SB 88: "An Act relating to placement of a child in need of aid; relating to adoption; relating to variances for foster care licenses; relating to the medical records of children in foster care; and providing for an effective date."
00 SENATE BILL NO. 88 01 "An Act relating to placement of a child in need of aid; relating to adoption; relating to 02 variances for foster care licenses; relating to the medical records of children in foster 03 care; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 47.10.080(s) is amended to read: 06 (s) The department may transfer a child, in the child's best interests, from one 07 placement setting to another, and the child, the child's parents or guardian, the child's 08 foster parents or out-of-home caregiver, the child's guardian ad litem, the child's 09 attorney, and the child's tribe are entitled to advance notice of a nonemergency 10 transfer. A party or child's foster parent who is opposed to the proposed transfer may 11 request a hearing and must prove by clear and convincing evidence that the transfer 12 would be contrary to the best interests of the child for the court to deny the transfer. A 13 foster parent may obtain, at the foster parent's cost, a medical or psychological 14 evaluation of the child for the purpose of providing evidence at the hearing. A
01 foster parent who requests a hearing to oppose a proposed transfer under this 02 subsection does not become a party to the case. A foster parent or out-of-home 03 caregiver who requests a nonemergency change in placement of the child shall provide 04 the department with reasonable advance notice of the requested change. When the 05 department transfers a child from one out-of-home placement to another, the 06 department shall search as provided under AS 47.10.145 for an appropriate 07 placement with an adult family member or a family friend who meets the foster care 08 licensing requirements established by the department. A supervisor at the department 09 shall certify in writing in the case file whether the department has searched for an 10 appropriate placement with an adult family member or family friend. If the department 11 has not complied with the search requirements under this subsection, the supervisor 12 shall work to ensure that the department completes the search in the shortest time 13 feasible. 14 * Sec. 2. AS 47.10.084(d) is amended to read: 15 (d) When the child is placed in foster care, the foster parent has the right and 16 responsibility to use a reasonable and prudent parent standard to make decisions 17 relating to the child. The foster parent may make decisions under (a) or (b) of this 18 section that include decisions relating to the child's participation in age-appropriate or 19 developmentally appropriate activities, including travel, sports, field trips, overnight 20 activities, and extracurricular, enrichment, cultural, and social activities. A health 21 care provider subject to the provisions of the Health Insurance Portability and 22 Accountability Act of 1996 (P.L. 104-191) who provides services to a child in 23 foster care shall provide the medical records of the child to the child's foster 24 parent upon the request of the foster parent. The department shall provide foster 25 parents with training regarding the reasonable and prudent parent standard. In this 26 subsection, "reasonable and prudent parent standard" means a standard characterized 27 by careful and sensible decisions to maintain the health, safety, and best interests of 28 the child while encouraging the emotional and developmental growth of the child. 29 * Sec. 3. AS 47.10.088(i) is amended to read: 30 (i) The department shall concurrently identify, recruit, process, and approve a 31 qualified person or family for an adoption whenever a petition to terminate a parent's
01 rights to a child is filed. Before identifying a placement of the child in an adoptive 02 home, the department shall [ATTEMPT TO] locate any [ALL] living adult family 03 members of the child through a diligent search for adult family members as 04 described in AS 47.10.145 and, if an adult family member expresses an interest in 05 adopting the child, investigate the adult family member's ability to care for the child. 06 The department shall provide to all adult family members of the child located by the 07 department written notice of the adult family members' rights under this chapter and of 08 the procedures necessary to gain custody of the child, but the department's obligation 09 to provide written notice under this subsection does not apply to a parent of the child 10 whose parental rights are being or have been terminated or to an adult family member 11 who is known by the department to be ineligible for a foster care license under 12 AS 47.32 and regulations adopted under AS 47.32. If an adult family member of the 13 child requests that the department approve the adult family member for an adoption, 14 the department shall approve the request if it is in the best interests of the child. In 15 determining the best interests of the child under this subsection, the department 16 shall consider the child's physical and psychological well-being. In determining 17 the best interests of a child under six years of age, the department shall consider 18 whether the child has resided for at least 12 consecutive months with a foster 19 family seeking adoption and whether an adult family member seeking adoption 20 has previously demonstrated an intent or desire to be considered for placement 21 for the child [UNLESS THERE IS GOOD CAUSE NOT TO APPROVE THE 22 ADOPTION]. If the court issues an order to terminate under (j) of this section, the 23 department shall report within 30 days on the efforts being made to recruit a 24 permanent placement for the child if a permanent placement was not approved at the 25 time of the trial under (j) of this section. The report must document recruitment efforts 26 made for the child. 27 * Sec. 4. AS 47.10.142(i) is amended to read: 28 (i) When the department takes emergency custody of a child under this section 29 or a court orders a child committed to the department for temporary placement under 30 this section, the department shall, to the extent feasible and consistent with the best 31 interests of the child, place the child according to the criteria specified under
