SB 82: "An Act relating to the procedures and jurisdiction of the Department of Health and Social Services for the care of children who are in state custody; relating to court jurisdiction and findings pertaining to children who are in state custody; and modifying the licensing requirements for foster care."
00 SENATE BILL NO. 82 01 "An Act relating to the procedures and jurisdiction of the Department of Health and 02 Social Services for the care of children who are in state custody; relating to court 03 jurisdiction and findings pertaining to children who are in state custody; and modifying 04 the licensing requirements for foster care." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 07 to read: 08 SHORT TITLE. This Act may be known as the Alaska Foster Family Protection Act. 09 * Sec. 2. 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;
01 (2) when establishing the permanent plan for the child, the court shall 02 make appropriate written findings, including findings related to whether 03 (A) and when the child should be returned to the parent or 04 guardian; 05 (B) the child should be placed for adoption or legal 06 guardianship and whether a petition for termination of parental rights should be 07 filed by the department; and 08 (C) there is a compelling reason that the most appropriate 09 placement for the child is [SHOULD BE PLACED] in another planned, 10 permanent living arrangement and the department has recommended the 11 arrangement under AS 47.14.100(q); the findings under this paragraph 12 must include the steps that [AND WHAT STEPS] are necessary to achieve 13 the new arrangement; 14 (3) if the court is unable to make a finding required under (2) of this 15 subsection, the court shall hold another hearing within a reasonable period of time; 16 (4) in addition to the findings required by (2) of this subsection, the 17 court shall also make appropriate written findings related to 18 (A) whether the department has made the reasonable efforts 19 required under AS 47.10.086 to offer appropriate family support services to 20 remedy the parent's or guardian's conduct or conditions in the home that made 21 the child a child in need of aid under this chapter; 22 (B) whether the parent or guardian has made substantial 23 progress to remedy the parent's or guardian's conduct or conditions in the home 24 that made the child a child in need of aid under this chapter; 25 (C) if the permanent plan is for the child to remain in out-of- 26 home-care, whether the child's out-of-home placement continues to be 27 appropriate and in the best interests of the child; and 28 (D) whether the department has made reasonable efforts to 29 finalize the permanent plan for the child; 30 (5) the court shall hold a hearing to review the permanent plan at least 31 annually until successful implementation of the plan; if the plan approved by the court
01 changes after the hearing, the department shall promptly apply to the court for another 02 permanency hearing, and the court shall conduct the hearing within 30 days after 03 application by the department. 04 * Sec. 3. AS 47.10.080 is amended by adding a new subsection to read: 05 (w) The court shall recognize a presumption that maintenance of a sibling 06 relationship, including with a sibling who is related by blood through one parent, is in 07 a child's best interest. 08 * Sec. 4. AS 47.10.100 is amended to read: 09 Sec. 47.10.100. Retention of jurisdiction over child [MINOR]. (a) The court 10 retains jurisdiction over the case and may at any time stay execution, modify, set 11 aside, revoke, or enlarge a judgment or order, or grant a new hearing, in the exercise 12 of its power of protection over the child [MINOR] and for the child's [MINOR'S] best 13 interest, for a period of time not to exceed two years or in any event extend past the 14 day the child reaches [MINOR BECOMES] 19 years of age, unless sooner 15 discharged by the court, except that the department may apply for and the court may 16 grant [AN] additional one-year periods [PERIOD] of supervision past [AGE] 19 17 years of age that do not extend beyond the person's 21st birthday if continued 18 supervision is in the best interests of the person and the person consents to it. An 19 application for any of these purposes may be made by the parent, guardian, or 20 custodian acting in behalf of the minor, or the court may, on its own motion, and after 21 reasonable notice to interested parties and the appropriate department, take action that 22 it considers appropriate. 23 (b) If the court determines at a hearing authorized by (a) of this section that 24 the department has complied with the requirements for release of a child under 25 AS 47.14.100(r) and that it is in [FOR] the best interests of the child [MINOR] to be 26 released to the child's own custody, or to the care or custody of the child's 27 [MINOR'S] parent, guardian, or custodian, it shall [MAY] enter an order to that effect 28 and the child [MINOR] is discharged from the control of the department. 29 (c) If a child [MINOR] is adjudicated a child in need of aid before the child's 30 [MINOR'S] 18th birthday, the court may retain jurisdiction over the child [MINOR] 31 after the child's [MINOR'S] 18th birthday for the purpose of supervising the child
