CSSB 181(HSS): "An Act relating to placement of a child in need of aid; relating to adoption; relating to variances for foster care licenses; and providing for an effective date."
00 CS FOR SENATE BILL NO. 181(HSS) 01 "An Act relating to placement of a child in need of aid; relating to adoption; relating to 02 variances for foster care licenses; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 47.10.080(s) is amended to read: 05 (s) The department may transfer a child, in the child's best interests, from one 06 placement setting to another, and the child, the child's parents or guardian, the child's 07 foster parents or out-of-home caregiver, the child's guardian ad litem, the child's 08 attorney, and the child's tribe are entitled to advance notice of a nonemergency 09 transfer. A party or child's foster parent who is opposed to the proposed transfer may 10 request a hearing and must prove by clear and convincing evidence that the transfer 11 would be contrary to the best interests of the child for the court to deny the transfer. A 12 foster parent who requests a hearing to oppose a proposed transfer under this 13 subsection does not become a party to the case. A foster parent or out-of-home 14 caregiver who requests a nonemergency change in placement of the child shall provide
01 the department with reasonable advance notice of the requested change. When the 02 department transfers a child from one out-of-home placement to another, the 03 department shall search as provided under AS 47.10.145 for an appropriate 04 placement with an adult family member or a family friend who meets the foster care 05 licensing requirements established by the department. A supervisor at the department 06 shall certify in writing in the case file whether the department has searched for an 07 appropriate placement with an adult family member or family friend. If the department 08 has not complied with the search requirements under this subsection, the supervisor 09 shall work to ensure that the department completes the search in the shortest time 10 feasible. 11 * Sec. 2. AS 47.10.088(i) is amended to read: 12 (i) The department shall concurrently identify, recruit, process, and approve a 13 qualified person or family for an adoption whenever a petition to terminate a parent's 14 rights to a child is filed. Before identifying a placement of the child in an adoptive 15 home, the department shall [ATTEMPT TO] locate any [ALL] living adult family 16 members of the child through a diligent search for adult family members as 17 described in AS 47.10.145 and, if an adult family member expresses an interest in 18 adopting the child, investigate the adult family member's ability to care for the child. 19 The department shall provide to all adult family members of the child located by the 20 department written notice of the adult family members' rights under this chapter and of 21 the procedures necessary to gain custody of the child, but the department's obligation 22 to provide written notice under this subsection does not apply to a parent of the child 23 whose parental rights are being or have been terminated or to an adult family member 24 who is known by the department to be ineligible for a foster care license under 25 AS 47.32 and regulations adopted under AS 47.32. If an adult family member of the 26 child requests that the department approve the adult family member for an adoption, 27 the department shall approve the request if it is in the best interests of the child. In 28 determining the best interests of the child under this subsection, the department 29 shall consider the child's physical and psychological well-being. In determining 30 the best interests of a child under six years of age, the department shall consider 31 whether the child has resided for at least 12 consecutive months with a foster
01 family seeking adoption and whether an adult family member seeking adoption 02 has previously demonstrated an intent or desire to be considered for placement 03 for the child [UNLESS THERE IS GOOD CAUSE NOT TO APPROVE THE 04 ADOPTION]. If the court issues an order to terminate under (j) of this section, the 05 department shall report within 30 days on the efforts being made to recruit a 06 permanent placement for the child if a permanent placement was not approved at the 07 time of the trial under (j) of this section. The report must document recruitment efforts 08 made for the child. 09 * Sec. 3. AS 47.10.142(i) is amended to read: 10 (i) When the department takes emergency custody of a child under this section 11 or a court orders a child committed to the department for temporary placement under 12 this section, the department shall, to the extent feasible and consistent with the best 13 interests of the child, place the child according to the criteria specified under 14 AS 47.14.100(e). A supervisor at the department shall certify in writing in the case file 15 whether the department has conducted a diligent search as described in 16 AS 47.10.145 [SEARCHED] for an appropriate placement with an adult family 17 member or family friend. If the department has not complied with the search 18 requirements under this subsection, the supervisor shall work to ensure that the 19 department completes the search in the shortest time feasible if it is consistent with the 20 best interests of the child. 21 * Sec. 4. AS 47.10 is amended by adding a new section to read: 22 Sec. 47.10.145. Diligent search. (a) Within 30 days after removing a child 23 from a parent's home under AS 47.14.100(e), taking emergency custody of a child, or 24 receiving a court order committing a child to the department for temporary placement 25 under AS 47.10.142, the department shall conduct a diligent search for an adult family 26 member or family friend of the child suitable for placement. In conducting the diligent 27 search, the department shall 28 (1) interview 29 (A) the child's parent during the course of an investigation 30 while department services are provided and the child is in the care of the 31 department;
