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HB 310: "An Act relating to the duties of the Department of Health and Social Services; relating to child-in-need-of-aid proceedings; relating to child protection; and amending Rules 6(a), 6(b)(2) and (3), 10(c)(2) and (3), 10(e)(2), 10.1(a)(1) and (2), 15(f)(2), 17(c), 17(d)(2), 17.1(b), 17.1(d)(3), 17.2(a), 17.2(e), 17.2(f), 18(c), and 19.1(c), Alaska Child in Need of Aid Rules of Procedure, and repealing Rules 17.1(a), 17.1(c), and 17.1(d)(2), Alaska Child in Need of Aid Rules of Procedure."

00 HOUSE BILL NO. 310 01 "An Act relating to the duties of the Department of Health and Social Services; relating 02 to child-in-need-of-aid proceedings; relating to child protection; and amending Rules 03 6(a), 6(b)(2) and (3), 10(c)(2) and (3), 10(e)(2), 10.1(a)(1) and (2), 15(f)(2), 17(c), 17(d)(2), 04 17.1(b), 17.1(d)(3), 17.2(a), 17.2(e), 17.2(f), 18(c), and 19.1(c), Alaska Child in Need of 05 Aid Rules of Procedure, and repealing Rules 17.1(a), 17.1(c), and 17.1(d)(2), Alaska 06 Child in Need of Aid Rules of Procedure." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 47.05.065 is amended to read: 09 Sec. 47.05.065. Legislative findings related to children. The legislature finds 10 that 11 (1) parents have the following rights and responsibilities relating to the 12 care and control of their child while the child is a minor: 13 (A) the responsibility to provide the child with food, clothing,

01 shelter, education, and medical care; 02 (B) the right and responsibility to protect, nurture, train, and 03 discipline the child, including the right to direct the child's medical care and 04 the right to exercise reasonable corporal discipline; 05 (C) the right to determine where and with whom the child shall 06 live; 07 (D) the right and responsibility to make decisions of legal or 08 financial significance concerning the child; 09 (E) the right to obtain representation for the child in legal 10 actions; and 11 (F) the responsibility to provide special safeguards and care, 12 including appropriate prenatal and postnatal protection for the child; 13 (2) it is the policy of the state to strengthen families and to protect 14 children from child abuse and neglect; the state recognizes that, in some cases, 15 protection of a child may require removal of the child from the child's home; however, 16 (A) [EXCEPT IN THOSE CASES INVOLVING SERIOUS 17 RISK TO A CHILD'S HEALTH OR SAFETY,] the Department of Health and 18 Social Services should provide remedial services and rehabilitative 19 programs [TIME-LIMITED FAMILY SUPPORT SERVICES] to the child 20 and the child's family in order to offer parents the opportunity to remedy 21 parental conduct or conditions in the home that placed the child at risk of 22 damage or harm so that a child may return home safely and permanently; and 23 (B) the state also recognizes that, when a child is removed from 24 the home, visitation between the child and the child's parents or guardian and 25 family members reduces the trauma for the child and enhances the likelihood 26 that the child will be able to return home; therefore, whenever a child is 27 removed from the parental home, the Department of Health and Social 28 Services should encourage frequent, regular, and reasonable visitation of the 29 child with the child's parent or guardian and family members; 30 (3) it is the policy of the state to recognize that, when a child is a ward 31 of the state, the child is entitled to reasonable safety, adequate care, and adequate

01 treatment and that the Department of Health and Social Services as legal custodian and 02 the child's guardian ad litem as guardian of the child's best interests and their agents 03 and assignees, each should make active [REASONABLE] efforts to ensure that the 04 child is provided with reasonable safety, adequate care, and adequate treatment for the 05 duration of time that the child is a ward of the state; 06 (4) it is in the best interests of a child who has been removed from the 07 child's own home for the state to apply the following principles in resolving the 08 situation: 09 (A) the child should be placed in a safe, secure, and stable 10 environment; 11 (B) the child should not be moved unnecessarily; 12 (C) a planning process should be followed to lead to permanent 13 placement of the child; 14 (D) every effort should be made to encourage psychological 15 attachment between the adult caregiver and the child; 16 (E) frequent, regular, and reasonable visitation with the parent 17 or guardian and family members should be encouraged; and 18 (F) parents and guardians must actively participate in remedial 19 services and rehabilitative programs [FAMILY SUPPORT SERVICES] so 20 as to facilitate the child's being able to remain in the home; when children are 21 removed from the home, the parents and guardians must actively participate in 22 remedial services and rehabilitative programs [FAMILY SUPPORT 23 SERVICES] to make return of their children to the home possible; 24 (5) numerous studies establish that 25 (A) children undergo a critical attachment process before the 26 time they reach six years of age; 27 (B) a child who has not attached with an adult caregiver during 28 this critical stage will suffer significant emotional damage that frequently leads 29 to chronic psychological problems and antisocial behavior when the child 30 reaches adolescence and adulthood; and 31 (C) it is important to provide for an expedited placement

01 procedure to ensure that all children, especially those under the age of six 02 years, who have been removed from their homes are placed in permanent 03 homes expeditiously. 04 * Sec. 2. AS 47.10.011 is amended to read: 05 Sec. 47.10.011. Children in need of aid. Subject to AS 47.10.019, the court 06 may find a child to be a child in need of aid if it finds by a preponderance of the 07 evidence that the child has been subjected to any of the following: 08 (1) a parent or guardian has abandoned the child as described in 09 AS 47.10.013, and the other parent is absent or has committed conduct or created 10 conditions that cause the child to be a child in need of aid under this chapter; 11 (2) a parent, guardian, or custodian is incarcerated, the other parent is 12 absent or has committed conduct or created conditions that cause the child to be a 13 child in need of aid under this chapter, and the incarcerated parent has not made 14 adequate arrangements for the child; 15 (3) a custodian with whom the child has been left is unwilling or 16 unable to provide care, supervision, or support for the child, and the whereabouts of 17 the parent or guardian is unknown; 18 (4) the child is in need of medical treatment to cure, alleviate, or 19 prevent serious [SUBSTANTIAL] physical damage or harm or is in need of 20 treatment for mental injury and the child's parent, guardian, or custodian has 21 knowingly failed to provide the treatment; 22 (5) the child is habitually absent from home or refuses to accept 23 available care and the child's conduct places the child at serious [SUBSTANTIAL] 24 risk of physical or mental injury; 25 (6) the child has suffered serious [SUBSTANTIAL] physical damage 26 or harm, or there is a serious [SUBSTANTIAL] risk that the child will suffer serious 27 [SUBSTANTIAL] physical damage or harm, as a result of conduct by or conditions 28 created by the child's parent, guardian, or custodian or by the failure of the parent, 29 guardian, or custodian to supervise the child adequately; 30 (7) the child has suffered sexual abuse, or there is a serious 31 [SUBSTANTIAL] risk that the child will suffer sexual abuse, as a result of conduct by

