SB 123: "An Act relating to citizen review panels for certain children in state custody; reestablishing the Citizens' Review Panel for Permanency Planning; and providing for an effective date."
00 SENATE BILL NO. 123 01 "An Act relating to citizen review panels for certain children in state custody; 02 reestablishing the Citizens' Review Panel for Permanency Planning; and providing for 03 an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 44.66.010(a) is amended by adding a new paragraph to read: 06 (17) Citizens' Review Panel for Permanency Planning (AS 47.10.401) 07 - June 30, 2032. 08 * Sec. 2. AS 47.10.080 is amended by adding new subsections to read: 09 (z) Within 60 days after the date the department removes a child from the 10 child's home, the department shall notify the appropriate local citizen out-of-home 11 care review panel established under AS 47.10.421. 12 (aa) Within 60 days after a court orders a child committed to the department 13 under (c) of this section, and at a permanency hearing or review under (f) or (l) of this 14 section, the department shall inform the parties about the local citizen out-of-home
01 care review panel established under AS 47.10.421. 02 * Sec. 3. AS 47.10.093(b) is amended to read: 03 (b) A state or municipal agency or employee shall disclose appropriate 04 confidential information regarding a case to 05 (1) a guardian ad litem appointed by the court; 06 (2) a person or an agency requested by the department or the child's 07 legal custodian to provide consultation or services for a child who is subject to the 08 jurisdiction of the court under AS 47.10.010 as necessary to enable the provision of 09 the consultation or services; 10 (3) an out-of-home care provider as necessary to enable the out-of- 11 home care provider to provide appropriate care to the child, to protect the safety of the 12 child, and to protect the safety and property of family members and visitors of the out- 13 of-home care provider; 14 (4) a school official as necessary to enable the school to provide 15 appropriate counseling and support services to a child who is the subject of the case, to 16 protect the safety of the child, and to protect the safety of school students and staff; 17 (5) a governmental agency as necessary to obtain that agency's 18 assistance for the department in its investigation or to obtain physical custody of a 19 child; 20 (6) a law enforcement agency of this state or another jurisdiction as 21 necessary for the protection of any child or for actions by that agency to protect the 22 public safety; 23 (7) a member of a multidisciplinary child protection team created 24 under AS 47.14.300 as necessary for the performance of the member's duties; 25 (8) the state medical examiner under AS 12.65 as necessary for the 26 performance of the duties of the state medical examiner; 27 (9) a person who has made a report of harm as required by 28 AS 47.17.020 to inform the person that the investigation was completed and of action 29 taken to protect the child who was the subject of the report; 30 (10) the child support services agency established in AS 25.27.010 as 31 necessary to establish and collect child support for a child who is a child in need of aid
01 under this chapter; 02 (11) a parent, guardian, or caregiver of a child or an entity responsible 03 for ensuring the safety of children as necessary to protect the safety of a child; 04 (12) a review panel, including a variance committee established under 05 AS 47.05.360, established by the department for the purpose of reviewing the actions 06 taken by the department in a specific case; 07 (13) the University of Alaska under the Alaska education savings 08 program for children established under AS 47.14.400, but only to the extent that the 09 information is necessary to support the program and only if the information released is 10 maintained as a confidential record by the University of Alaska; 11 (14) a child placement agency licensed under AS 47.32 as necessary to 12 provide services for a child who is the subject of the case; 13 (15) a state or municipal agency of this state or another jurisdiction 14 that is responsible for delinquent minors, as may be necessary for the administration of 15 services, protection, rehabilitation, or supervision of a child or for actions by the 16 agency to protect the public safety; however, a court may review an objection made to 17 a disclosure under this paragraph; the person objecting to the disclosure bears the 18 burden of establishing by a preponderance of the evidence that disclosure is not in the 19 child's best interest; [AND] 20 (16) a sibling of a child who is the subject of the case to allow the 21 siblings to contact each other if it is in the best interests of the child to maintain 22 contact; in this paragraph, "sibling" means an adult or minor who is related to the child 23 who is the subject of the case by blood, adoption, or marriage as a child of one or both 24 of the parents of the child who is the subject of the case; a sibling who is adopted by a 25 person other than the parent of the child who is the subject of the case remains a 26 sibling of the child; and 27 (17) a local citizen out-of-home care review panel established 28 under AS 47.10.421. 