HB 129: "An Act relating to child-in-need-of-aid determinations."
00 HOUSE BILL NO. 129 01 "An Act relating to child-in-need-of-aid determinations." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 47.10.011 is amended to read: 04 Sec. 47.10.011. Children in need of aid. Subject to AS 47.10.019, the court 05 may find a child to be a child in need of aid if it finds by a preponderance of the 06 evidence that the child has been subjected to any of the following: 07 (1) a parent or guardian has abandoned the child as described in 08 AS 47.10.013, and the other parent is absent or has committed conduct or created 09 conditions that cause the child to be a child in need of aid under this chapter; 10 (2) a parent, guardian, or custodian is incarcerated, the other parent is 11 absent or has committed conduct or created conditions that cause the child to be a 12 child in need of aid under this chapter, and the incarcerated parent has not made 13 adequate arrangements for the child; 14 (3) a custodian with whom the child has been left is unwilling or 15 unable to provide care, supervision, or support for the child, and the whereabouts of
01 the parent or guardian is unknown; 02 (4) the child is in need of medical treatment to cure, alleviate, or 03 prevent substantial physical harm or is in need of treatment for mental injury and the 04 child's parent, guardian, or custodian has knowingly failed to provide the treatment; 05 (5) the child is habitually absent from home or refuses to accept 06 available care and the child's conduct places the child at substantial risk of physical or 07 mental injury; 08 (6) the child has suffered substantial physical harm, or there is a 09 substantial risk that the child will suffer substantial physical harm, as a result of 10 conduct by or conditions created by the child's parent, guardian, or custodian or by the 11 failure of the parent, guardian, or custodian to supervise the child adequately; 12 (7) the child has suffered sexual abuse, or there is a substantial risk that 13 the child will suffer sexual abuse, as a result of conduct by or conditions created by the 14 child's parent, guardian, or custodian or by the failure of the parent, guardian, or 15 custodian to adequately supervise the child; if a parent, guardian, or custodian has 16 actual notice that a person has been convicted of a sex offense against a minor within 17 the past 15 years, is registered or required to register as a sex offender under AS 12.63, 18 or is under investigation for a sex offense against a minor, and the parent, guardian, or 19 custodian subsequently allows a child to be left with that person, this conduct 20 constitutes prima facie evidence that the child is at substantial risk of being sexually 21 abused; 22 (8) conduct by or conditions created by the parent, guardian, or 23 custodian have 24 (A) resulted in mental injury to the child; or 25 (B) placed the child at substantial risk of mental injury as a 26 result of 27 (i) a pattern of rejecting, terrorizing, ignoring, isolating, 28 or corrupting behavior that would, if continued, result in mental injury; 29 or 30 (ii) exposure to conduct by a household member, as 31 defined in AS 18.66.990, against another household member that is a
01 crime under AS 11.41.100 - 11.41.220, 11.41.230(a)(1) or (2), or 02 11.41.410 - 11.41.432, an offense under a law or ordinance of another 03 jurisdiction having elements similar to a crime under AS 11.41.100 - 04 11.41.220, 11.41.230(a)(1) or (2), or 11.41.410 - 11.41.432, an attempt 05 to commit an offense that is a crime under AS 11.41.100 - 11.41.220 or 06 11.41.410 - 11.41.432, or an attempt to commit an offense under a law 07 or ordinance of another jurisdiction having elements similar to a crime 08 under AS 11.41.100 - 11.41.220 or 11.41.410 - 11.41.432; or 09 (iii) repeated exposure to conduct by a household 10 member, as defined in AS 18.66.990, against another household 11 member that is a crime under AS 11.41.230(a)(3) or 11.41.250 - 12 11.41.270 or an offense under a law or ordinance of another jurisdiction 13 having elements similar to a crime under AS 11.41.230(a)(3) or 14 11.41.250 - 11.41.270; 15 (9) conduct by or conditions created by the parent, guardian, or 16 custodian have subjected the child or another child in the same household to neglect; 17 (10) the parent, guardian, or custodian's ability to parent has been 18 substantially impaired by the addictive or habitual use of an intoxicant, and the 19 addictive or habitual use of the intoxicant has resulted in a substantial risk of harm to 20 the child; if a court has previously found that a child is a child in need of aid under this 21 paragraph, the resumption of use of an intoxicant by a parent, guardian, or custodian 22 within one year after rehabilitation is prima facie evidence that the ability to parent is 23 substantially impaired and the addictive or habitual use of the intoxicant has resulted 24 in a substantial risk of harm to the child as described in this paragraph; 25 (11) the parent, guardian, or custodian has a mental illness, serious 26 emotional disturbance, or mental deficiency of a nature and duration that places the 27 child at substantial risk of physical harm or mental injury; 28 (12) the child has committed an illegal act as a result of pressure, 29 guidance, or approval from the child's parent, guardian, or custodian; 30 (13) the parent, guardian, or custodian secluded the child, 31 restrained the child, or placed the child in a cage, resulting in a substantial risk of
01 physical harm or mental injury to the child.