01 or conditions created by the child's parent, guardian, or custodian or by the failure of 02 the parent, guardian, or custodian to adequately supervise the child; if a parent, 03 guardian, or custodian has actual notice that a person has been convicted of a sex 04 offense against a minor within the past 15 years, is registered or required to register as 05 a sex offender under AS 12.63, or is under investigation for a sex offense against a 06 minor, and the parent, guardian, or custodian subsequently allows a child to be left 07 with that person, this conduct constitutes prima facie evidence that the child is at 08 serious [SUBSTANTIAL] risk of being sexually abused; 09 (8) conduct by or conditions created by the parent, guardian, or 10 custodian have 11 (A) resulted in mental injury to the child; or 12 (B) placed the child at serious [SUBSTANTIAL] risk of 13 mental injury as a result of 14 (i) a pattern of rejecting, terrorizing, ignoring, isolating, 15 or corrupting behavior that would, if continued, result in mental injury; 16 or 17 (ii) exposure to conduct by a household member, as 18 defined in AS 18.66.990, against another household member that is a 19 crime under AS 11.41.100 - 11.41.220, 11.41.230(a)(1) or (2), or 20 11.41.410 - 11.41.432, an offense under a law or ordinance of another 21 jurisdiction having elements similar to a crime under AS 11.41.100 - 22 11.41.220, 11.41.230(a)(1) or (2), or 11.41.410 - 11.41.432, an attempt 23 to commit an offense that is a crime under AS 11.41.100 - 11.41.220 or 24 11.41.410 - 11.41.432, or an attempt to commit an offense under a law 25 or ordinance of another jurisdiction having elements similar to a crime 26 under AS 11.41.100 - 11.41.220 or 11.41.410 - 11.41.432; or 27 (iii) repeated exposure to conduct by a household 28 member, as defined in AS 18.66.990, against another household 29 member that is a crime under AS 11.41.230(a)(3) or 11.41.250 - 30 11.41.270 or an offense under a law or ordinance of another jurisdiction 31 having elements similar to a crime under AS 11.41.230(a)(3) or

01 11.41.250 - 11.41.270; 02 (9) conduct by or conditions created by the parent, guardian, or 03 custodian have subjected the child or another child in the same household to neglect; 04 (10) the parent, guardian, or custodian's ability to parent has been 05 substantially impaired by the addictive or habitual use of an intoxicant, and the 06 addictive or habitual use of the intoxicant has resulted in a serious [SUBSTANTIAL] 07 risk of mental or physical damage or harm to the child; if a court has previously 08 found that a child is a child in need of aid under this paragraph, the resumption of use 09 of an intoxicant by a parent, guardian, or custodian within one year after rehabilitation 10 is prima facie evidence that the ability to parent is substantially impaired and the 11 addictive or habitual use of the intoxicant has resulted in a serious [SUBSTANTIAL] 12 risk of mental or physical damage or harm to the child as described in this 13 paragraph; 14 (11) the parent, guardian, or custodian has a mental illness, serious 15 emotional disturbance, or mental deficiency of a nature and duration that places the 16 child at serious [SUBSTANTIAL] risk of physical damage or harm or mental injury; 17 (12) the child has committed an illegal act as a result of pressure, 18 guidance, or approval from the child's parent, guardian, or custodian. 19 * Sec. 3. AS 47.10.011 is amended by adding a new subsection to read: 20 (b) In making determinations regarding physical damage or harm under this 21 chapter, the court shall apply the standards of 25 U.S.C. 1901 - 1963 (Indian Child 22 Welfare Act of 1978) regardless of whether the child is an Indian child. 23 * Sec. 4. AS 47.10.013(a) is amended to read: 24 (a) For purposes of this chapter, the court may find abandonment of a child if 25 a parent or guardian has shown a conscious disregard of parental responsibilities 26 toward the child by failing to provide reasonable support, maintain regular contact, or 27 provide normal supervision, considering the child's age and need for care by an adult. 28 Abandonment of a child also includes instances when the parent or guardian, without 29 justifiable cause, 30 (1) left the child with another person without provision for the child's 31 support and without meaningful communication with the child for a period of three

01 months; 02 (2) has made only minimal efforts to support and communicate with 03 the child; 04 (3) failed for a period of at least six months to maintain regular 05 visitation with the child; 06 (4) failed to participate in a suitable plan or program designed to 07 reunite the parent or guardian with the child; 08 (5) left the child without affording means of identifying the child and 09 the child's parent or guardian; 10 (6) was absent from the home for a period of time that created a 11 serious [SUBSTANTIAL] risk of serious physical damage or harm to a child left in 12 the home; 13 (7) failed to respond to notice of child protective proceedings; or 14 (8) was unwilling to provide care, support, or supervision for the child. 15 * Sec. 5. AS 47.10.015 is amended to read: 16 Sec. 47.10.015. Physical damage or harm. For the purposes of this chapter, 17 the court may find physical damage or harm to a child or serious [SUBSTANTIAL] 18 risk of physical damage or harm to a child if 19 (1) the child was the victim of an act described in AS 11.41.100 - 20 11.41.250, 11.41.300, 11.41.410 - 11.41.455, or AS 11.51.100 and the physical 21 damage or harm occurred as a result of conduct by or conditions created by a parent, 22 guardian, or custodian; or 23 (2) a negligent act or omission by a parent, guardian, or custodian 24 creates a serious [SUBSTANTIAL] risk of injury to the child. 25 * Sec. 6. AS 47.10.030(c) is amended to read: 26 (c) If the court finds that the child [MINOR] is in such condition or 27 surroundings that prevention of imminent physical damage or harm to the child 28 [THE MINOR'S WELFARE] requires the immediate assumption of custody by the 29 court, the court may order, by endorsement upon the summons, that the officer serving 30 the summons shall at once take the child [MINOR] into custody and make the 31 temporary placement of the child [MINOR] that the court directs.

01 * Sec. 7. AS 47.10.080(f) is amended to read: 02 (f) A child found to be a child in need of aid is a ward of the state while the 03 child is committed to the department or the department has the power to supervise the 04 child's actions. For an order made under (c)(1) of this section, the court shall hold a 05 permanency hearing as required by (l) of this section and at least annually thereafter 06 during the continuation of foster care to determine if continued placement, as it is 07 being provided, is in the best interest of the child and whether the child should be 08 returned to the custody of the child's parent or guardian. The department, the 09 child, and the child's parents, guardian, and guardian ad litem are entitled, when good 10 cause is shown, to a permanency hearing on application. If the application is granted, 11 the court shall afford these persons and their counsel reasonable advance notice and 12 hold a permanency hearing where these persons and their counsel shall be afforded an 13 opportunity to be heard. The persons entitled to notice under AS 47.10.030(b) and the 14 grandparents entitled to notice under AS 47.10.030(d) are entitled to notice of a 15 permanency hearing under this subsection and are also entitled to be heard at the 16 hearing. The child shall be afforded the opportunity to be present and to be heard at 17 the permanency hearing. After the permanency hearing, the court shall make the 18 written findings that are required under (l) of this section. The court shall review an 19 order made under (c)(2) of this section at least annually to determine if continued 20 supervision, as it is being provided, is in the best interest of the child; this review is 21 not considered to be a permanency hearing and is not governed by the provisions of 22 this subsection that relate to permanency hearings. 23 * Sec. 8. AS 47.10.080(l) is amended to read: 24 (l) Within 12 months after the date a child enters foster care as calculated 25 under AS 47.10.088(f), the court shall hold a permanency hearing. The hearing and 26 permanent plan developed in the hearing are governed by the following provisions: 27 (1) the persons entitled to be heard under AS 47.10.070 or under (f) of 28 this section are also entitled to be heard at the hearing held under this subsection; 29 (2) when establishing the permanent plan for the child, the court shall 30 make appropriate written findings, including findings related to whether 31 (A) returning the child to the child's parent or guardian is

