HB 191: "An Act relating to church attendance of a child who is in state custody."
00 HOUSE BILL NO. 191 01 "An Act relating to church attendance of a child who is in state custody." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 47.10.080(q) is amended to read: 04 (q) If the court orders a child committed to the department under (c) of this 05 section and the department places the child in licensed foster care, the department 06 shall 07 (1) provide the foster parent with a copy of 08 (A) appropriate information held by the department regarding 09 the child to the extent required by AS 47.12.310(b)(2)(H); 10 (B) all initial, updated, and revised case service plans for the 11 child, court orders relating to the child, and the child's medical, mental, and 12 education reports prepared by or for the department, including reports 13 compiled before the child was placed with the foster parent; and 14 (C) supplements to the plans, orders, and reports described in 15 (B) of this paragraph;
01 (2) require the foster parent to 02 (A) maintain and update records regarding medical, mental, 03 educational, and behavioral services provided to the child; 04 (B) provide all records described in (A) of this paragraph to the 05 department when the child leaves the foster home placement; and 06 (C) maintain the confidentiality of records regarding a child 07 placed in the foster home except when disclosure of the records is allowed 08 under regulations of the department or when disclosure is reasonably necessary 09 to ensure continuation of care for the child through appropriate medical, 10 mental, educational, and behavioral services; 11 (3) work with the foster parent to ensure the child is permitted to 12 attend the child's current church if the child attends church. 13 * Sec. 2. AS 47.10.080(r) is amended to read: 14 (r) If the court orders a child committed to the department under (c) of this 15 section, the court shall order the child's parent or guardian to provide the department 16 with 17 (1) the names, addresses, and telephone numbers of all of the child's 18 medical providers; 19 (2) the names, addresses, and telephone numbers of mental health 20 providers that have provided services to the child; 21 (3) the names, addresses, and telephone numbers of schools, 22 preschools, or day care facilities that the child was attending before the child was 23 committed to the department; 24 (4) a description of special needs of the child, if any; [AND] 25 (5) the names and locations of relatives who may be willing to have 26 the child placed in their home; and 27 (6) the names, addresses, and telephone numbers of churches that 28 the child was attending before the child was committed to the department. 29 * Sec. 3. AS 47.10.080(x) is amended to read: 30 (x) In any team-decision meeting the department holds to address the potential 31 or actual transfer of a child from one placement setting to another, the department
01 shall ask the participants for input regarding whether it is in the child's best interest 02 (1) for the child to remain in the child's current school for the 03 remainder of the school term; and 04 (2) if the child attends church, for the child to remain in the child's 05 current church. 06 * Sec. 4. AS 47.10.080(y) is amended to read: 07 (y) If the department transfers a child from one placement setting to another 08 and it is reasonable and in the child's best [EDUCATIONAL] interests, the department 09 shall immediately, and in advance of the transfer if possible, 10 (1) coordinate with the school the child is attending to ensure the child 11 is permitted to attend that school through the end of the school term if the child's new 12 placement is in the same municipality and connected by road to the school; if [. IF] 13 federal funds and school district transportation funds are not available to pay for the 14 cost of transportation for the child, the department shall pay the costs of transporting 15 the child to school; the [. THE] department shall work with the family or agency 16 where the child is placed to arrange for transportation; the [. THE] department shall 17 consult with the school district regarding the child's best interests, but the school 18 district may not override the department's decision to allow a child to remain in the 19 current school through the end of the school term; and 20 (2) work with the family or agency where the child is placed to 21 ensure the child is permitted to attend the child's current church if the child 22 attends church and if the child's new placement is in the same municipality and 23 connected by road to the church. 24 * Sec. 5. AS 47.10.084(d) is amended to read: 25 (d) When the child is placed in foster care, the foster parent has the right and 26 responsibility to use a reasonable and prudent parent standard to make decisions 27 relating to the child. Subject to AS 47.10.080(q) and (y), the [THE] foster parent 28 may make decisions under (a) or (b) of this section that include decisions relating to 29 the child's participation in age-appropriate or developmentally appropriate activities, 30 including travel, sports, field trips, overnight activities, and extracurricular, 31 enrichment, cultural, and social activities. The department shall provide foster parents
01 with training regarding the reasonable and prudent parent standard. In this subsection, 02 "reasonable and prudent parent standard" means a standard characterized by careful 03 and sensible decisions to maintain the health, safety, and best interests of the child 04 while encouraging the emotional and developmental growth of the child.