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HB 10: "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, 15(f)(2), 17(c), 17(d)(2), 17.1(b), 17.1(d)(3), 17.2(a), 17.2(e), 17.2(f), 17.3, 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. 10 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, 15(f)(2), 17(c), 17(d)(2), 17.1(b), 04 17.1(d)(3), 17.2(a), 17.2(e), 17.2(f), 17.3, 18(c), and 19.1(c), Alaska Child in Need of Aid 05 Rules of Procedure, and repealing Rules 17.1(a), 17.1(c), and 17.1(d)(2), Alaska Child in 06 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 that is the least restrictive setting that most approximates a 11 family home in which the child's special needs may be met and that is 12 within reasonable proximity to the child's home; 13 (B) the child should not be moved unnecessarily; 14 (C) a planning process should be followed to lead to permanent 15 placement of the child; 16 (D) every effort should be made to encourage psychological 17 attachment between the adult caregiver and the child; 18 (E) frequent, regular, and reasonable visitation with the parent 19 or guardian and family members should be encouraged; and 20 (F) parents and guardians must actively participate in remedial 21 services and rehabilitative programs [FAMILY SUPPORT SERVICES] so 22 as to facilitate the child's being able to remain in the home; when children are 23 removed from the home, the parents and guardians must actively participate in 24 remedial services and rehabilitative programs [FAMILY SUPPORT 25 SERVICES] to make return of their children to the home possible; 26 (5) numerous studies establish that 27 (A) children undergo a critical attachment process before the 28 time they reach six years of age; 29 (B) a child who has not attached with an adult caregiver during 30 this critical stage will suffer significant emotional damage that frequently leads 31 to chronic psychological problems and antisocial behavior when the child

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

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

01 member that is a crime under AS 11.41.230(a)(3) or 11.41.250 - 02 11.41.270 or an offense under a law or ordinance of another jurisdiction 03 having elements similar to a crime under AS 11.41.230(a)(3) or 04 11.41.250 - 11.41.270; 05 (9) conduct by or conditions created by the parent, guardian, or 06 custodian have subjected the child or another child in the same household to neglect; 07 (10) the parent, guardian, or custodian's ability to parent has been 08 substantially impaired by the addictive or habitual use of an intoxicant, and the 09 addictive or habitual use of the intoxicant has resulted in a serious [SUBSTANTIAL] 10 risk of emotional or physical damage or harm to the child; if a court has previously 11 found that a child is a child in need of aid under this paragraph, the resumption of use 12 of an intoxicant by a parent, guardian, or custodian within one year after rehabilitation 13 is prima facie evidence that the ability to parent is substantially impaired and the 14 addictive or habitual use of the intoxicant has resulted in a serious [SUBSTANTIAL] 15 risk of emotional or physical damage or harm to the child as described in this 16 paragraph; 17 (11) the parent, guardian, or custodian has a mental illness, serious 18 emotional disturbance, or mental deficiency of a nature and duration that places the 19 child at serious [SUBSTANTIAL] risk of emotional or physical damage or harm 20 [OR MENTAL INJURY]; 21 (12) the child has committed an illegal act as a result of pressure, 22 guidance, or approval from the child's parent, guardian, or custodian. 23 * Sec. 3. AS 47.10.011 is amended by adding a new subsection to read: 24 (b) In making determinations regarding emotional or physical damage or harm 25 under this chapter, the court shall apply the standards of 25 U.S.C. 1901 - 1963 (Indian 26 Child Welfare Act of 1978) regardless of whether the child is an Indian child. 27 * Sec. 4. AS 47.10.013(a) is amended to read: 28 (a) For purposes of this chapter, the court may find abandonment of a child if 29 a parent or guardian has shown a conscious disregard of parental responsibilities 30 toward the child by failing to provide reasonable support, maintain regular contact, or 31 provide normal supervision, considering the child's age and need for care by an adult.

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

01 [THE MINOR'S WELFARE] requires the immediate assumption of custody by the 02 court, the court may order, by endorsement upon the summons, that the officer serving 03 the summons shall at once take the child [MINOR] into custody and make the 04 temporary placement of the child [MINOR] that the court directs. 05 * Sec. 7. AS 47.10.080(c) is amended to read: 06 (c) If the court finds that the child is a child in need of aid, the court shall 07 (1) order the child committed to the department for placement in an 08 appropriate setting as provided under AS 47.14.100 or 25 U.S.C. 1915(b) for a 09 period of time not to exceed two years or in any event not to extend past the date the 10 child becomes 19 years of age, except that the department, the child, or the child's 11 guardian ad litem may petition for and the court may grant in a hearing 12 (A) one-year extensions of commitment that do not extend 13 beyond the child's 19th birthday if the extension is in the best interests of the 14 child; and 15 (B) additional one-year extensions of commitment past 19 16 years of age that do not extend beyond the person's 21st birthday if the 17 continued state custody is in the best interests of the person and the person 18 consents to it; 19 (2) order the child released to a parent, adult family member, or 20 guardian of the child or to another suitable person, and, in appropriate cases, order the 21 parent, adult family member, guardian, or other person to provide medical or other 22 care and treatment; if the court releases the child, it shall direct the department to 23 supervise the care and treatment given to the child, but the court may dispense with 24 the department's supervision if the court finds that the adult to whom the child is 25 released will adequately care for the child without supervision; the department's 26 supervision may not exceed two years or in any event extend past the date the child 27 reaches 19 years of age, except that the department or the child's guardian ad litem 28 may petition for and the court may grant in a hearing 29 (A) one-year extensions of supervision that do not extend 30 beyond the child's 19th birthday if the extensions are in the best interests of the 31 child; and

01 (B) an additional one-year period of supervision past 19 years 02 of age if the continued supervision is in the best interests of the person and the 03 person consents to it; or 04 (3) order, under the grounds specified in (o) of this section or 05 AS 47.10.088, the termination of parental rights and responsibilities of one or both 06 parents and commit the child to the custody of the department; the department shall 07 report quarterly to the court and shall demonstrate in its report that the department is 08 making active [REASONABLE] efforts to find a permanent placement for the child. 09 * Sec. 8. AS 47.10.080(f) is amended to read: 10 (f) A child found to be a child in need of aid is a ward of the state while the 11 child is committed to the department or the department has the power to supervise the 12 child's actions. For an order made under (c)(1) of this section, the court shall hold a 13 permanency hearing as required by (l) of this section and at least annually thereafter 14 during the continuation of foster care to determine if continued placement, as it is 15 being provided, is in the best interest of the child and whether the child should be 16 returned to the custody of the child's parent or guardian. The department, the 17 child, and the child's parents, guardian, and guardian ad litem are entitled, when good 18 cause is shown, to a permanency hearing on application. If the application is granted, 19 the court shall afford these persons and their counsel reasonable advance notice and 20 hold a permanency hearing where these persons and their counsel shall be afforded an 21 opportunity to be heard. The persons entitled to notice under AS 47.10.030(b) and the 22 grandparents entitled to notice under AS 47.10.030(d) are entitled to notice of a 23 permanency hearing under this subsection and are also entitled to be heard at the 24 hearing. The child shall be afforded the opportunity to be present and to be heard at 25 the permanency hearing. After the permanency hearing, the court shall make the 26 written findings that are required under (l) of this section. The court shall review an 27 order made under (c)(2) of this section at least annually to determine if continued 28 supervision, as it is being provided, is in the best interest of the child; this review is 29 not considered to be a permanency hearing and is not governed by the provisions of 30 this subsection that relate to permanency hearings. 31 * Sec. 9. AS 47.10.080(l) is amended to read:

01 (l) Within 12 months after the date a child enters foster care as calculated 02 under AS 47.10.088(f), the court shall hold a permanency hearing. The hearing and 03 permanent plan developed in the hearing are governed by the following provisions: 04 (1) the persons entitled to be heard under AS 47.10.070 or under (f) of 05 this section are also entitled to be heard at the hearing held under this subsection; 06 (2) when establishing the permanent plan for the child, the court shall 07 make appropriate written findings, including findings related to whether 08 (A) returning the child to the child's parent or guardian is 09 likely to result in serious emotional or physical damage to the child [AND 10 WHEN THE CHILD SHOULD BE RETURNED TO THE PARENT OR 11 GUARDIAN]; 12 (B) the child should be placed for adoption or legal 13 guardianship and whether a petition for termination of parental rights should be 14 filed by the department; and 15 (C) there is a compelling reason that the most appropriate 16 placement for the child is in another planned, permanent living arrangement 17 and the department has recommended the arrangement under AS 47.14.100(o); 18 the findings under this paragraph must include the steps that are necessary to 19 achieve the new arrangement; 20 (3) if the court is unable to make a finding required under (2) of this 21 subsection, the court shall hold another hearing within a reasonable period of time; 22 (4) in addition to the findings required by (2) of this subsection, the 23 court shall also make appropriate written findings related to 24 (A) whether the department has made the active 25 [REASONABLE] efforts required under AS 47.10.086 to offer appropriate 26 remedial services and rehabilitative programs [FAMILY SUPPORT 27 SERVICES] to remedy the parent's or guardian's conduct or conditions in the 28 home that made the child a child in need of aid under this chapter; 29 (B) whether the active efforts of the department have been 30 successful and the parent or guardian has made substantial progress to remedy 31 the parent's or guardian's conduct or conditions in the home that made the child

01 a child in need of aid under this chapter; 02 (C) if the permanent plan is for the child to remain in out-of- 03 home care, whether 04 (i) the child's out-of-home placement continues to be 05 appropriate under AS 47.14.100 and in the best interests of the child; 06 and 07 (ii) the department is making active [REASONABLE] 08 efforts to find a permanent placement for the child; and 09 (D) whether the department has made active [REASONABLE] 10 efforts to finalize the permanent plan for the child; 11 (5) the court shall hold a hearing to review the permanent plan at least 12 annually until successful implementation of the plan; if the plan approved by the court 13 changes after the hearing, the department shall promptly apply to the court for another 14 permanency hearing, and the court shall conduct the hearing within 30 days after 15 application by the department; 16 (6) if the court finds, under (4)(C)(ii) of this subsection, that the 17 department is not making active [REASONABLE] efforts to find a permanent 18 placement for the child, the court shall order the department to make active 19 [REASONABLE] efforts to find a permanent placement for the child unless the 20 current placement is in the best interests of the child; 21 (7) in a hearing to review the permanent plan under AS 47.10.111(c) or 22 47.10.112(c), the court shall make written findings related to whether 23 (A) the person who filed the petition or proxy is entitled to 24 placement preference under AS 47.14.100(e) or 25 U.S.C. 1915(a), whichever 25 is applicable; and 26 (B) [IF 25 U.S.C. 1915(a) APPLIES,] the current placement is 27 in compliance with or whether there is good cause to deviate from the 28 placement preferences. 29 * Sec. 10. AS 47.10.080(p) is amended to read: 30 (p) If a child is removed from the parental home, the department shall make 31 active efforts to provide opportunities for and facilitate reasonable visitation

01 between the child and the child's parents, guardian, and family. When determining 02 what constitutes reasonable visitation with a family member, the department shall 03 consider the nature and quality of the relationship that existed between the child and 04 the family member before the child was committed to the custody of the department. 05 The court may require the department to file a visitation plan with the court. The 06 department may deny visitation to the parents, guardian, or family members if there is 07 clear and convincing evidence that visits are not in the child's best interests. If the 08 department denies visitation to a parent or family member of a child, the department 09 shall inform the parent or family member of a reason for the denial and of the parent's 10 or adult family member's right to request a review hearing as an interested person. A 11 parent, adult family member, or guardian who is denied visitation may request a 12 review hearing. A non-party adult family member requesting a review hearing under 13 this subsection is not eligible for publicly appointed legal counsel. 14 * Sec. 11. AS 47.10.080 is amended by adding a new subsection to read: 15 (z) An order issued under this section may not allow removal of a child from 16 the child's home or continued placement of the child outside the child's home unless 17 there is, at the time the order is issued, clear and convincing evidence, including the 18 testimony of a qualified expert witness, that the child is likely to suffer serious 19 emotional or physical damage if left with or returned to the child's parent or guardian. 20 The social worker regularly assigned to the child may not serve as a qualified expert 21 witness for purposes of this subsection. 22 * Sec. 12. AS 47.10.081(b) is amended to read: 23 (b) Before the disposition hearing of a child in need of aid, the department 24 shall submit a predisposition report to aid the court in its selection of a disposition. 25 This report must include [, BUT IS NOT LIMITED TO,] the following: 26 (1) a statement of changes in the child's or parent's behavior, which 27 will aid the court in determining that supervision of the family or placement is no 28 longer necessary; 29 (2) if removal from the home is recommended, a description of 30 whether continued custody of the child by the child's parent or guardian is likely 31 to result in serious emotional or physical damage [THE REASONS THE CHILD