01 likely to result in serious emotional or physical damage to the child [AND 02 WHEN THE CHILD SHOULD BE RETURNED TO THE PARENT OR 03 GUARDIAN]; 04 (B) the child should be placed for adoption or legal 05 guardianship and whether a petition for termination of parental rights should be 06 filed by the department; and 07 (C) there is a compelling reason that the most appropriate 08 placement for the child is in another planned, permanent living arrangement 09 and the department has recommended the arrangement under AS 47.14.100(p); 10 the findings under this paragraph must include the steps that are necessary to 11 achieve the new arrangement; 12 (3) if the court is unable to make a finding required under (2) of this 13 subsection, the court shall hold another hearing within a reasonable period of time; 14 (4) in addition to the findings required by (2) of this subsection, the 15 court shall also make appropriate written findings related to 16 (A) whether the department has made the active 17 [REASONABLE] efforts required under AS 47.10.086 to offer appropriate 18 remedial services and rehabilitative programs [FAMILY SUPPORT 19 SERVICES] to remedy the parent's or guardian's conduct or conditions in the 20 home that made the child a child in need of aid under this chapter; 21 (B) whether the parent or guardian has made substantial 22 progress to remedy the parent's or guardian's conduct or conditions in the home 23 that made the child a child in need of aid under this chapter; 24 (C) if the permanent plan is for the child to remain in out-of- 25 home-care, whether returning the child to the custody of the child's parent 26 or guardian is likely to result in serious emotional or physical damage to 27 [THE CHILD'S OUT-OF-HOME PLACEMENT CONTINUES TO BE 28 APPROPRIATE AND IN THE BEST INTERESTS OF] the child; and 29 (D) whether the department has made active [REASONABLE] 30 efforts to finalize the permanent plan for the child; 31 (5) the court shall hold a hearing to review the permanent plan at least

01 annually until successful implementation of the plan; if the plan approved by the court 02 changes after the hearing, the department shall promptly apply to the court for another 03 permanency hearing, and the court shall conduct the hearing within 30 days after 04 application by the department. 05 * Sec. 9. AS 47.10.080(p) is amended to read: 06 (p) If a child is removed from the parental home, the department shall make 07 active efforts to provide opportunities for and facilitate reasonable visitation 08 between the child and the child's parents, guardian, and family. When determining 09 what constitutes reasonable visitation with a family member, the department shall 10 consider the nature and quality of the relationship that existed between the child and 11 the family member before the child was committed to the custody of the department. 12 The court may require the department to file a visitation plan with the court. The 13 department may deny visitation to the parents, guardian, or family members if there is 14 clear and convincing evidence that visits are not in the child's best interests. If the 15 department denies visitation to a parent or family member of a child, the department 16 shall inform the parent or family member of a reason for the denial and of the parent's 17 or adult family member's right to request a review hearing as an interested person. A 18 parent, adult family member, or guardian who is denied visitation may request a 19 review hearing. A non-party adult family member requesting a review hearing under 20 this subsection is not eligible for publicly appointed legal counsel. 21 * Sec. 10. AS 47.10.080 is amended by adding a new subsection to read: 22 (x) An order issued under this section may not allow removal of a child from 23 the child's home or continued placement of the child outside the child's home unless 24 there is, at the time the order is issued, clear and convincing evidence, including the 25 testimony of a qualified expert witness who is not employed by the department, that 26 the child is likely to suffer serious emotional or physical damage if left with or 27 returned to the child's parent or guardian. 28 * Sec. 11. AS 47.10.081(b) is amended to read: 29 (b) Before the disposition hearing of a child in need of aid, the department 30 shall submit a predisposition report to aid the court in its selection of a disposition. 31 This report must include [, BUT IS NOT LIMITED TO,] the following:

01 (1) a statement of changes in the child's or parent's behavior, which 02 will aid the court in determining that supervision of the family or placement is no 03 longer necessary; 04 (2) if removal from the home is recommended, a description of 05 whether continued custody of the child by the child's parent or guardian is likely 06 to result in serious emotional or physical damage [THE REASONS THE CHILD 07 CANNOT BE PROTECTED OR REHABILITATED ADEQUATELY IN THE 08 HOME, INCLUDING A DESCRIPTION OF ANY PREVIOUS EFFORTS TO 09 WORK WITH THE PARENTS AND THE CHILD IN THE HOME AND THE 10 PARENTS' ATTITUDE TOWARD PLACEMENT OF THE CHILD]; 11 (3) a description of the potential harm to the child that may result from 12 removal from the home and any efforts that can be made to minimize that [SUCH] 13 harm; and 14 (4) any further information that the court may request. 15 * Sec. 12. AS 47.10.086(a) is amended to read: 16 (a) Except as provided in (b) [, (c), AND (g)] of this section, the department 17 shall make timely, active [REASONABLE] efforts to provide remedial services and 18 rehabilitative programs [FAMILY SUPPORT SERVICES] to the child and to the 19 parents or guardian of the child that are designed to prevent out-of-home placement of 20 the child or to enable the safe return of the child to the family home, when appropriate, 21 if the child is in an out-of-home placement. The remedial services and rehabilitative 22 programs may include services and programs provided by the community, a 23 church, or other service organizations. The department's duty to make active 24 [REASONABLE] efforts under this subsection includes the duty to 25 (1) identify remedial services and rehabilitative programs, 26 including counseling, substance abuse treatment, mental health services, 27 assistance to address domestic violence, visitation with family members, 28 parenting classes, in-home services, temporary child care services, and 29 transportation [FAMILY SUPPORT SERVICES] that will assist the parent or 30 guardian in remedying the conduct or conditions in the home that made the child a 31 child in need of aid;

01 (2) [ACTIVELY OFFER THE PARENT OR GUARDIAN, AND] 02 refer the parent or guardian to and actively assist the parent or guardian in 03 obtaining [,] the services identified under (1) of this subsection; the department shall 04 refer the parent or guardian to community-based remedial services and 05 rehabilitative programs [FAMILY SUPPORT SERVICES] whenever community- 06 based services are available and desired by the parent or guardian; and 07 (3) document the department's actions that are taken under (1) and (2) 08 of this subsection. 09 * Sec. 13. AS 47.10.086(b) is amended to read: 10 (b) If the court makes a finding at a hearing conducted under AS 47.10.080(l) 11 that a parent or guardian has not sufficiently remedied the parent's or guardian's 12 conduct or the conditions in the home despite active [REASONABLE] efforts made 13 by the department in accordance with this section, the court may conclude that 14 continuation of active [REASONABLE] efforts of the type described in (a) of this 15 section are not in the best interests of the child. The department shall then make active 16 [REASONABLE] efforts to place the child in a timely manner in accordance with the 17 permanent plan and to complete whatever steps are necessary to finalize the 18 permanent placement of the child. 19 * Sec. 14. AS 47.10.086(d) is amended to read: 20 (d) If the court determines under (b) [OR (c)] of this section that active 21 [REASONABLE] efforts under (a) of this section are not required to be provided, 22 (1) the court shall hold a permanency hearing for the child within 30 23 days after the determination; and 24 (2) the department shall make active [REASONABLE] efforts to place 25 the child in a timely manner in accordance with the permanency plan, and complete 26 whatever steps are necessary to finalize the permanent placement of the child. 27 * Sec. 15. AS 47.10.086(e) is amended to read: 28 (e) The department may develop and implement an alternative permanency 29 plan for the child while the department is also making active [REASONABLE] efforts 30 to return the child to the child's family under (a) of this section. 31 * Sec. 16. AS 47.10.086(f) is amended to read:

01 (f) In making determinations and active [REASONABLE] efforts under this 02 section, the department and the court shall apply the standards of 25 U.S.C. 1901 03 - 1963 (Indian Child Welfare Act of 1978) regardless of whether the child is an 04 Indian child [THE PRIMARY CONSIDERATION IS THE CHILD'S BEST 05 INTERESTS]. 06 * Sec. 17. AS 47.10.088(a) is amended to read: 07 (a) Except as provided in AS 47.10.080(o), the rights and responsibilities of 08 the parent regarding the child may be terminated for purposes of freeing a child for 09 adoption or other permanent placement if the court finds 10 (1) by clear and convincing evidence that 11 (A) [(1)] the child has been subjected to conduct or conditions 12 described in AS 47.10.011; 13 (B) [(2)] the parent 14 (i) [(A)] has not remedied the conduct or conditions in 15 the home that place the child at serious [SUBSTANTIAL] risk of 16 damage or harm; or 17 (ii) [(B)] has failed, within a reasonable time, to remedy 18 the conduct or conditions in the home that place the child in serious 19 [SUBSTANTIAL] risk so that returning the child to the parent would 20 place the child at serious [SUBSTANTIAL] risk of emotional or 21 physical damage or mental injury; and 22 (C) [(3)] the department has complied with the provisions of 23 AS 47.10.086 concerning active [REASONABLE] efforts; and 24 (2) by evidence beyond a reasonable doubt, including the 25 testimony of a qualified expert witness who is not employed by the department, 26 that continued custody of the child by the parent or guardian is likely to result in 27 serious physical or emotional damage to the child. 28 * Sec. 18. AS 47.10.088(b) is amended to read: 29 (b) In making a determination under (a)(1)(B) [(a)(2)] of this section, the court 30 may consider any fact relating to the best interests of the child, including 31 (1) the likelihood of returning the child to the parent within a

01 reasonable time based on the child's age or needs; 02 (2) the amount of effort by the parent to remedy the conduct or the 03 conditions in the home; 04 (3) the damage or harm caused to the child; 05 (4) the likelihood that the damaging or harmful conduct will continue; 06 and 07 (5) the history of conduct by or conditions created by the parent. 08 * Sec. 19. AS 47.10.088(d) is amended to read: 09 (d) The [EXCEPT AS PROVIDED IN (e) OF THIS SECTION, THE] 10 department shall petition for termination of a parent's rights to a child, without making 11 further active [REASONABLE] efforts, when a child is under the jurisdiction of the 12 court under AS 47.10.010 and 47.10.011, and 13 [(1) THE CHILD HAS BEEN IN FOSTER CARE FOR AT LEAST 14 15 OF THE MOST RECENT 22 MONTHS; 15 (2) THE COURT HAS DETERMINED THAT THE CHILD IS 16 ABANDONED UNDER AS 47.10.013 AND THE CHILD IS YOUNGER THAN 17 SIX YEARS OF AGE; 18 (3)] the court has made a finding under AS 47.10.086(b) [OR A 19 DETERMINATION UNDER AS 47.10.086(c)] that the best interests of the child do 20 not require further active [REASONABLE] efforts by the department unless the 21 department has documented a compelling reason for determining that filing the 22 petition would not be in the best interests of the child. A compelling reason under 23 this subsection may include care by a relative for the child [; 24 (4) A PARENT HAS MADE THREE OR MORE ATTEMPTS 25 WITHIN A 15-MONTH PERIOD TO REMEDY THE PARENT'S CONDUCT OR 26 CONDITIONS IN THE HOME WITHOUT LASTING CHANGE; OR 27 (5) A PARENT HAS MADE NO EFFORT TO REMEDY THE 28 PARENT'S CONDUCT OR THE CONDITIONS IN THE HOME BY THE TIME OF 29 THE PERMANENCY HEARING UNDER AS 47.10.080(l)]. 30 * Sec. 20. AS 47.10.088(g) is amended to read: 31 (g) This section does not preclude the department from filing a petition to

01 terminate the parental rights and responsibilities to a child for other reasons [, OR AT 02 AN EARLIER TIME THAN THOSE SPECIFIED IN (d) OF THIS SECTION,] if the 03 department determines that continued custody of the child by the child's parent or 04 guardian is likely to result in serious emotional or physical damage to [FILING A 05 PETITION IS IN THE BEST INTERESTS OF] the child. 06 * Sec. 21. AS 47.10.142(a) is amended to read: 07 (a) The Department of Health and Social Services may take emergency 08 custody of a child upon discovering any of the following circumstances: 09 (1) the child has been abandoned as abandonment is described in 10 AS 47.10.013; 11 (2) the child has been neglected by the child's parents or guardian, as 12 "neglect" is described in AS 47.10.014, and the department determines that immediate 13 removal from the child's surroundings is necessary to prevent imminent physical 14 damage or harm to the child [PROTECT THE CHILD'S LIFE OR PROVIDE 15 IMMEDIATE NECESSARY MEDICAL ATTENTION]; 16 (3) the child has been subjected to physical damage or harm by a 17 person responsible for the child's welfare, and the department determines that 18 immediate removal from the child's surroundings is necessary to prevent imminent 19 physical damage or harm to the child [PROTECT THE CHILD'S LIFE OR THAT 20 IMMEDIATE MEDICAL ATTENTION IS NECESSARY]; or 21 (4) the child or a sibling has been sexually abused under circumstances 22 listed in AS 47.10.011(7). 23 * Sec. 22. AS 47.10.142(b) is amended to read: 24 (b) The department shall offer available counseling services to the person 25 having legal custody of a minor described in AS 47.10.141 and to the members of the 26 minor's household if it determines that counseling services would be appropriate in the 27 situation. If, after assessing the situation, offering available counseling services to the 28 legal custodian and the minor's household, and furnishing appropriate social services 29 to the minor, the department considers it necessary, the department may take 30 emergency custody of the minor, except that, if the person having legal custody of 31 the minor is the minor's parent or guardian, the department may take emergency

