HB 405: "An Act relating to child custody investigators and establishing the Board of Child Custody Investigators."

00 HOUSE BILL NO. 405 01 "An Act relating to child custody investigators and establishing the Board of Child 02 Custody Investigators." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 08.01.010 is amended by adding a new paragraph to read: 05 (39) Board of Child Custody Investigators (AS 08.27). 06 * Sec. 2. AS 08.01.050(d) is amended to read: 07 (d) At the request of one of the following boards, the department may contract 08 with public agencies and private professional organizations to provide assistance and 09 treatment to persons licensed by the board who abuse alcohol, other drugs, or other 10 substances: 11 (1) Board of Social Work Examiners; 12 (2) Board of Dental Examiners; 13 (3) [REPEALED 14 (4)] State Medical Board;

01 (4) [(5)] Board of Nursing; 02 (5) [(6)] Board of Examiners in Optometry; 03 (6) [(7)] Board of Pharmacy; 04 (7) [(8)] State Physical Therapy and Occupational Therapy Board; 05 (8) [(9)] Board of Professional Counselors; 06 (9) [(10)] Board of Psychologist and Psychological Associate 07 Examiners; 08 (10) [(11)] Board of Veterinary Examiners; 09 (11) [AND (12)] Board of Marital and Family Therapy; and 10 (12) Board of Child Custody Investigators. 11 * Sec. 3. AS 08.03.010(c) is amended by adding a new paragraph to read: 12 (23) Board of Child Custody Investigators (AS 08.27.010) - June 30, 13 2013. 14 * Sec. 4. AS 08 is amended by adding a new chapter to read: 15 Chapter 27. Board of Child Custody Investigators. 16 Sec. 08.27.010. Creation, membership, and organization of the board. (a) 17 The Board of Child Custody Investigators is created. The board consists of seven 18 residents of the state appointed by the governor as follows: 19 (1) two superior court judges with at least five years of experience in 20 adjudicating child custody proceedings in the state; 21 (2) two attorneys licensed to practice law in the state with at least five 22 years of professional experience in child custody proceedings; 23 (3) one child custody investigator with at least five years of experience 24 investigating child custody cases in the state; and 25 (4) two members of the public. 26 (b) When appointing members under (a)(1) - (3) of this section, the governor 27 shall consult with the administrative director of the Alaska Court System. 28 (c) The board shall meet at least once a year, and additional meetings shall be 29 held on request of the chair or at the request of a majority of the members of the board. 30 (d) The board shall select a chair and a secretary from among its members. 31 (e) Members of the board shall serve staggered terms of three years. A board

01 member may be removed only for cause. 02 (f) Four members of the board constitute a quorum for the transaction of all 03 business properly before the board. 04 (g) In the event of the death, resignation, or removal of a member, the vacancy 05 shall be filled for the unexpired portion of the term in the same manner as the original 06 appointment. 07 (h) In addition to the requirements for public members under AS 08.01.025, a 08 public member of the board appointed under (a)(4) of this section may not be 09 participating in, have participated in, or live in a household with a person or have an 10 immediate family member who is participating in or who has participated in a court 11 action involving a child custody investigator. In this subsection, "immediate family 12 member" means a parent, sibling, or child related by blood, marriage, or adoption. 13 Sec. 08.27.020. Powers and duties. (a) The board shall 14 (1) establish criteria relating to applications, qualifications, and 15 training required for licensure as a child custody investigator; 16 (2) adopt a code of ethics to be observed by persons licensed under this 17 chapter; 18 (3) develop procedures for the receipt and review of complaints 19 relating to the performance and conduct of child custody investigators; 20 (4) review allegations of misconduct involving child custody 21 investigators; 22 (5) enforce the provisions of this chapter; and 23 (6) adopt regulations necessary to carry out the board's duties under 24 this chapter. 25 (b) The board may 26 (1) conduct hearings on charges of alleged violations of this chapter or 27 regulations adopted under this chapter; 28 (2) take disciplinary action against a licensee. 29 Sec. 08.27.030. Issuance of license. The board shall request the department to 30 issue to an applicant who provides proof satisfactory to the board that the applicant is 31 qualified and who has paid the applicable fees a license to practice as a child custody

01 investigator in the state. 02 Sec. 08.27.040. Fees. The department shall set fees for licenses and 03 applications under AS 08.01.065. 04 Sec. 08.27.050. License required. An individual may not engage in the 05 business of providing services as a child custody investigator unless the individual is 06 licensed under this chapter. 07 Sec. 08.27.190. Definitions. In this chapter, 08 (1) "board" means the Board of Child Custody Investigators; 09 (2) "department" means the Department of Commerce, Community, 10 and Economic Development. 11 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 TRANSITIONAL PROVISIONS APPLICABLE TO THE BOARD OF CHILD 14 CUSTODY INVESTIGATORS. Notwithstanding AS 08.27.010, enacted by sec. 4 of this 15 Act, the terms of the first members of the Board of Child Custody Investigators appointed by 16 the governor are as follows: (1) one superior court judge, one public member, and the child 17 custody investigator shall be appointed for two-year terms; (2) one superior court judge and 18 one attorney shall be appointed for three-year terms; and (3) one attorney and one public 19 member shall be appointed for one-year terms. The governor shall specify the term of office 20 of each superior court judge, attorney, and public member appointed subject to this section. 21 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 TRANSITIONAL PROVISIONS AFFECTING EXISTING CHILD CUSTODY 24 INVESTIGATORS. Notwithstanding AS 08.27.050, enacted by sec. 4 of this Act, a person 25 serving, or who has served in the five years preceding the effective date of this section, as a 26 child custody investigator in the state may continue to serve as a child custody investigator 27 until 180 days following the effective date of criteria adopted by the Board of Child Custody 28 Investigators relating to the submission, review, and approval of license applications under 29 AS 08.27.020, enacted by sec. 4 of this Act.