01 CANNOT BE PROTECTED OR REHABILITATED ADEQUATELY IN THE 02 HOME, INCLUDING A DESCRIPTION OF ANY PREVIOUS EFFORTS TO 03 WORK WITH THE PARENTS AND THE CHILD IN THE HOME AND THE 04 PARENTS' ATTITUDE TOWARD PLACEMENT OF THE CHILD]; 05 (3) a description of the potential harm to the child that may result from 06 removal from the home and any efforts that can be made to minimize that [SUCH] 07 harm; and 08 (4) any further information that the court may request. 09 * Sec. 13. AS 47.10.086(a) is repealed and reenacted to read: 10 (a) Except as provided in (b) of this section, the department shall make timely, 11 active efforts to provide remedial services and rehabilitative programs to the child and 12 to the parents or guardian of the child that are intended primarily to prevent out-of- 13 home placement of the child or to enable the safe return of the child to the child's 14 family. The department's duty to make active efforts under this subsection includes 15 the duty to assist the child's parent or guardian through the steps of a case plan and 16 with accessing or developing the resources necessary to satisfy the case plan. The 17 department shall tailor its active efforts to the facts and circumstances of the case. 18 Active efforts may include 19 (1) conducting a comprehensive assessment of the circumstances of 20 the child's family, with a focus on safe reunification as the most desirable goal; 21 (2) identifying appropriate services and helping the child's parent or 22 guardian to overcome barriers, including actively assisting the parent or guardian to 23 obtain the identified services; the department shall refer the parent or guardian to, and 24 distribute to the parent or guardian information on, community-based family support 25 services whenever community-based services are available and desired by the parent 26 or guardian; the information may include the use of a power of attorney under 27 AS 13.26.066 to select an individual to care for the child temporarily; 28 (3) identifying, notifying, and inviting members of the child's family to 29 participate in providing support and services to the child's parent or guardian and to 30 participate in family team meetings, permanency planning, and resolution of 31 placement issues;

01 (4) conducting or causing to be conducted a diligent search for the 02 child's family members, and contacting and consulting with family members to assist 03 family members in providing family structure and support for the child and the child's 04 parent or guardian; 05 (5) offering and employing all available and culturally appropriate 06 family preservation strategies and facilitating the use of remedial and rehabilitative 07 services by the child's family; 08 (6) taking steps to keep siblings together whenever possible; 09 (7) supporting regular visits with the child's parent or guardian in the 10 most natural setting possible as well as trial home visits during any period of removal, 11 consistent with the need to ensure the health, safety, and welfare of the child; 12 (8) identifying community resources including housing, financial, 13 transportation, mental health, substance abuse, and peer support services and actively 14 assisting the child's parent or guardian, or when appropriate, the child's family, in 15 utilizing and accessing these resources; 16 (9) monitoring the progress of the child's parent or guardian and the 17 parent's or guardian's participation in services; 18 (10) considering alternative ways to address the needs of the child's 19 parent or guardian and, where appropriate, the child's family, if the optimum services 20 are not available; 21 (11) providing postreunification services and monitoring. 22 * Sec. 14. AS 47.10.086(b) is amended to read: 23 (b) If the court makes a finding at a hearing conducted under AS 47.10.080(l) 24 that a parent or guardian has not sufficiently remedied the parent's or guardian's 25 conduct or the conditions in the home despite active [REASONABLE] efforts made 26 by the department in accordance with this section, the court may conclude that 27 continuation of active [REASONABLE] efforts of the type described in (a) of this 28 section are not in the best interests of the child. The department shall then make active 29 [REASONABLE] efforts to place the child in a timely manner in accordance with the 30 permanent plan and to complete whatever steps are necessary to finalize the 31 permanent placement of the child.

01 * Sec. 15. AS 47.10.086(d) is amended to read: 02 (d) If the court determines under (b) [OR (c)] of this section that active 03 [REASONABLE] efforts under (a) of this section are not required to be provided, 04 (1) the court shall hold a permanency hearing for the child within 30 05 days after the determination; and 06 (2) the department shall make active [REASONABLE] efforts to place 07 the child in a timely manner in accordance with the permanency plan, and complete 08 whatever steps are necessary to finalize the permanent placement of the child. 09 * Sec. 16. AS 47.10.086(e) is amended to read: 10 (e) The department may develop and implement an alternative permanency 11 plan for the child while the department is also making active [REASONABLE] efforts 12 to return the child to the child's family under (a) of this section. 13 * Sec. 17. AS 47.10.086(f) is amended to read: 14 (f) In making determinations and active [REASONABLE] efforts under this 15 section, the department and the court shall apply the standards of 25 U.S.C. 1901 16 - 1963 (Indian Child Welfare Act of 1978) regardless of whether the child is an 17 Indian child [THE PRIMARY CONSIDERATION IS THE CHILD'S BEST 18 INTERESTS]. 19 * Sec. 18. AS 47.10.088(a) is amended to read: 20 (a) Except as provided in AS 47.10.080(o), the rights and responsibilities of 21 the parent regarding the child may be terminated for purposes of freeing a child for 22 adoption or other permanent placement if the court finds 23 (1) by clear and convincing evidence that 24 (A) [(1)] the child has been subjected to conduct or conditions 25 described in AS 47.10.011; 26 (B) [(2)] the parent 27 (i) [(A)] has not remedied the conduct or conditions in 28 the home that place the child at serious [SUBSTANTIAL] risk of 29 damage or harm; or 30 (ii) [(B)] has failed, within a reasonable time, to remedy 31 the conduct or conditions in the home that place the child in serious

01 [SUBSTANTIAL] risk so that returning the child to the parent would 02 place the child at serious [SUBSTANTIAL] risk of emotional or 03 physical damage [OR MENTAL INJURY]; and 04 (C) [(3)] the department has complied with the provisions of 05 AS 47.10.086 concerning active [REASONABLE] efforts; and 06 (2) by evidence beyond a reasonable doubt, including the 07 testimony of a qualified expert witness, that continued custody of the child by the 08 parent or guardian is likely to result in serious physical or emotional damage to 09 the child; the social worker regularly assigned to the child may not serve as a 10 qualified expert witness for purposes of this paragraph. 11 * Sec. 19. AS 47.10.088(b) is amended to read: 12 (b) In making a determination under (a)(1)(B) [(a)(2)] of this section, the court 13 may consider any fact relating to the best interests of the child, including 14 (1) the likelihood of returning the child to the parent within a 15 reasonable time based on the child's age or needs; 16 (2) the amount of effort by the parent to remedy the conduct or the 17 conditions in the home; 18 (3) the damage or harm caused to the child; 19 (4) the likelihood that the damaging or harmful conduct will continue; 20 and 21 (5) the history of conduct by or conditions created by the parent. 22 * Sec. 20. AS 47.10.088(d) is amended to read: 23 (d) The [EXCEPT AS PROVIDED IN (e) OF THIS SECTION, THE] 24 department shall petition for termination of a parent's rights to a child, without making 25 further active [REASONABLE] efforts, when a child is under the jurisdiction of the 26 court under AS 47.10.010 and 47.10.011, and 27 [(1) THE CHILD HAS BEEN IN FOSTER CARE FOR AT LEAST 28 15 OF THE MOST RECENT 22 MONTHS; 29 (2) THE COURT HAS DETERMINED THAT THE CHILD IS 30 ABANDONED UNDER AS 47.10.013 AND THE CHILD IS YOUNGER THAN 31 SIX YEARS OF AGE;

