually until successful implementation of the plan; if the plan approved by the court 26 changes after the hearing, the department shall promptly apply to the court for another 27 permanency hearing, and the court shall conduct the hearing within 30 days after 28 application by the department. 29 * Sec. 2. AS 47.10.086(a) is amended to read: 30 (a) Except as provided in (b) and (c) of this section, the department shall make 31 timely, reasonable efforts to provide family support services to the child and to the
01 parents or guardian of the child that are designed to prevent out-of-home placement of 02 the child or to enable the safe return of the child to the family home, when appropriate, 03 if the child is in an out-of-home placement. Within appropriations available for the 04 purpose, the department shall also make reasonable efforts to refer a child for 05 intensive family preservation services, or intensive family reunification services, 06 or both, when those services are available and, if the child is in the home, the 07 child's safety in the home can be maintained during the time the services are 08 provided. The department's duty to make reasonable efforts under this subsection to 09 provide family support services includes the duty to 10 (1) identify family support services that will assist the parent or 11 guardian in remedying the conduct or conditions in the home that made the child a 12 child in need of aid; 13 (2) actively offer the parent or guardian, and refer the parent or 14 guardian to, the family support services identified under (1) of this subsection; the 15 department shall refer the parent or guardian to community-based family support 16 services whenever community-based services are available and desired by the parent 17 or guardian; and 18 (3) document the department's actions that are taken under [(1) AND 19 (2) OF] this subsection, including whether intensive family preservation services 20 or intensive family reunification services, or both, were appropriate, offered, 21 used, or available. 22 * Sec. 3. AS 47.17.033 is amended by adding new subsections to read: 23 (j) The training required under (c) of this section must address the 24 constitutional and statutory rights of children and families that apply throughout the 25 investigation and department intervention. The training must inform department 26 representatives of the applicable legal duties to protect the rights and safety of a child 27 and the child's family. 28 (k) During a joint investigation by the department and a law enforcement 29 agency, the department shall coordinate an investigation of child abuse or neglect with 30 the law enforcement agency to ensure that the possibility of a criminal charge is not 31 compromised.
01 (l) Unless a law enforcement official prohibits or restricts notification under 02 (k) of this section, at the time of initial contact with a person alleged to have 03 committed child abuse or neglect, the department shall notify the person of the 04 specific complaint or allegation made against the person, except that the identity of the 05 complainant shall not be revealed.