01 custody of the minor only if necessary to prevent imminent physical damage or 02 harm to the child. 03 * Sec. 23. AS 47.10.142(d) is amended to read: 04 (d) The court shall immediately, and in no event more than 48 hours after 05 being notified unless prevented by lack of transportation, hold a temporary custody 06 hearing at which the child, if the child's health permits, and the child's parents or 07 guardian, if they can be found, shall be permitted to be present. If present at the 08 hearing, a parent or guardian of the child may request a continuance of the hearing for 09 the purpose of preparing a response to the allegation that the child is a child in need of 10 aid. The court may grant the request on a showing of good cause for why the parent or 11 guardian is not prepared to respond to the allegation. During a continuance, the child 12 remains in the temporary legal custody of the department, except as otherwise 13 provided in this subsection. At the first hearing under this subsection, regardless of 14 whether a continuance is granted, the court shall make a preliminary determination of 15 whether it is necessary to continue the department's temporary legal custody of 16 the child to prevent imminent physical damage or harm to [CONTINUED 17 PLACEMENT IN THE HOME OF THE CHILD'S PARENT OR GUARDIAN 18 WOULD BE CONTRARY TO THE WELFARE OF] the child. If a court determines 19 that continuing the department's temporary legal custody of the child is no longer 20 necessary to prevent imminent physical damage or harm to [CONTINUED 21 PLACEMENT IN THE HOME OF THE CHILD'S PARENT OR GUARDIAN 22 WOULD NOT BE CONTRARY TO THE WELFARE OF] the child, the court shall 23 return the authority to place the child to the child's parent or guardian pending a 24 temporary custody hearing under (e) of this section. 25 * Sec. 24. AS 47.10.142(e) is amended to read: 26 (e) When the temporary custody hearing is held, the court shall determine 27 whether probable cause exists for believing the child to be a child in need of aid, as 28 defined in AS 47.10.990. If removal of the child from the child's home is 29 requested, the court shall also determine at the temporary custody hearing 30 whether (1) by a preponderance of the evidence, removal of the child is necessary 31 to prevent imminent physical damage or harm to the child, or (2) by clear and

01 convincing evidence, including the testimony of a qualified expert witness who is 02 not employed by the department, the child would likely suffer serious physical or 03 emotional damage if left in the child's home. If the court finds that probable cause 04 exists for believing that the child is a child in need of aid and that a sufficient 05 showing has been made under either (1) or (2) of this subsection, it shall order the 06 child committed to the department for temporary placement outside the home of the 07 child's parent or guardian. If the court finds that probable cause exists for 08 believing that the child is a child in need of aid, but that a sufficient showing has 09 not been made under (1) or (2) of this subsection, the court shall [, OR] order the 10 child to be either committed to the custody of the department with temporary 11 placement to be in the child's home or returned to the custody of the child's parents 12 or guardian, subject to the department's supervision of the child's care and treatment. 13 The court shall inform the child, and the child's parents or guardian if they can be 14 found, of the reasons for finding probable cause, authorizing the child's temporary 15 placement, and, if applicable, the reasons supporting the court's determination that 16 a sufficient showing has been made under (1) or (2) of this subsection [FINDING 17 THAT CONTINUED PLACEMENT IN THE HOME OF THE CHILD'S PARENTS 18 OR GUARDIAN WOULD BE CONTRARY TO THE WELFARE OF THE CHILD]. 19 If the court finds that [NO] probable cause does not exist to believe that the child is 20 a child in need of aid, the court [, IT] shall dismiss the petition and order the child 21 returned to the custody of the child's parents or guardian. 22 * Sec. 25. AS 47.10.142(f) is amended to read: 23 (f) When a child [MINOR] is committed to the department for temporary 24 placement under (e) of this section, the court order shall specify the terms, conditions, 25 and duration of placement. Except as provided in (i) of this section, the duration of 26 a temporary placement under this section may not exceed 30 days. If the court 27 orders the child [MINOR] returned to the custody of the child's [MINOR'S] parents 28 or guardian under (e) of this section after a hearing held on a petition filed under 29 AS 47.10.141(f), the court shall specify the terms and conditions that must be 30 followed by the child [MINOR] and the child's [MINOR'S] parents or guardian. The 31 court shall require the child [MINOR] to remain in the placement provided by the

01 department and shall clearly state in the order the consequences of violating the order, 02 including detention under AS 47.10.141(c). 03 * Sec. 26. AS 47.10.142(h) is amended to read: 04 (h) Within 30 days [12 MONTHS] after a child is committed to the 05 department under this section, the court shall review the placement plan and actual 06 placement of the child under AS 47.10.080(l). 07 * Sec. 27. AS 47.10.142 is amended by adding a new subsection to read: 08 (i) The court may only order a child committed to the department for 09 temporary placement under (e) and (f) of this section for more than 30 days if the 10 court determines 11 (1) by clear and convincing evidence, including the testimony of a 12 qualified expert witness who is not employed by the department, that custody of the 13 child by the child's parent or guardian is likely to result in imminent physical damage 14 or harm to the child; or 15 (2) that extraordinary circumstances exist. 16 * Sec. 28. AS 47.10.990 is amended by adding new paragraphs to read: 17 (33) "active efforts" means consistent attempts of the type described 18 under AS 47.10.086; 19 (34) "emotional damage" has the same meaning as interpreted under 20 the standards of 25 U.S.C. 1901 - 1963 (Indian Child Welfare Act of 1978); 21 (35) "remedial services and rehabilitative programs" means family 22 support services and activities provided to assist a parent or guardian in developing the 23 skills and resources necessary to prevent removal of a child from the home or to 24 facilitate the safe return of the child to the home. 25 * Sec. 29. AS 47.14.100(r) is amended to read: 26 (r) The department shall make active [REASONABLE] efforts to place 27 siblings in the same placement if the siblings are residing in the same home when 28 taken into the custody of the department. If siblings are not placed together after 29 active [REASONABLE] efforts have been made, the case supervisor for the division 30 with responsibility over the custody of children shall document in the file the efforts 31 that were made and the reason separating the siblings for placement purposes is in the

01 best interest of the children. In this subsection, "sibling" means two or more persons 02 who are related by blood, adoption, or marriage as a child of one or both parents. 03 * Sec. 30. AS 47.17.290(3) is amended to read: 04 (3) "child abuse or neglect" means the physical injury, damage, or 05 harm, or neglect, mental injury, sexual abuse, sexual exploitation, or maltreatment of 06 a child under the age of 18 by a person under circumstances that indicate that the 07 child's health or welfare is harmed or threatened thereby [; IN THIS PARAGRAPH, 08 "MENTAL INJURY" MEANS AN INJURY TO THE EMOTIONAL WELL-BEING, 09 OR INTELLECTUAL OR PSYCHOLOGICAL CAPACITY OF A CHILD, AS 10 EVIDENCED BY AN OBSERVABLE AND SUBSTANTIAL IMPAIRMENT IN 11 THE CHILD'S ABILITY TO FUNCTION]; 12 * Sec. 31. AS 47.17.290(10) is amended to read: 13 (10) "mental injury" means a serious injury to the emotional well- 14 being or intellectual or psychological capacity of a child as evidenced by an 15 observable and substantial impairment in the child's ability to function in a 16 developmentally appropriate manner and the existence of that impairment is supported 17 by the opinion of a qualified expert witness; 18 * Sec. 32. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 DIRECT COURT RULE AMENDMENT. Rule 6(a), Alaska Child in Need of 21 Aid Rules of Procedure, is amended to read: 22 (a) Emergency Custody Without Court Order. The Department may take 23 emergency custody of a child pursuant to AS 47.10.142 without a court order. If the 24 Department does not release the child to the child's parent or guardian within 24 25 hours after taking the child into custody [DETERMINES THAT CONTINUED 26 CUSTODY IS NECESSARY TO PROTECT THE CHILD], the Department shall 27 notify the court of the emergency custody by filing, within 24 hours after custody was 28 assumed, a petition alleging that the child is a child in need of aid and that continued 29 custody by the Department and placement of the child outside the child's home is 30 necessary either (1) to prevent imminent physical damage or harm to the child, 31 or (2) because the child would likely suffer serious emotional or physical damage