01 (3)] the court has made a finding under AS 47.10.086(b) [OR A 02 DETERMINATION UNDER AS 47.10.086(c)] that the best interests of the child do 03 not require further active [REASONABLE] efforts by the department unless the 04 department has documented a compelling reason for determining that filing the 05 petition would not be in the best interests of the child. A compelling reason under 06 this subsection may include care by a relative for the child [; 07 (4) A PARENT HAS MADE THREE OR MORE ATTEMPTS 08 WITHIN A 15-MONTH PERIOD TO REMEDY THE PARENT'S CONDUCT OR 09 CONDITIONS IN THE HOME WITHOUT LASTING CHANGE; OR 10 (5) A PARENT HAS MADE NO EFFORT TO REMEDY THE 11 PARENT'S CONDUCT OR THE CONDITIONS IN THE HOME BY THE TIME OF 12 THE PERMANENCY HEARING UNDER AS 47.10.080(l)]. 13 * Sec. 21. AS 47.10.088(g) is amended to read: 14 (g) This section does not preclude the department from filing a petition to 15 terminate the parental rights and responsibilities to a child for other reasons [, OR AT 16 AN EARLIER TIME THAN THOSE SPECIFIED IN (d) OF THIS SECTION,] if the 17 department determines that continued custody of the child by the child's parent or 18 guardian is likely to result in serious emotional or physical damage to [FILING A 19 PETITION IS IN THE BEST INTERESTS OF] the child. 20 * Sec. 22. AS 47.10.142(a) is amended to read: 21 (a) The Department of Health and Social Services may take emergency 22 custody of a child upon discovering any of the following circumstances: 23 (1) the child has been abandoned as abandonment is described in 24 AS 47.10.013; 25 (2) the child has been neglected by the child's parents or guardian, as 26 "neglect" is described in AS 47.10.014, and the department determines that immediate 27 removal from the child's surroundings is necessary to prevent imminent physical 28 damage or harm to the child [PROTECT THE CHILD'S LIFE OR PROVIDE 29 IMMEDIATE NECESSARY MEDICAL ATTENTION]; 30 (3) the child has been subjected to physical damage or harm by a 31 person responsible for the child's welfare, and the department determines that

01 immediate removal from the child's surroundings is necessary to prevent imminent 02 physical damage or harm to the child [PROTECT THE CHILD'S LIFE OR THAT 03 IMMEDIATE MEDICAL ATTENTION IS NECESSARY]; or 04 (4) the child or a sibling has been sexually abused under circumstances 05 listed in AS 47.10.011(7). 06 * Sec. 23. AS 47.10.142(b) is amended to read: 07 (b) The department shall offer available counseling services to the person 08 having legal custody of a minor described in AS 47.10.141 and to the members of the 09 minor's household if it determines that counseling services would be appropriate in the 10 situation. If, after assessing the situation, offering available counseling services to the 11 legal custodian and the minor's household, and furnishing appropriate social services 12 to the minor, the department considers it necessary, the department may take 13 emergency custody of the minor, except that, if the person having legal custody of 14 the minor is the minor's parent or guardian, the department may take emergency 15 custody of the minor only if necessary to prevent imminent physical damage or 16 harm to the child. 17 * Sec. 24. AS 47.10.142(d) is amended to read: 18 (d) The court shall immediately, and in no event more than 48 hours after 19 being notified unless prevented by lack of transportation, hold a temporary custody 20 hearing at which the child, if the child's health permits, and the child's parents or 21 guardian, if they can be found, shall be permitted to be present. If present at the 22 hearing, a parent or guardian of the child may request a continuance of the hearing for 23 the purpose of preparing a response to the allegation that the child is a child in need of 24 aid. The court may grant the request on a showing of good cause for why the parent or 25 guardian is not prepared to respond to the allegation. During a continuance, the child 26 remains in the temporary legal custody of the department, except as otherwise 27 provided in this subsection. At the first hearing under this subsection, regardless of 28 whether a continuance is granted, the court shall make a preliminary determination of 29 whether it is necessary to continue the department's temporary legal custody of 30 the child to prevent imminent physical damage or harm to [CONTINUED 31 PLACEMENT IN THE HOME OF THE CHILD'S PARENT OR GUARDIAN

01 WOULD BE CONTRARY TO THE WELFARE OF] the child. If a court determines 02 that continuing the department's temporary legal custody of the child is no longer 03 necessary to prevent imminent physical damage or harm to [CONTINUED 04 PLACEMENT IN THE HOME OF THE CHILD'S PARENT OR GUARDIAN 05 WOULD NOT BE CONTRARY TO THE WELFARE OF] the child, the court shall 06 return the authority to place the child to the child's parent or guardian pending a 07 temporary custody hearing under (e) of this section. 08 * Sec. 25. AS 47.10.142(e) is amended to read: 09 (e) When the temporary custody hearing is held, the court shall determine 10 whether probable cause exists for believing the child to be a child in need of aid, as 11 defined in AS 47.10.990. If removal of the child from the child's home is 12 requested, the court shall also determine at the temporary custody hearing 13 whether (1) by a preponderance of the evidence, removal of the child is necessary 14 to prevent imminent physical damage or harm to the child, or (2) by clear and 15 convincing evidence, including the testimony of a qualified expert witness, the 16 child would likely suffer serious physical or emotional damage if left in the child's 17 home. If the court finds that probable cause exists for believing that the child is a 18 child in need of aid and that a sufficient showing has been made under either (1) 19 or (2) of this subsection, it shall order the child committed to the department for 20 temporary placement outside the home of the child's parent or guardian. If the 21 court finds that probable cause exists for believing that the child is a child in need 22 of aid, but that a sufficient showing has not been made under (1) or (2) of this 23 subsection, the court shall [, OR] order the child to be either committed to the 24 custody of the department with temporary placement to be in the child's home or 25 returned to the custody of the child's parents or guardian, subject to the department's 26 supervision of the child's care and treatment. The court shall inform the child, and the 27 child's parents or guardian if they can be found, of the reasons for finding probable 28 cause, authorizing the child's temporary placement, and, if applicable, the reasons 29 supporting the court's determination that a sufficient showing has been made 30 under (1) or (2) of this subsection [FINDING THAT CONTINUED PLACEMENT 31 IN THE HOME OF THE CHILD'S PARENTS OR GUARDIAN WOULD BE

