CSSB 83(JUD): "An Act relating to the retaining of certain privileges of a parent in a relinquishment and termination of a parent and child relationship proceeding; relating to eligibility for permanent fund dividends for certain children in the custody of the state; relating to child-in-need-of-aid proceedings and juvenile delinquency proceedings; relating to findings in permanency hearings in child-in-need-of-aid proceedings; amending Rule 17.2, Alaska Child in Need of Aid Rules of Procedure; and providing for an effective date."
00 CS FOR SENATE BILL NO. 83(JUD) 01 "An Act relating to the retaining of certain privileges of a parent in a relinquishment 02 and termination of a parent and child relationship proceeding; relating to eligibility for 03 permanent fund dividends for certain children in the custody of the state; relating to 04 child-in-need-of-aid proceedings and juvenile delinquency proceedings; relating to 05 findings in permanency hearings in child-in-need-of-aid proceedings; amending Rule 06 17.2, Alaska Child in Need of Aid Rules of Procedure; and providing for an effective 07 date." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. AS 25.23.180 is amended by adding a new subsection 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 with specificity in the writing, and, if a termination order is entered
01 following the relinquishment, the court shall incorporate a retained privilege into the 02 termination order. A relinquishment may not be withdrawn or invalidated, nor may a 03 termination order be vacated, on the grounds that a retained privilege has been 04 withheld from the relinquishing parent or that the relinquishing parent has been 05 unable, for any reason, to act upon a retained privilege. 06 * Sec. 2. AS 43.23.005(f) is amended to read: 07 (f) The [IN A TIME OF NATIONAL MILITARY EMERGENCY, THE] 08 commissioner may waive the requirement of (a)(4) of this section for an individual 09 absent from the state 10 (1) in a time of national military emergency under military orders 11 while serving in the armed forces of the United States, or for the spouse and 12 dependents of that individual; or 13 (2) while in the custody of the Department of Health and Social 14 Services in accordance with a court order under AS 47.10 or AS 47.12 and placed 15 outside of the state by the Department of Health and Social Services for purposes 16 of medical or behavioral treatment. 17 * Sec. 3. AS 47.10.020(a) is amended to read: 18 (a) Whenever circumstances subject a child to the jurisdiction of the court 19 under AS 47.10.005 - 47.10.142, the court shall appoint a competent person or agency 20 to make a preliminary inquiry and report for the information of the court to determine 21 whether the best interests of the child require that further action be taken. The court 22 shall make the appointment on its own motion or at the request of a person or 23 agency having knowledge of the child's circumstances. If, under this subsection, 24 the court appoints a person or agency to make a preliminary inquiry and to report to it, 25 or if the department is conducting an investigation of a report of child abuse or 26 neglect, the court may issue any orders necessary to aid the person, the agency, 27 or the department in its investigation or in making the preliminary inquiry and 28 report. Upon [THEN, UPON THE] receipt of the report under this subsection, the 29 court may 30 (1) close the matter without a court hearing; 31 (2) determine whether the best interests of the child require that further
01 action be taken; or 02 (3) authorize the person or agency having knowledge of the facts of the 03 case to file with the court a petition setting out the facts. 04 * Sec. 4. AS 47.10.020 is amended by adding a new subsection to read: 05 (e) Nothing in this section requires the department to obtain authorization 06 from the court before 07 (1) conducting an investigation of a report of child abuse or neglect; or 08 (2) filing a petition. 09 * Sec. 5. AS 47.10.080(l) is amended to read: 10 (l) Within 12 months after the date a child enters foster care as calculated 11 under AS 47.10.088(f), the court shall hold a permanency hearing. The hearing and 12 permanent plan developed in the hearing are governed by the following provisions: 13 (1) the persons entitled to be heard under AS 47.10.070 or under (f) of 14 this section are also entitled to be heard at the hearing held under this subsection; 15 (2) when establishing the permanent plan for the child, the court shall 16 make appropriate written findings, including findings related to whether 17 (A) and when the child should be returned to the parent or 18 guardian; 19 (B) the child should be placed for adoption or legal 20 guardianship and whether a petition