01 (B) the child; 02 (C) relatives of the child identified during the case; and 03 (D) any other person who is likely to have information about 04 the identity or location of adult family members or family friends; 05 (2) conduct comprehensive searches of databases and other resources 06 available to the department likely to identify and locate adult family members or 07 family friends; and 08 (3) conduct any other reasonable investigation that is likely to identify 09 adult family members or family friends who are appropriate for placement. 10 (b) The department shall provide all adult family members of the child 11 identified in the diligent search, subject to exceptions for family with domestic 12 violence or other safety concerns as determined by the department, a notice 13 (1) stating the child has been or is being removed from parental 14 custody; 15 (2) explaining the options that the family member has to participate in 16 the care and placement of the child and the results of failing to respond to the notice; 17 (3) describing the process for becoming a licensed foster home and the 18 additional services and supports available for children placed in approved foster 19 homes; and 20 (4) describing any financial assistance for which a family member may 21 be eligible upon obtaining custody of the child. 22 (c) The department shall report to the court in writing regarding the actions 23 taken by the department under (a)(1) - (3) of this section at any scheduled disposition, 24 case review, or permanency hearing or as otherwise required by the court. 25 (d) The department shall continue to diligently search for adult family 26 members or family friends suitable for placement of the child until the court orders 27 that the department is excused from conducting a diligent search or the department 28 finalizes the permanent placement of the child. The court may excuse the department 29 from considering an adult family member for placement of a child if the adult family 30 member does not demonstrate an interest in and willingness to be considered for 31 placement of the child within 90 days from the date of receiving the required notice
01 under (b) of this section. 02 * Sec. 5. AS 47.14.100(e) is amended to read: 03 (e) When a child is removed from a parent's home, the department shall search 04 for an appropriate placement as provided under AS 47.10.145 [WITH AN ADULT 05 FAMILY MEMBER OR FAMILY FRIEND. A SUPERVISOR AT THE 06 DEPARTMENT SHALL CERTIFY IN WRITING IN THE CASE FILE WHETHER 07 THE DEPARTMENT HAS SEARCHED FOR AN APPROPRIATE PLACEMENT 08 WITH AN ADULT FAMILY MEMBER OR FAMILY FRIEND]. If the department 09 has not complied with the search requirements [UNDER THIS SUBSECTION], the 10 supervisor shall work to ensure that the department completes the search in the 11 shortest time feasible. The department shall place the child, in the absence of clear and 12 convincing evidence of good cause to the contrary, 13 (1) in the least restrictive setting that most closely approximates a 14 family and that meets the child's special needs, if any; 15 (2) within reasonable proximity to the child's home, taking into 16 account any special needs of the child and the preferences of the child or parent; 17 (3) with, in the following order of preference, 18 (A) an adult family member, or, if the child is under six years 19 of age and it is in the best interests of the child, a licensed foster home that 20 has provided at least 12 consecutive months of care to the child; 21 (B) a family friend who meets the foster care licensing 22 requirements established by the department; 23 (C) a licensed foster home that is not an adult family member 24 or family friend; 25 (D) an institution for children that has a program suitable to 26 meet the child's needs. 27 * Sec. 6. AS 47.14.100(m) is amended to read: 28 (m) Prima facie evidence of good cause not to place a child with an adult 29 family member or family friend under AS 47.10.088(i) or under (e) of this section 30 includes the failure to meet the requirements for a foster care license under AS 47.32 31 and regulations adopted under AS 47.32, taking into account a waiver, variance, or
01 exemption allowed under AS 47.32.030(a)(3) and 47.32.032. Prima facie evidence of 02 good cause not to place a child, or that it is not in the best interests of a child to 03 place the child, with an adult family member or adult family friend does not include 04 poverty or inadequate or crowded housing. If the department denies a request for 05 placement with an adult family member or a family friend, the department shall 06 inform the adult family member or family friend of the basis for the denial and the 07 right to request a hearing to review the decision. A non-party [ADULT FAMILY 08 MEMBER OR FAMILY FRIEND] requesting a review hearing under 09 AS 47.10.080(s), 47.10.088(i), [AS 47.10.088(i)] or [UNDER] (e) of this section is not 10 eligible for publicly appointed legal counsel. 11 * Sec. 7. AS 47.32.032 is amended by adding new subsections to read: 12 (d) The department shall assist an adult family member or family friend in 13 gathering the information necessary to submit a request for a variance under this 14 section. 15 (e) In this section, "department" means the Department of Family and 16 Community Services. 17 * Sec. 8. This Act takes effect January 1, 2025.