01 CONTRARY TO THE WELFARE OF THE CHILD]. If the court finds that [NO] 02 probable cause does not exist to believe that the child is a child in need of aid, the 03 court [, IT] shall dismiss the petition and order the child returned to the custody of 04 the child's parents or guardian. 05 * Sec. 26. AS 47.10.142(f) is amended to read: 06 (f) When a child [MINOR] is committed to the department for temporary 07 placement under (e) of this section, the court order shall specify the terms, conditions, 08 and duration of placement. Except as provided in (i) of this section, the duration of 09 a temporary placement under this section may not exceed 30 days. If the court 10 orders the child [MINOR] returned to the custody of the child's [MINOR'S] parents 11 or guardian under (e) of this section after a hearing held on a petition filed under 12 AS 47.10.141(f), the court shall specify the terms and conditions that must be 13 followed by the child [MINOR] and the child's [MINOR'S] parents or guardian. The 14 court shall require the child [MINOR] to remain in the placement provided by the 15 department and shall clearly state in the order the consequences of violating the order, 16 including detention under AS 47.10.141(c). 17 * Sec. 27. AS 47.10.142(h) is amended to read: 18 (h) Within 30 days [12 MONTHS] after a child is committed to the 19 department under this section, the court shall review the placement plan and actual 20 placement of the child under AS 47.10.080(l). 21 * Sec. 28. AS 47.10.142 is amended by adding new subsections to read: 22 (j) The court may only order a child committed to the department for 23 temporary placement under (e) and (f) of this section for more than 30 days if the 24 court determines 25 (1) by clear and convincing evidence, including the testimony of a 26 qualified expert witness, that custody of the child by the child's parent or guardian is 27 likely to result in imminent physical damage or harm to the child; or 28 (2) that extraordinary circumstances exist. 29 (k) The social worker regularly assigned to the child may not serve as a 30 qualified expert witness under (e) or (j) of this section. 31 * Sec. 29. AS 47.10.990 is amended by adding new paragraphs to read:

01 (35) "active efforts" means consistent attempts of the type described 02 under AS 47.10.086; 03 (36) "emotional damage" has the same meaning as interpreted under 04 the standards of 25 U.S.C. 1901 - 1963 (Indian Child Welfare Act of 1978); 05 (37) "remedial services and rehabilitative programs" means family 06 support services and activities provided to assist a parent or guardian in developing the 07 skills and resources necessary to prevent removal of a child from the home or to 08 facilitate the safe return of the child to the home. 09 * Sec. 30. AS 47.14.100(r) is amended to read: 10 (r) The department shall make active [REASONABLE] efforts to place 11 siblings in the same placement if the siblings are residing in the same home when 12 taken into the custody of the department. If siblings are not placed together after 13 active [REASONABLE] efforts have been made, the case supervisor for the division 14 with responsibility over the custody of children shall document in the file the efforts 15 that were made and the reason separating the siblings for placement purposes is in the 16 best interest of the children. In this subsection, "sibling" means two or more persons 17 who are related by blood, adoption, or marriage as a child of one or both parents. 18 * Sec. 31. AS 47.17.290(3) is amended to read: 19 (3) "child abuse or neglect" means the physical injury, damage, or 20 harm, or neglect, emotional damage, or harm [MENTAL INJURY], sexual abuse, 21 sexual exploitation, or maltreatment of a child under the age of 18 by a person under 22 circumstances that indicate that the child's health or welfare is harmed or threatened 23 thereby [; IN THIS PARAGRAPH, "MENTAL INJURY" MEANS AN INJURY TO 24 THE EMOTIONAL WELL-BEING, OR INTELLECTUAL OR PSYCHOLOGICAL 25 CAPACITY OF A CHILD, AS EVIDENCED BY AN OBSERVABLE AND 26 SUBSTANTIAL IMPAIRMENT IN THE CHILD'S ABILITY TO FUNCTION]; 27 * Sec. 32. The uncodified law of the State of Alaska is amended by adding a new section to 28 read: 29 DIRECT COURT RULE AMENDMENT. Rule 6(a), Alaska Child in Need of 30 Aid Rules of Procedure, is amended to read: 31 (a) Emergency Custody Without Court Order. The Department may take

01 emergency custody of a child pursuant to AS 47.10.142 without a court order. If the 02 Department does not release the child to the child's parent or guardian within 24 03 hours after taking the child into custody [DETERMINES THAT CONTINUED 04 CUSTODY IS NECESSARY TO PROTECT THE CHILD], the Department shall 05 notify the court of the emergency custody by filing, within 24 hours after custody was 06 assumed, a petition alleging that the child is a child in need of aid and that continued 07 custody by the Department and placement of the child outside the child's home is 08 necessary either (1) to prevent imminent physical damage or harm to the child, 09 or (2) because the child would likely suffer serious emotional or physical damage 10 if returned to the parent or guardian. If the Department releases the child within 24 11 hours after taking the child into custody and does not file a petition, the Department 12 shall, within 24 hours after releasing the child, file with the court a report explaining 13 why the child was taken into custody, why the child was released, and to whom the 14 child was released. 15 * Sec. 33. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 DIRECT COURT RULE AMENDMENT. Rule 6(b)(2), Alaska Child in Need 18 of Aid Rules of Procedure, is amended to read: 19 (2) Form, Contents of Motion. The petition must be supported by a 20 statement of facts sufficient to show that the child is a child in need of aid [AND IS] in 21 a condition that [WHICH] requires the immediate assumption of custody pursuant to 22 AS 47.10.142 and that removal of the child from the home is either (A) necessary, 23 by a preponderance of the evidence, to prevent imminent physical damage or 24 harm to the child, or (B) necessary, by clear and convincing evidence, including 25 the testimony of a qualified expert witness, because the child would likely suffer 26 serious emotional or physical damage if left with the parent or guardian. If a child 27 is believed to be an Indian child, the statement of facts must show the tribal affiliation 28 of the child, if known [, AND MUST BE SUFFICIENT TO SHOW THAT 29 REMOVAL OF THE CHILD FROM THE HOME IS NECESSARY TO PREVENT 30 IMMINENT PHYSICAL DAMAGE OR HARM TO THE CHILD]. The statement of 31 facts must be made under oath, either in a petition, by affidavit, or orally on the

01 record. 02 * Sec. 34. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 DIRECT COURT RULE AMENDMENT. Rule 6(b)(3), Alaska Child in Need 05 of Aid Rules of Procedure, is amended to read: 06 (3) Order. If the court determines that there is probable cause to 07 believe that the child is a child in need of aid and is in such condition or surroundings 08 that [THE CHILD'S WELFARE] requires the immediate assumption of custody 09 under AS 47.10.142 and the court determines either (A) by a preponderance of 10 the evidence, that removal of the child from the home is necessary to prevent 11 imminent physical damage or harm to the child, or (B) by clear and convincing 12 evidence, including the testimony of a qualified expert witness, that the child 13 would likely suffer serious emotional or physical damage if left with the child's 14 parent or guardian, the court may immediately issue an emergency custody order. 15 [IN A CASE INVOLVING AN INDIAN CHILD, THE COURT MAY NOT ORDER 16 EMERGENCY REMOVAL UNLESS IT FINDS THAT REMOVAL IS 17 NECESSARY TO PREVENT IMMINENT PHYSICAL DAMAGE OR HARM TO 18 THE CHILD.] The order must be directed to a peace officer or other person 19 specifically designated by the court, and shall require that the child be taken into 20 custody immediately. 21 * Sec. 35. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 DIRECT COURT RULE AMENDMENT. Rule 10(c)(2), Alaska Child in 24 Need of Aid Rules of Procedure, is amended to read: 25 (2) The court shall order the child committed to [PLACED IN] the 26 temporary custody of the Department with placement in the home or order the child 27 returned to the home with supervision by the Department if the court finds probable 28 cause to believe that the child is a child in need of aid under AS 47.10.011 but does 29 not find either (A) by a preponderance of the evidence, that removal of the child 30 from the home is necessary to prevent imminent physical damage or harm to the 31 child, or (B) by clear and convincing evidence, including the testimony of a