for termination of parental rights should be 21 filed by the department; and 22 (C) the child should be placed in another planned, permanent 23 living arrangement and what steps are necessary to achieve the new 24 arrangement; 25 (3) if the court is unable to make a finding required under (2) of this 26 subsection, the court shall hold another hearing within a reasonable period of time; 27 (4) in addition to the findings required by (2) of this subsection, the 28 court shall also make appropriate written findings related to 29 (A) whether the department has made the reasonable efforts 30 required under AS 47.10.086 to offer appropriate family support services to 31 remedy the parent's or guardian's conduct or conditions in the home that made
01 the child a child in need of aid under this chapter; 02 (B) whether the parent or guardian has made substantial 03 progress to remedy the parent's or guardian's conduct or conditions in the home 04 that made the child a child in need of aid under this chapter; [AND] 05 (C) if the permanent plan is for the child to remain in out-of- 06 home-care, whether the child's out-of-home placement continues to be 07 appropriate and in the best interests of the child; and 08 (D) whether the department has made reasonable efforts to 09 finalize the permanent plan for the child; 10 (5) the court shall hold a hearing to review the permanent plan at least 11 annually until successful implementation of the plan; if the plan approved by the court 12 changes after the hearing, the department shall promptly apply to the court for another 13 permanency hearing, and the court shall conduct the hearing within 30 days after 14 application by the department. 15 * Sec. 6. AS 47.10 is amended by adding a new section to read: 16 Sec. 47.10.145. Expert witness testimony regarding absent parent, 17 guardian, or custodian. If the court finds by clear and convincing evidence that a 18 parent, guardian, or custodian of a child cannot be located after a reasonable search for 19 the parent, guardian, or custodian has been conducted by the department, the court 20 may conclude that the testimony of a qualified expert witness would support a finding 21 that continued custody of the child by the absent parent, guardian, or custodian is 22 likely to result in serious emotional or physical damage to the child. 23 * Sec. 7. AS 47.10.990(16) is amended to read: 24 (16) "mental health professional" has the meaning given in 25 AS 47.30.915, except that, if the child is placed in another state by the 26 department, "mental health professional" also includes a professional listed in 27 the definition of "mental health professional" in AS 47.30.915 who is not licensed 28 to practice by a board of this state but is licensed by a corresponding licensing 29 authority to practice in the state in which the child is placed; 30 * Sec. 8. AS 47.12.990(10) is amended to read: 31 (10) "mental health professional" has the meaning given in
01 AS 47.30.915, except that, if the minor is placed in another state by the 02 department, "mental health professional" also includes a professional listed in 03 the definition of "mental health professional" in AS 47.30.915 who is not licensed 04 to practice by a board of this state but is licensed by a corresponding licensing 05 authority to practice in the state in which the minor is placed; 06 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 07 read: 08 DIRECT COURT RULE AMENDMENT. Rule 17.2(f), Alaska Child in Need 09 of Aid Rules of Procedure, is amended to read: 10 (f) Additional Findings. In addition to the findings required under paragraph 11 (e), the court shall also make written findings related to 12 (1) whether the Department has made reasonable efforts required 13 under AS 47.10.086 or, in the case of an Indian child, whether the Department has 14 made active efforts to provide remedial services and rehabilitative programs as 15 required by 25 U.S.C. Sec. 1912(d); 16 (2) whether the parent or guardian has made substantial progress to 17 remedy the parent's or guardian's conduct or conditions in the home that made the 18 child a child in need of aid; [AND] 19 (3) if the permanent plan is for the child to remain in out-of-home care, 20 whether the child's out-of-home placement continues to be appropriate and in the best 21 interests of the child; and 22 (4) whether the Department has made reasonable efforts to finalize 23 the permanent plan for the child. 24 * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 CONDITIONAL EFFECT. Section 5 of this Act takes effect only if sec. 9 of this Act 27 receives the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution 28 of the State of Alaska. 29 * Sec. 11. This Act takes effect immediately under AS 01.10.070(c).