01 AS 47.14.100(e). A supervisor at the department shall certify in writing in the case file 02 whether the department has conducted a diligent search as described in 03 AS 47.10.145 [SEARCHED] for an appropriate placement with an adult family 04 member or family friend. If the department has not complied with the search 05 requirements under this subsection, the supervisor shall work to ensure that the 06 department completes the search in the shortest time feasible if it is consistent with the 07 best interests of the child. 08 * Sec. 5. AS 47.10 is amended by adding a new section to read: 09 Sec. 47.10.145. Diligent search. (a) Within 30 days after removing a child 10 from a parent's home under AS 47.14.100(e), taking emergency custody of a child, 11 receiving a court order committing a child to the department for temporary placement 12 under AS 47.10.142, or transferring a child from one placement setting to another 13 under AS 47.10.080(s), the department shall conduct a diligent search for an adult 14 family member or family friend of the child suitable for placement. In conducting the 15 diligent search, the department shall 16 (1) interview 17 (A) the child's parent during the course of an investigation 18 while department services are provided and the child is in the care of the 19 department; 20 (B) the child; 21 (C) relatives of the child identified during the case; and 22 (D) any other person who is likely to have information about 23 the identity or location of adult family members or family friends; 24 (2) conduct comprehensive searches of databases and other resources 25 available to the department likely to identify and locate adult family members or 26 family friends; and 27 (3) conduct any other reasonable investigation that is likely to identify 28 adult family members or family friends who are appropriate for placement. 29 (b) The department shall provide all adult family members of the child 30 identified in the diligent search, subject to exceptions for family with domestic 31 violence or other safety concerns as determined by the department, a notice
01 (1) stating the child has been or is being removed from parental 02 custody; 03 (2) explaining the options that the family member has to participate in 04 the care and placement of the child and the results of failing to respond to the notice; 05 (3) describing the process for becoming a licensed foster home and the 06 additional services and supports available for children placed in approved foster 07 homes; and 08 (4) describing any financial assistance for which a family member may 09 be eligible upon obtaining custody of the child. 10 (c) The department shall report to the court in writing regarding the actions 11 taken by the department under (a)(1) - (3) of this section at any scheduled disposition, 12 case review, or permanency hearing or as otherwise required by the court. 13 (d) The department shall continue to diligently search for adult family 14 members or family friends suitable for placement of the child until the court orders 15 that the department is excused from conducting a diligent search or the department 16 finalizes the permanent placement of the child. The court may excuse the department 17 from considering an adult family member for placement of a child if the adult family 18 member does not demonstrate an interest in and willingness to be considered for 19 placement of the child within 90 days from the date of receiving the required notice 20 under (b) of this section. 21 * Sec. 6. AS 47.14.100(e) is amended to read: 22 (e) When a child is removed from a parent's home, the department shall search 23 for an appropriate placement as provided under AS 47.10.145 [WITH AN ADULT 24 FAMILY MEMBER OR FAMILY FRIEND. A SUPERVISOR AT THE 25 DEPARTMENT SHALL CERTIFY IN WRITING IN THE CASE FILE WHETHER 26 THE DEPARTMENT HAS SEARCHED FOR AN APPROPRIATE PLACEMENT 27 WITH AN ADULT FAMILY MEMBER OR FAMILY FRIEND]. If the department 28 has not complied with the search requirements [UNDER THIS SUBSECTION], the 29 supervisor shall work to ensure that the department completes the search in the 30 shortest time feasible. The department shall place the child, in the absence of clear and 31 convincing evidence of good cause to the contrary,
01 (1) in the least restrictive setting that most closely approximates a 02 family and that meets the child's special needs, if any; 03 (2) within reasonable proximity to the child's home, taking into 04 account any special needs of the child and the preferences of the child or parent; 05 (3) with, in the following order of preference, 06 (A) an adult family member, or, if the child is under six years 07 of age and it is in the best interests of the child, a licensed foster home that 08 has provided at least 12 consecutive months of care to the child; 09 (B) a family friend who meets the foster care licensing 10 requirements established by the department; 11 (C) a licensed foster home that is not an adult family member 12 or family friend; 13 (D) an institution for children that has a program suitable to 14 meet the child's needs. 15 * Sec. 7. AS 47.14.100(m) is amended to read: 16 (m) Prima facie evidence of good cause not to place a child with an adult 17 family member or family friend under AS 47.10.088(i) or under (e) of this section 18 includes the failure to meet the requirements for a foster care license under AS 47.32 19 and regulations adopted under AS 47.32, taking into account a waiver, variance, or 20 exemption allowed under AS 47.32.030(a)(3) and 47.32.032. Prima facie evidence of 21 good cause not to place a child, or that it is not in the best interests of a child to 22 place the child, with an adult family member or adult family friend does not include 23 poverty or inadequate or crowded housing. If the department denies a request for 24 placement with an adult family member or a family friend, the department shall 25 inform the adult family member or family friend of the basis for the denial and the 26 right to request a hearing to review the decision. A non-party [ADULT FAMILY 27 MEMBER OR FAMILY FRIEND] requesting a review hearing under 28 AS 47.10.080(s), 47.10.088(i), [AS 47.10.088(i)] or [UNDER] (e) of this section is not 29 eligible for publicly appointed legal counsel. 30 * Sec. 8. AS 47.32.032 is amended by adding new subsections to read: 31 (d) The department shall assist an adult family member or family friend in
01 gathering the information necessary to submit a request for a variance under this 02 section. 03 (e) In this section, "department" means the Department of Family and 04 Community Services. 05 * Sec. 9. This Act takes effect January 1, 2026.