01 qualified expert witness, that the child would likely suffer serious emotional or 02 physical damage if left with the child's parent or guardian. 03 * Sec. 36. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 DIRECT COURT RULE AMENDMENT. Rule 10(c)(3), Alaska Child in 06 Need of Aid Rules of Procedure, is amended to read: 07 (3) The court may approve the removal of the child from the child's 08 home only if the court finds one of the following [THAT CONTINUED 09 PLACEMENT IN THE HOME IS CONTRARY TO THE WELFARE OF THE 10 CHILD; AND, IN CASES INVOLVING AN INDIAN CHILD, EITHER]: (A) that 11 there is a preponderance of the evidence that removal from the child's parent or 12 Indian custodian is necessary to prevent imminent physical damage or harm to the 13 child; or (B) that there is clear and convincing evidence, including testimony of a 14 qualified expert witness [WITNESSES], that the child is likely to suffer serious 15 emotional or physical damage if left in the custody of the parent or Indian custodian. 16 * Sec. 37. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 DIRECT COURT RULE AMENDMENT. Rule 10(e)(2), Alaska Child in 19 Need of Aid Rules of Procedure, is amended to read: 20 (2) When a party seeks the return of a child to the child's home 21 pending adjudication or disposition, if the party makes a prima facie showing that 22 removal is no longer necessary, the burden of proof shifts to the Department. The [AS 23 DESCRIBED BELOW: 24 (A) IN CASES INVOLVING A NON-INDIAN CHILD, THE 25 COURT SHALL RETURN THE CHILD TO THE HOME UNLESS THE 26 DEPARTMENT PROVES BY A PREPONDERANCE OF THE EVIDENCE 27 THAT RETURN TO THE HOME IS CONTRARY TO THE WELFARE OF 28 THE CHILD; 29 (B) IN CASES INVOLVING AN INDIAN CHILD, THE] 30 court shall restore the child to the child's parent or Indian custodian unless the 31 Department proves

01 (A) [(i)] by a preponderance of the evidence that removal from 02 the parent or Indian custodian is still necessary to prevent imminent physical 03 damage or harm to the child; or 04 (B) [(ii)] by clear and convincing evidence, including the 05 testimony of a qualified expert witness [WITNESSES], that the child is likely 06 to suffer serious emotional or physical damage if returned to the custody of the 07 parent or Indian custodian. 08 * Sec. 38. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 DIRECT COURT RULE AMENDMENT. Rule 10.1, Alaska Child in Need of 11 Aid Rules of Procedure, is repealed and reenacted to read: 12 Rule 10.1. Out-of-Home Placement - Required Findings. 13 (1) Findings. 14 (A) If the Department has taken emergency custody of a child 15 under AS 47.10.142, the court shall inquire into and determine at the 16 temporary custody hearing whether the Department has made active efforts to 17 provide remedial services and rehabilitative programs as required by 18 AS 47.10.086(a) or 25 U.S.C. 1912(d) to prevent out-of-home placement. 19 (B) At any other hearing at which the court is ordering a child's 20 removal from the home, the court shall inquire into and determine whether 21 (i) the Department has made active efforts to provide 22 remedial services and rehabilitative programs as required by 23 AS 47.10.086(a) or 25 U.S.C. 1912(d) to prevent out-of-home 24 placement, unless the court has previously determined under Rule 17.1 25 that active efforts are not required; and 26 (ii) whether the Department has complied with the 27 placement requirements of AS 47.14.100 or 25 U.S.C. 1915(b). 28 (C) At each hearing at which the court is continuing a previous 29 order authorizing removal of a child, the court shall inquire into and determine 30 whether 31 (i) the Department has made active efforts to provide

01 remedial services and rehabilitative programs since the last hearing as 02 required by AS 47.10.086(a) or 25 U.S.C. 1912(d) to permit the child's 03 return to the home, unless the court has previously determined under 04 Rule 17.1 that active efforts are not required; and 05 (ii) whether the Department has complied with the 06 placement requirements of AS 47.14.100 or 25 U.S.C. 1915(b). 07 (2) Effect of a Finding that Department Failed to Make Active Efforts. 08 A finding that the Department has failed to make active efforts is not in itself a ground 09 for returning the child to the home or dismissing a petition and does not affect the 10 court's ability to proceed to adjudication. However, the court cannot enter a disposition 11 order if the court finds that the Department has failed to make active efforts, unless the 12 court has determined under Rule 17.1 that active efforts are not required. If the 13 Department has failed to make required active efforts, the court must postpone 14 disposition until the court finds that active efforts have been made. On motion of a 15 party or on its own motion, the court may order the Department to comply with 16 AS 47.10.086(a) or 25 U.S.C. 1912(d) within a reasonable time. If the Department 17 fails to comply with the order, the court may impose appropriate sanctions. 18 * Sec. 39. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 DIRECT COURT RULE AMENDMENT. Rule 15(f)(2), Alaska Child in 21 Need of Aid Rules of Procedure, is amended to read: 22 (2) If the court approves the child's removal, the court shall make the 23 inquiry and findings required by CINA Rule 10.1. A finding that the Department has 24 failed to make active [REASONABLE] efforts [,] or [, IN CASES INVOLVING AN 25 INDIAN CHILD,] that the requirements of AS 47.14.100(e) or 25 U.S.C. 1912(d) or 26 1915(b) have not been met [,] is not in itself a ground for returning the child to the 27 home and does not affect the court's ability to enter an adjudication order and extend 28 temporary custody pending adjudication. 29 * Sec. 40. The uncodified law of the State of Alaska is amended by adding a new section to 30 read: 31 DIRECT COURT RULE AMENDMENT. Rule 17(c), Alaska Child in Need