01 [MINOR], but the court's jurisdiction over the minor under this chapter never extends 02 beyond the child's [MINOR'S] 19th birthday, except that the department may apply 03 for and the court may grant [AN] additional one-year periods [PERIOD] of 04 supervision past [AGE] 19 years of age that do not extend beyond the person's 21st 05 birthday if continued supervision is in the best interests of the person and the person 06 consents to it. The department may retain jurisdiction over a child [BETWEEN THE 07 CHILD'S 18TH AND 19TH BIRTHDAYS FOR THE PURPOSE OF SUPERVISING 08 THE CHILD,] if the child has been placed under the supervision of the department 09 before the child's 18th birthday, except that the department may apply for and the 10 court may grant [AN] additional one-year periods [PERIOD] of supervision past 11 [AGE] 19 years of age that do not extend beyond the person's 21st birthday if 12 continued supervision is in the best interests of the person and the person consents to 13 it. 14 * Sec. 5. AS 47.14.100(m) is amended to read: 15 (m) Prima facie evidence of good cause not to place a child with an adult 16 family member or family friend under AS 47.10.088(i) or under (e) of this section 17 includes the failure to meet the requirements for a foster care license under AS 47.32 18 and regulations adopted under AS 47.32, taking into account a waiver, variance, or 19 exemption allowed under AS 47.32.030(a)(3) and 47.32.032. Prima facie evidence 20 of good cause not to place a child with an adult family member or adult family friend 21 does not include poverty or inadequate or crowded housing. If the department denies a 22 request for placement with an adult family member or a family friend, the department 23 shall inform the adult family member or family friend of the basis for the denial and 24 the right to request a hearing to review the decision. A non-party adult family member 25 or family friend requesting a review hearing under AS 47.10.088(i) or under (e) of this 26 section is not eligible for publicly appointed legal counsel. 27 * Sec. 6. AS 47.14.100 is amended by adding new subsections to read: 28 (o) Except as provided in (q) and (r) of this section, the department shall 29 continue to search for a suitable adoptive or permanent legal guardianship for a child 30 who is in the custody of the state and who is under 18 years of age. 31 (p) The department shall enroll a child who is in state custody and who is
01 under six years of age in an available reading enhancement program that provides 02 books and resources to the child if enrollment in the program is beneficial for that 03 child and if the cost to the department is not more than $75 a year. 04 (q) The department may recommend another planned permanent living 05 arrangement for a child who is in state custody only if 06 (1) the department has unsuccessfully made intensive efforts to find a 07 permanent placement for the child; 08 (2) the department, after considering reunification, adoption, legal 09 guardianship, or permanent placement with a fit and willing relative, determines that 10 there is a compelling reason that the most appropriate permanency plan for the child is 11 placement in another planned permanent living arrangement, and the department 12 documents for the court the compelling reason for the alternate plan; and 13 (3) the court, at a permanency hearing under AS 47.10.080(l), has 14 approved the placement of the child to another permanent planned living arrangement. 15 (r) The department may release from state custody a child who is under 19 16 years of age who has been committed to the custody of the department only if 17 (1) the child and the guardian ad litem are notified not less than 30 18 days before a petition for release is filed; 19 (2) the department files a petition with the court for termination of 20 state custody and release that describes the reasons the release is in the best interest of 21 the child; and 22 (3) a court makes a written finding that release from state custody is in 23 the best interest of the child. 24 (s) The department shall make all reasonable efforts to place siblings who are 25 in the custody of the department in the same placement. If siblings are not placed 26 together after reasonable efforts have been made, the state or regional director of the 27 division with responsibility over the custody of children shall provide a written 28 explanation in the file of the efforts that were made and the reason separating the 29 siblings for placement purposes is in the best interest of the children. In this 30 subsection, "sibling" means two or more persons who are related by blood or marriage 31 as a child of one or both parents.
01 (t) As used in (q) of this section, "compelling reason" may include 02 circumstances in which 03 (1) the child is more than 15 years of age and has specifically 04 requested that emancipation be established; 05 (2) a parent and child have a significant bond, but the parent is unable 06 to care for the child because of an emotional or physical disability, and the child's 07 foster parents have committed to raising the child to the age of majority and to 08 facilitating visitation with the disabled parent; 09 (3) a tribe has identified another planned permanent living 10 arrangement for the child. 11 * Sec. 7. AS 47.32 is amended by adding a new section to read: 12 Sec. 47.32.032. Foster care license; variance. (a) The department shall ensure 13 that the application and licensing paperwork necessary for a person to be approved as 14 a foster parent or relative placement is not unduly complex and is as short and 15 straightforward as necessary to protect a child's best interests. 16 (b) The department shall approve a variance of the applicable building code 17 requirements for licensure of a foster care home if an applicant does not meet the 18 requirements at the time of inspection and 19 (1) the variance serves the best interest of a child intended to be placed 20 in that home; 21 (2) the placement is preferable to other placement options; 22 (3) the home design and construction is consistent with homes located 23 in the community; and 24 (4) the home is otherwise a safe environment for a child.