01 if returned to the parent or guardian. If the Department releases the child within 24 02 hours after taking the child into custody and does not file a petition, the Department 03 shall, within 24 hours after releasing the child, file with the court a report explaining 04 why the child was taken into custody, why the child was released, and to whom the 05 child was released. 06 * Sec. 33. The uncodified law of the State of Alaska is amended by adding a new section to 07 read: 08 DIRECT COURT RULE AMENDMENT. Rule 6(b)(2), Alaska Child in Need 09 of Aid Rules of Procedure, is amended to read: 10 (2) Form, Contents of Motion. The petition must be supported by a 11 statement of facts sufficient to show that the child is a child in need of aid [AND IS] in 12 a condition that [WHICH] requires the immediate assumption of custody pursuant to 13 AS 47.10.142 and that removal of the child from the home is either (A) necessary, 14 by a preponderance of the evidence, to prevent imminent physical damage or 15 harm to the child, or (B) necessary, by clear and convincing evidence, including 16 the testimony of a qualified expert witness who is not employed by the 17 Department, because the child would likely suffer serious emotional or physical 18 damage if left with the parent or guardian. If a child is believed to be an Indian 19 child, the statement of facts must show the tribal affiliation of the child, if known [, 20 AND MUST BE SUFFICIENT TO SHOW THAT REMOVAL OF THE CHILD 21 FROM THE HOME IS NECESSARY TO PREVENT IMMINENT PHYSICAL 22 DAMAGE OR HARM TO THE CHILD]. The statement of facts must be made under 23 oath, either in a petition, by affidavit, or orally on the record. 24 * Sec. 34. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 DIRECT COURT RULE AMENDMENT. Rule 6(b)(3), Alaska Child in Need 27 of Aid Rules of Procedure, is amended to read: 28 (3) Order. If the court determines that there is probable cause to 29 believe that the child is a child in need of aid and is in such condition or surroundings 30 that [THE CHILD'S WELFARE] requires the immediate assumption of custody 31 under AS 47.10.142 and the court determines either (A) by a preponderance of

01 the evidence, that removal of the child from the home is necessary to prevent 02 imminent physical damage or harm to the child, or (B) by clear and convincing 03 evidence, including the testimony of a qualified expert witness who is not 04 employed by the Department, that the child would likely suffer serious emotional 05 or physical damage if left with the child's parent or guardian, the court may 06 immediately issue an emergency custody order. [IN A CASE INVOLVING AN 07 INDIAN CHILD, THE COURT MAY NOT ORDER EMERGENCY REMOVAL 08 UNLESS IT FINDS THAT REMOVAL IS NECESSARY TO PREVENT 09 IMMINENT PHYSICAL DAMAGE OR HARM TO THE CHILD.] The order must 10 be directed to a peace officer or other person specifically designated by the court, and 11 shall require that the child be taken into custody immediately. 12 * Sec. 35. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 DIRECT COURT RULE AMENDMENT. Rule 10(c)(2), Alaska Child in 15 Need of Aid Rules of Procedure, is amended to read: 16 (2) The court shall order the child committed to [PLACED IN] the 17 temporary custody of the Department with placement in the home or order the child 18 returned to the home with supervision by the Department if the court finds probable 19 cause to believe that the child is a child in need of aid under AS 47.10.011 but does 20 not find either (A) by a preponderance of the evidence, that removal of the child 21 from the home is necessary to prevent imminent physical damage or harm to the 22 child, or (B) by clear and convincing evidence, including the testimony of a 23 qualified expert witness who is not employed by the Department, that the child 24 would likely suffer serious emotional or physical damage if left with the child's 25 parent or guardian. 26 * Sec. 36. The uncodified law of the State of Alaska is amended by adding a new section to 27 read: 28 DIRECT COURT RULE AMENDMENT. Rule 10(c)(3), Alaska Child in 29 Need of Aid Rules of Procedure, is amended to read: 30 (3) The court may approve the removal of the child from the child's 31 home only if the court finds one of the following [THAT CONTINUED

01 PLACEMENT IN THE HOME IS CONTRARY TO THE WELFARE OF THE 02 CHILD; AND, IN CASES INVOLVING AN INDIAN CHILD, EITHER]: (A) that 03 there is a preponderance of the evidence that removal from the child's parent or 04 Indian custodian is necessary to prevent imminent physical damage or harm to the 05 child; or (B) that there is clear and convincing evidence, including testimony of a 06 qualified expert witness who is not employed by the Department [WITNESSES], 07 that the child is likely to suffer serious emotional or physical damage if left in the 08 custody of the parent or Indian custodian. 09 * Sec. 37. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 DIRECT COURT RULE AMENDMENT. Rule 10(e)(2), Alaska Child in 12 Need of Aid Rules of Procedure, is amended to read: 13 (2) When a party seeks the return of a child to the child's home 14 pending adjudication or disposition, if the party makes a prima facie showing that 15 removal is no longer necessary, the burden of proof shifts to the Department. The [AS 16 DESCRIBED BELOW: 17 (A) IN CASES INVOLVING A NON-INDIAN CHILD, THE 18 COURT SHALL RETURN THE CHILD TO THE HOME UNLESS THE 19 DEPARTMENT PROVES BY A PREPONDERANCE OF THE EVIDENCE 20 THAT RETURN TO THE HOME IS CONTRARY TO THE WELFARE OF 21 THE CHILD; 22 (B) IN CASES INVOLVING AN INDIAN CHILD, THE] 23 court shall restore the child to the child's parent or Indian custodian unless the 24 Department proves 25 (A) [(i)] by a preponderance of the evidence that removal from 26 the parent or Indian custodian is still necessary to prevent imminent physical 27 damage or harm to the child; or 28 (B) [(ii)] by clear and convincing evidence, including the 29 testimony of a qualified expert witness who is not employed by the 30 Department [WITNESSES], that the child is likely to suffer serious emotional 31 or physical damage if returned to the custody of the parent or Indian custodian.