01 of Aid Rules of Procedure, is amended to read: 02 (c) Requirements for Disposition. A disposition hearing may not be held 03 before adequate information is available upon which to enter an informed disposition 04 order. If the child has been placed outside the home, the court cannot enter a 05 disposition order if the court finds [(1) IN CASES INVOLVING A NON-INDIAN 06 CHILD,] that the Department has failed to make active [REASONABLE] efforts as 07 required by AS 47.10.086(a) or 25 U.S.C. 1912(d) to permit the child's return to the 08 home, unless the court has determined under Rule 17.1 that active [REASONABLE] 09 efforts are not required [; OR (2) IN CASES INVOLVING AN INDIAN CHILD, 10 THAT THE REQUIREMENTS OF 25 U.S.C. 1912(d) (ACTIVE EFFORTS) HAVE 11 NOT BEEN MET]. If the court finds that the Department has failed to make required 12 active [REASONABLE] efforts [OR THAT THE REQUIREMENTS OF 25 U.S.C. 13 1912(d) HAVE NOT BEEN MET], the court must postpone entering a disposition 14 order until the court finds that [REASONABLE EFFORTS OR] active efforts have 15 been made. The child should remain in temporary custody pending disposition. 16 * Sec. 41. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 DIRECT COURT RULE AMENDMENT. Rule 17(d)(2), Alaska Child in 19 Need of Aid Rules of Procedure, is amended to read: 20 (2) The court may approve the removal of the child from the child's 21 home only if the court finds that there is clear and convincing evidence, including 22 testimony of a qualified expert witness, that continued placement in the home [IS 23 CONTRARY TO THE WELFARE OF THE CHILD; AND, IN CASES INVOLVING 24 AN INDIAN CHILD, THAT THERE IS CLEAR AND CONVINCING EVIDENCE, 25 INCLUDING THE TESTIMONY OF QUALIFIED EXPERT WITNESSES, THAT 26 CUSTODY OF THE INDIAN CHILD BY THE PARENT OR INDIAN 27 CUSTODIAN] is likely to result in serious emotional or physical damage to the child. 28 * Sec. 42. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 DIRECT COURT RULE AMENDMENT. Rule 17.1(b), Alaska Child in Need 31 of Aid Rules of Procedure, is amended to read:

01 (b) Proceeding to Determine that Active [REASONABLE] Efforts May 02 Be Discontinued. At the permanency hearing required under AS 47.10.080(l), the 03 court may find that a continuation of active [REASONABLE] efforts is not in the best 04 interests of the child under AS 47.10.086(b). Any party recommending such a finding 05 must include that recommendation, specifying the factual basis for it, in its report for 06 permanency hearing required by CINA Rule 17.2(c) or in a separate motion. 07 * Sec. 43. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 DIRECT COURT RULE AMENDMENT. Rule 17.1(d)(3), Alaska Child in 10 Need of Aid Rules of Procedure, is amended to read: 11 (3) Child's Best Interests. In determining whether active 12 [REASONABLE] efforts are required, the court's primary consideration is the child's 13 best interests. 14 * Sec. 44. The uncodified law of the State of Alaska is amended by adding a new section to 15 read: 16 DIRECT COURT RULE AMENDMENT. Rule 17.2(a), Alaska Child in Need 17 of Aid Rules of Procedure, is amended to read: 18 (a) Purpose and Timing of the Hearing. The purpose of the permanency 19 hearing is to establish a permanency plan for each child committed to state custody 20 under AS 47.10.080(c)(1) and to ensure that findings with respect to the plan are made 21 as required by state and federal laws. The permanency hearing must be held: (1) 22 within 12 months after the date the child entered foster care as calculated under 23 AS 47.10.088(f); (2) within 30 days after the court determines pursuant to CINA Rule 24 17.1 that active [REASONABLE] efforts are not required; [OR] (3) upon application 25 by a party, when good cause is shown; or (4) within 30 days after a child is placed 26 in the temporary custody of the Department under CINA Rule 10 and 27 AS 47.10.142. 28 * Sec. 45. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 DIRECT COURT RULE AMENDMENT. Rule 17.2(e), Alaska Child in Need 31 of Aid Rules of Procedure, is amended to read:

01 (e) Findings. The court shall make written findings, including findings related 02 to 03 (1) whether the child continues to be a child in need of aid; 04 (2) whether returning the child to the custody of the child's parent 05 or guardian is likely to result in serious emotional or physical damage to the child 06 [SHOULD BE RETURNED TO THE PARENT OR GUARDIAN, AND WHEN]; 07 (3) whether the child should be placed for adoption or legal 08 guardianship and whether the Department is in compliance with AS 47.10.088(d) 09 relating to the filing of a petition for termination of parental rights; 10 (4) whether there is compelling reason that the most appropriate 11 placement for the child is in another planned, permanent living arrangement and the 12 department has recommended the arrangement under AS 47.14.100(o) 13 [AS 47.14.100(p)]; the findings under this subsection must include the steps that are 14 necessary to achieve the new arrangement; and 15 (5) in the case of a child who has attained age 16, the services needed 16 to assist the child to make the transition from foster care to independent living or adult 17 protective services. 18 If the court is unable to make a finding required under this subsection, the court shall 19 schedule and hold another permanency hearing within a reasonable period of time as defined 20 in AS 47.10.990(23). 21 * Sec. 46. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 DIRECT COURT RULE AMENDMENT. Rule 17.2(f), Alaska Child in Need 24 of Aid Rules of Procedure, is amended to read: 25 (f) Additional Findings. In addition to the findings required under subsection 26 (e), the court shall also make written findings related to 27 (1) whether the Department has made active [REASONABLE] efforts 28 to provide remedial and rehabilitative services required under AS 47.10.086 or [, 29 IN THE CASE OF AN INDIAN CHILD, WHETHER THE DEPARTMENT HAS 30 MADE ACTIVE EFFORTS TO PROVIDE REMEDIAL SERVICES AND 31 REHABILITATIVE PROGRAMS AS REQUIRED BY] 25 U.S.C. Sec. 1912(d);

01 (2) whether the parent or guardian has made substantial progress to 02 remedy the parent's or guardian's conduct or conditions in the home that made the 03 child a child in need of aid; 04 (3) if the permanency plan is for the child to remain in out-of-home 05 care, whether returning the child to the custody of the child's parent or guardian 06 is likely to result in serious emotional or physical damage to the child [THE 07 CHILD'S OUT-OF-HOME PLACEMENT CONTINUES TO BE APPROPRIATE 08 AND IN THE BEST INTERESTS OF THE CHILD]; and 09 (4) whether the Department has made active [REASONABLE] efforts 10 to finalize the permanency plan that is in effect (whether the plan is reunification, 11 adoption, legal guardianship, placement with a fit and willing relative, or placement in 12 another planned permanent living arrangement). 13 * Sec. 47. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 DIRECT COURT RULE AMENDMENT. Rule 17.3, Alaska Child in Need of 16 Aid Rules of Procedure, is amended to read: 17 Rule 17.3. Petition or proxy for adoption or legal guardianship of a child 18 under AS 47.10.111. (a) A petitioner may file a petition for adoption or legal 19 guardianship of a child who is the subject of a pending child-in-need-of-aid 20 proceeding under AS 47.10 as part of the same case. If a petitioner files a petition for 21 adoption or legal guardianship of a child before the court approves adoption or legal 22 guardianship as the permanent plan for the child, the court shall hold the petition for 23 adoption or legal guardianship in abeyance until the court approves adoption or legal 24 guardianship as the permanent plan for the child under Rule 17.2 and AS 47.10.080(l). 25 If the child is in an out-of-home placement but is not placed with the petitioner at the 26 time the petition is filed, the court shall hold a hearing within 90 days to review the 27 permanent plan required under AS 47.10.111(c). At the hearing, the court shall, in 28 addition to the findings required under Rule 17.2 and AS 47.10.080(l), make findings 29 related to whether the petitioner is entitled to placement preference under 30 AS 47.14.100(e) or 25 U.S.C. 1915(a), whichever is applicable, and [. IF 25 U.S.C. 31 1915(a) APPLIES, THE COURT] shall make written findings related to whether the

01 current placement is in compliance with or whether there is good cause to deviate 02 from the placement preferences. 03 (b) A person may file a proxy for a formal petition for adoption or legal 04 guardianship of a child who is the subject of a pending child-in-need-of-aid 05 proceeding under AS 47.10 as part of the same case. If a person files a proxy for a 06 formal petition for adoption or legal guardianship of a child who is in out-of-home 07 placement, and the child is not placed with the person who files the proxy at the time 08 the person files the proxy, the court shall hold a hearing within 90 days to review the 09 permanent plan for the child as required under AS 47.10.112(c). At the hearing, the 10 court shall, in addition to the findings required under Rule 17.2 and AS 47.10.080(l), 11 make findings related to whether the person who filed the proxy is entitled to 12 placement preference under AS 47.14.100(e) or 25 U.S.C. 1915(a), whichever is 13 applicable, and [, IF 25 U.S.C. 1915(a) APPLIES,] whether the current placement is in 14 compliance with or whether there is good cause to deviate from the placement 15 preferences. 16 * Sec. 48. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 DIRECT COURT RULE AMENDMENT. Rule 18(c), Alaska Child in Need 19 of Aid Rules of Procedure, is amended to read: 20 (c) Burden of Proof. Before the court may terminate parental rights, the 21 Department must prove: 22 (1) by clear and convincing evidence that 23 (A) the child has been subjected to conduct or conditions 24 described in AS 47.10.011 and 25 (i) the parent has not remedied the conduct or 26 conditions in the home that place the child at serious 27 [SUBSTANTIAL] risk of damage or harm; or 28 (ii) the parent has failed, within a reasonable time, to 29 remedy the conduct or conditions in the home that place the child in 30 serious [SUBSTANTIAL] risk so that returning the child to the parent 31 would place the child at serious [SUBSTANTIAL] risk of emotional

01 or physical damage [OR MENTAL INJURY]; or 02 (B) a parent is incarcerated and the requirements of 03 AS 47.10.080(o) are met; and 04 (2) by clear and convincing evidence that 05 [(A) THE DEPARTMENT HAS COMPLIED WITH THE 06 PROVISIONS OF AS 47.10.086 CONCERNING REASONABLE EFFORTS; 07 OR 08 (B) IN THE CASE OF AN INDIAN CHILD, THAT] active 09 efforts have been made to provide remedial services and rehabilitative 10 programs designed to prevent the removal of the child from the child's home 11 [BREAKUP OF THE INDIAN FAMILY] and that these efforts have proved 12 unsuccessful; and 13 (3) by a preponderance of the evidence that termination of parental 14 rights is in the best interests of the child; and 15 (4) [IN THE CASE OF AN INDIAN CHILD,] by evidence beyond a 16 reasonable doubt, including the testimony of a qualified expert witness 17 [WITNESSES], that continued custody of the child by the parent or Indian custodian 18 is likely to result in serious emotional or physical damage to the child. 19 * Sec. 49. The uncodified law of the State of Alaska is amended by adding a new section to 20 read: 21 DIRECT COURT RULE AMENDMENT. Rule 19.1(c), Alaska Child in Need 22 of Aid Rules of Procedure, is amended to read: 23 (c) Disposition Order. Pursuant to AS 47.10.100(a), the court may review a 24 disposition order upon motion of a party or on its own motion. When a party seeks the 25 return of a child to the child's home, if the party makes a prima facie showing that 26 removal is no longer necessary, the burden of proof shifts to the Department. The [AS 27 DESCRIBED BELOW: 28 (A) IN CASES INVOLVING A NON-INDIAN CHILD, THE 29 COURT SHALL RETURN THE CHILD TO THE HOME UNLESS THE 30 DEPARTMENT PROVES BY A PREPONDERANCE OF THE EVIDENCE 31 THAT RETURN TO THE HOME IS CONTRARY TO THE WELFARE OF

01 THE CHILD; 02 (B) IN CASES INVOLVING AN INDIAN CHILD, THE] 03 court shall restore the child to the child's parent or Indian custodian unless the 04 Department proves by clear and convincing evidence, including the testimony 05 of a qualified expert witness [WITNESSES], that the child is likely to suffer 06 serious emotional or physical damage if returned to the custody of the parent or 07 Indian custodian. 08 * Sec. 50. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 REPEAL OF COURT RULES. Rule 17.1(a), 17.1(c), and 17.1(d)(2), Alaska Child in 11 Need of Aid Rules of Procedure, are repealed. 12 * Sec. 51. AS 47.10.086(c), 47.10.086(g), 47.10.088(e), 47.10.990(11), 47.10.990(21), 13 47.10.990(27), and 47.10.990(30) are repealed. 14 * Sec. 52. The uncodified law of the State of Alaska is amended by adding a new section to 15 read: 16 TWO-THIRDS VOTE NOT REQUIRED. Because the provisions of Rules 6(a), 17 6(b)(2) and (3), 10(c)(2) and (3), 10(e)(2), 10.1, 15(f)(2), 17(c), 17(d)(2), 17.1(a), 17.1(b), 18 17.1(c), 17.1(d)(2) and (3), 17.2(a), 17.3, and 18(c), Alaska Child in Need of Aid Rules of 19 Procedure, that are affected by the provisions of this Act were adopted under the Alaska 20 Supreme Court's interpretive authority exercised under art. IV, sec. 1, Constitution of the 21 State of Alaska, secs. 32 - 45, 47, 48, and 50 of this Act take effect even if secs. 32 - 45, 47, 22 48, and 50 of this Act do not receive the two-thirds majority vote normally applicable to 23 changing court rules under art. IV, sec. 15, Constitution of the State of Alaska. 24 * Sec. 53. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 APPLICABILITY. This Act applies to child-in-need-of-aid petitions filed or pending 27 on or after the effective date of this Act. 28 * Sec. 54. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 CONDITIONAL EFFECT. AS 47.10.080(l), as amended by sec. 9 of this Act, 31 AS 47.10.081(b), as amended by sec. 12 of this Act, and AS 47.10.142(d), as amended by sec.

01 24 of this Act, take effect only if secs. 9, 12, and 24 of this Act receive the two-thirds majority 02 vote of each house required by art. IV, sec. 15, Constitution of the State of Alaska.