01 * Sec. 38. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 DIRECT COURT RULE AMENDMENT. Rule 10.1(a)(1), Alaska Child in 04 Need of Aid Rules of Procedure, is amended to read: 05 (1) Findings. 06 (A) If the Department has taken emergency custody of a non- 07 Indian child under AS 47.10.142, the court shall inquire into and determine at 08 the temporary custody hearing whether the Department has made active 09 [REASONABLE] efforts to provide remedial services and rehabilitative 10 programs as required by AS 47.10.086(a) to prevent out-of-home placement [, 11 OR WHETHER IT WAS NOT POSSIBLE UNDER THE 12 CIRCUMSTANCES TO MAKE EFFORTS THAT WOULD HAVE 13 PREVENTED REMOVAL OF THE CHILD]. 14 (B) At any other hearing at which the court is ordering a non- 15 Indian child's removal from the home, the court shall inquire into and 16 determine whether the Department has made active [REASONABLE] efforts 17 to provide remedial services and rehabilitative programs as required by 18 AS 47.10.086(a) to prevent out-of-home placement, unless the court has 19 previously determined under Rule 17.1 that active [REASONABLE] efforts 20 are not required. 21 (C) At each hearing at which the court is continuing a previous 22 order authorizing removal of a non-Indian child, the court shall inquire into 23 and determine whether the Department has made active [REASONABLE] 24 efforts to provide remedial services and rehabilitative programs since the 25 last hearing as required by AS 47.10.086(a) to permit the child's return to the 26 home, unless the court has previously determined under Rule 17.1 that active 27 [REASONABLE] efforts are not required. 28 * Sec. 39. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 DIRECT COURT RULE AMENDMENT. Rule 10.1(a)(2), Alaska Child in 31 Need of Aid Rules of Procedure, is amended to read:

01 (2) Effect of a Finding that Department Failed to Make Active 02 [REASONABLE] Efforts. A finding that the Department has failed to make active 03 [REASONABLE] efforts is not in itself a ground for returning the child to the home or 04 dismissing a petition and does not affect the court's ability to proceed to adjudication. 05 However, the court cannot enter a disposition order if the court finds that the 06 Department has failed to make active [REASONABLE] efforts, unless the court has 07 determined under Rule 17.1 that active [REASONABLE] efforts are not required. If 08 the Department has failed to make required active [REASONABLE] efforts, the court 09 must postpone disposition until the court finds that active [REASONABLE] efforts 10 have been made. On motion of a party or on its own motion, the court may order the 11 Department to comply with AS 47.10.086(a) within a reasonable time. If the 12 Department fails to comply with the order, the court may impose appropriate 13 sanctions. 14 * Sec. 40. The uncodified law of the State of Alaska is amended by adding a new section to 15 read: 16 DIRECT COURT RULE AMENDMENT. Rule 15(f)(2), Alaska Child in 17 Need of Aid Rules of Procedure, is amended to read: 18 (2) If the court approves the child's removal, the court shall make the 19 inquiry and findings required by CINA Rule 10.1. A finding that the Department has 20 failed to make active [REASONABLE] efforts, or, in cases involving an Indian child, 21 that the requirements of 25 U.S.C. 1912(d) or 1915(b) have not been met, is not in 22 itself a ground for returning the child to the home and does not affect the court's ability 23 to enter an adjudication order and extend temporary custody pending adjudication. 24 * Sec. 41. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 DIRECT COURT RULE AMENDMENT. Rule 17(c), Alaska Child in Need 27 of Aid Rules of Procedure, is amended to read: 28 (c) Requirements for Disposition. A disposition hearing may not be held 29 before adequate information is available upon which to enter an informed disposition 30 order. If the child has been placed outside the home, the court cannot enter a 31 disposition order if the court finds [(1) IN CASES INVOLVING A NON-INDIAN

01 CHILD,] that the Department has failed to make active [REASONABLE] efforts as 02 required by AS 47.10.086(a) or 25 U.S.C. 1912(d) to permit the child's return to the 03 home, unless the court has determined under Rule 17.1 that active [REASONABLE] 04 efforts are not required [; OR (2) IN CASES INVOLVING AN INDIAN CHILD, 05 THAT THE REQUIREMENTS OF 25 U.S.C. 1912(d) (ACTIVE EFFORTS) HAVE 06 NOT BEEN MET]. If the court finds that the Department has failed to make required 07 active [REASONABLE] efforts [OR THAT THE REQUIREMENTS OF 25 U.S.C. 08 1912(d) HAVE NOT BEEN MET], the court must postpone entering a disposition 09 order until the court finds that [REASONABLE EFFORTS OR] active efforts have 10 been made. The child should remain in temporary custody pending disposition. 11 * Sec. 42. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 DIRECT COURT RULE AMENDMENT. Rule 17(d)(2), Alaska Child in 14 Need of Aid Rules of Procedure, is amended to read: 15 (2) The court may approve the removal of the child from the child's 16 home only if the court finds that there is clear and convincing evidence, including 17 testimony of a qualified expert witness who is not employed by the Department, 18 that continued placement in the home [IS CONTRARY TO THE WELFARE OF THE 19 CHILD; AND, IN CASES INVOLVING AN INDIAN CHILD, THAT THERE IS 20 CLEAR AND CONVINCING EVIDENCE, INCLUDING THE TESTIMONY OF 21 QUALIFIED EXPERT WITNESSES, THAT CUSTODY OF THE INDIAN CHILD 22 BY THE PARENT OR INDIAN CUSTODIAN] is likely to result in serious 23 emotional or physical damage to the child. 24 * Sec. 43. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 DIRECT COURT RULE AMENDMENT. Rule 17.1(b), Alaska Child in Need 27 of Aid Rules of Procedure, is amended to read: 28 (b) Proceeding to Determine that Active [REASONABLE] Efforts May 29 Be Discontinued. At the permanency hearing required under AS 47.10.080(l), the 30 court may find that a continuation of active [REASONABLE] efforts is not in the best 31 interests of the child under AS 47.10.086(b). Any party recommending such a finding

01 must include that recommendation, specifying the factual basis for it, in its report for 02 permanency hearing required by CINA Rule 17.2(c) or in a separate motion. 03 * Sec. 44. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 DIRECT COURT RULE AMENDMENT. Rule 17.1(d)(3), Alaska Child in 06 Need of Aid Rules of Procedure, is amended to read: 07 (3) Child's Best Interests. In determining whether active 08 [REASONABLE] efforts are required, the court's primary consideration is the child's 09 best interests. 10 * Sec. 45. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 DIRECT COURT RULE AMENDMENT. Rule 17.2(a), Alaska Child in Need 13 of Aid Rules of Procedure, is amended to read: 14 (a) Purpose and Timing of the Hearing. The purpose of the permanency 15 hearing is to establish a permanency plan for each child committed to state custody 16 under AS 47.10.080(c)(1) and to ensure that findings with respect to the plan are made 17 as required by state and federal laws. The permanency hearing must be held: (1) 18 within 12 months after the date the child entered foster care as calculated under 19 AS 47.10.088(f); (2) within 30 days after the court determines pursuant to CINA Rule 20 17.1 that active [REASONABLE] efforts are not required; [OR] (3) upon application 21 by a party, when good cause is shown; or (4) within 30 days after a child is placed 22 in the temporary custody of the Department under CINA Rule 10 and 23 AS 47.10.142. 24 * Sec. 46. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 DIRECT COURT RULE AMENDMENT. Rule 17.2(e), Alaska Child in Need 27 of Aid Rules of Procedure, is amended to read: 28 (e) Findings. The court shall make written findings, including findings related 29 to 30 (1) whether the child continues to be a child in need of aid; 31 (2) whether returning the child to the custody of the child's parent

01 or guardian is likely to result in serious emotional or physical damage to the child 02 [SHOULD BE RETURNED TO THE PARENT OR GUARDIAN, AND WHEN]; 03 (3) whether the child should be placed for adoption or legal 04 guardianship and whether the Department is in compliance with AS 47.10.088(d) 05 relating to the filing of a petition for termination of parental rights; 06 (4) whether there is compelling reason that the most appropriate 07 placement for the child is in another planned, permanent living arrangement and the 08 department has recommended the arrangement under AS 47.14.100(p); the findings 09 under this subsection must include the steps that are necessary to achieve the new 10 arrangement; and 11 (5) in the case of a child who has attained age 16, the services needed 12 to assist the child to make the transition from foster care to independent living or adult 13 protective services. 14 If the court is unable to make a finding required under this subsection, the court shall 15 schedule and hold another permanency hearing within a reasonable period of time as defined 16 in AS 47.10.990(23). 17 * Sec. 47. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 DIRECT COURT RULE AMENDMENT. Rule 17.2(f), Alaska Child in Need 20 of Aid Rules of Procedure, is amended to read: 21 (f) Additional Findings. In addition to the findings required under subsection 22 (e), the court shall also make written findings related to 23 (1) whether the Department has made active [REASONABLE] efforts 24 to provide remedial and rehabilitative services required under AS 47.10.086 or [, 25 IN THE CASE OF AN INDIAN CHILD, WHETHER THE DEPARTMENT HAS 26 MADE ACTIVE EFFORTS TO PROVIDE REMEDIAL SERVICES AND 27 REHABILITATIVE PROGRAMS AS REQUIRED BY] 25 U.S.C. Sec. 1912(d); 28 (2) whether the parent or guardian has made substantial progress to 29 remedy the parent's or guardian's conduct or conditions in the home that made the 30 child a child in need of aid; 31 (3) if the permanency plan is for the child to remain in out-of-home

01 care, whether returning the child to the custody of the child's parent or guardian 02 is likely to result in serious emotional or physical damage to the child [THE 03 CHILD'S OUT-OF-HOME PLACEMENT CONTINUES TO BE APPROPRIATE 04 AND IN THE BEST INTERESTS OF THE CHILD]; and 05 (4) whether the Department has made active [REASONABLE] efforts 06 to finalize the permanency plan that is in effect (whether the plan is reunification, 07 adoption, legal guardianship, placement with a fit and willing relative, or placement in 08 another planned permanent living arrangement). 09 * Sec. 48. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 DIRECT COURT RULE AMENDMENT. Rule 18(c), Alaska Child in Need 12 of Aid Rules of Procedure, is amended to read: 13 (c) Burden of Proof. Before the court may terminate parental rights, the 14 Department must prove: 15 (1) by clear and convincing evidence that 16 (A) the child has been subjected to conduct or conditions 17 described in AS 47.10.011 and 18 (i) the parent has not remedied the conduct or 19 conditions in the home that place the child at serious 20 [SUBSTANTIAL] risk of damage or harm; or 21 (ii) the parent has failed, within a reasonable time, to 22 remedy the conduct or conditions in the home that place the child in 23 serious [SUBSTANTIAL] risk so that returning the child to the parent 24 would place the child at serious [SUBSTANTIAL] risk of emotional 25 or physical damage [OR MENTAL INJURY]; or 26 (B) a parent is incarcerated and the requirements of 27 AS 47.10.080(o) are met; and 28 (2) by clear and convincing evidence that 29 [(A) THE DEPARTMENT HAS COMPLIED WITH THE 30 PROVISIONS OF AS 47.10.086 CONCERNING REASONABLE EFFORTS; 31 OR

01 (B) IN THE CASE OF AN INDIAN CHILD, THAT] active 02 efforts have been made to provide remedial services and rehabilitative 03 programs designed to prevent the removal of the child from the child's home 04 [BREAKUP OF THE INDIAN FAMILY] and that these efforts have proved 05 unsuccessful; and 06 (3) by a preponderance of the evidence that termination of parental 07 rights is in the best interests of the child; and 08 (4) [IN THE CASE OF AN INDIAN CHILD,] by evidence beyond a 09 reasonable doubt, including the testimony of a qualified expert witness not employed 10 by the Department [WITNESSES], that continued custody of the child by the parent 11 or Indian custodian is likely to result in serious emotional or physical damage to the 12 child. 13 * Sec. 49. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 DIRECT COURT RULE AMENDMENT. Rule 19.1(c), Alaska Child in Need 16 of Aid Rules of Procedure, is amended to read: 17 (c) Disposition Order. Pursuant to AS 47.10.100(a), the court may review a 18 disposition order upon motion of a party or on its own motion. When a party seeks the 19 return of a child to the child's home, if the party makes a prima facie showing that 20 removal is no longer necessary, the burden of proof shifts to the Department. The [AS 21 DESCRIBED BELOW: 22 (A) IN CASES INVOLVING A NON-INDIAN CHILD, THE 23 COURT SHALL RETURN THE CHILD TO THE HOME UNLESS THE 24 DEPARTMENT PROVES BY A PREPONDERANCE OF THE EVIDENCE 25 THAT RETURN TO THE HOME IS CONTRARY TO THE WELFARE OF 26 THE CHILD; 27 (B) IN CASES INVOLVING AN INDIAN CHILD, THE] 28 court shall restore the child to the child's parent or Indian custodian unless the 29 Department proves by clear and convincing evidence, including the testimony 30 of a qualified expert witness not employed by the Department 31 [WITNESSES], that the child is likely to suffer serious emotional or physical

01 damage if returned to the custody of the parent or Indian custodian. 02 * Sec. 50. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 REPEAL OF COURT RULES. Rule 17.1(a), 17.1(c), and 17.1(d)(2), Alaska Child in 05 Need of Aid Rules of Procedure, are repealed. 06 * Sec. 51. AS 47.10.086(c), 47.10.086(g), 47.10.088(e), 47.10.990(11), 47.10.990(27), and 07 47.10.990(30) are repealed. 08 * Sec. 52. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 TWO-THIRDS VOTE NOT REQUIRED. Because the provisions of Rules 6(a), 11 6(b)(2) and (3), 10(c)(2) and (3), 10(e)(2), 10.1(a)(1) and (2), 15(f)(2), 17(c), 17(d)(2), 12 17.1(a), 17.1(b), 17.1(c), 17.1(d)(2) and (3), 17.2(a), and 18(c), Alaska Child in Need of Aid 13 Rules of Procedure, that are affected by the provisions of this Act were adopted under the 14 Alaska Supreme Court's interpretive authority exercised under art. IV, sec. 1, Constitution of 15 the State of Alaska, secs. 32 - 45, 48, and 50 of this Act take effect even if secs. 32 - 45, 48, 16 and 50 of this Act do not receive the two-thirds majority vote normally applicable to changing 17 court rules under art. IV, sec. 15, Constitution of the State of Alaska. 18 * Sec. 53. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 APPLICABILITY. This Act applies to child-in-need-of-aid petitions filed or pending 21 on or after the effective date of this Act. 22 * Sec. 54. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 CONDITIONAL EFFECT. AS 47.10.080(l), as amended by sec. 8 of this Act, 25 AS 47.10.081(b), as amended by sec. 11 of this Act, and AS 47.10.142(d), as amended by sec. 26 23 of this Act take effect only if secs. 8, 11, and 23 of this Act receive the two-thirds majority 27 vote of each house required by art. IV, sec. 15, Constitution of the State of Alaska.