29 * Sec. 4. AS 47.10.142 is amended by adding a new subsection to read: 30 (j) Within 60 days after a court orders a child committed to the department 31 under this section, the department shall inform the parties about the local citizen out-
01 of-home care review panel established under AS 47.10.421. 02 * Sec. 5. AS 47.10 is amended by adding new sections to read: 03 Article 3A. Citizens' Review Panel for Permanency Planning. 04 Sec. 47.10.401. Citizens' Review Panel for Permanency Planning. (a) The 05 Citizens' Review Panel for Permanency Planning is created in the Department of 06 Administration. The state panel consists of five voting members appointed by the 07 governor from among present members of local panels established under 08 AS 47.10.421. The governor shall appoint at least one voting state panel member from 09 each judicial district. The governor may not appoint a person who has committed a 10 felony or violated AS 11.51.130 or a law with substantially similar elements in this or 11 another jurisdiction. The state panel also includes the following five nonvoting 12 members, or their designees, who serve ex officio: the commissioner of family and 13 community services, the director of the office of public advocacy, the attorney general, 14 the public defender appointed under AS 18.85.030, and the chief justice of the Alaska 15 Supreme Court. 16 (b) The voting members of the state panel serve at the pleasure of the governor 17 for staggered terms of three years or until successors are appointed. 18 (c) The voting members of the state panel shall elect from among the voting 19 members a chair who shall serve for one year. Three voting members of the state panel 20 constitute a quorum for the transaction of business. The state panel may not take 21 official action without the affirmative vote of at least three of its members. 22 (d) Members of the state panel are entitled to reimbursement for actual 23 expenses necessary to perform the duties of state panel members. The reimbursement 24 may not exceed the amount of per diem and expenses authorized for boards and 25 commissions under AS 39.20.180. 26 (e) The state panel shall meet at least twice annually. Meetings may take place 27 electronically. 28 (f) The state panel may employ a program coordinator who shall serve at the 29 pleasure of the state panel. The program coordinator shall employ staff as necessary to 30 carry out the program coordinator's duties under state panel directives and to provide 31 clerical assistance to local panels.
01 Sec. 47.10.411. Duties of state panel. The state panel shall 02 (1) by regulation, adopt policies and procedures to carry out its duties 03 and to govern the performance of the duties of the local panels established under 04 AS 47.10.421; 05 (2) ensure that local panel members receive at least the minimum level 06 of training necessary to effectively carry out their duties; 07 (3) coordinate and review the activities of the local panels and make 08 recommendations to the governor on appointments to the local panels; 09 (4) report annually to the legislature, by the 10th day of each regular 10 session, concerning the activities of the state panel and local panels during the 11 previous fiscal year; the panel shall submit a written report to the senate secretary and 12 the chief clerk of the house of representatives and notify the legislature that the report 13 is available; the report must include the number of cases reviewed by each local panel, 14 a description of the characteristics of the children whose cases were reviewed by the 15 panels, the number of children reunited with their families, the number of children 16 placed in other permanent homes, and recommendations and justifications for program 17 improvement, including recommendations relating to state agencies and to the panel 18 review system; the report may contain other information on the experience of the local 19 panels. 20 Sec. 47.10.421. Appointment of local panels. (a) The governor shall appoint 21 for each judicial district a local citizen out-of-home care review panel composed of 22 five members and two alternates who are residents of the judicial district. Members 23 shall serve three-year terms. Alternates shall be appointed to three-year terms. 24 Alternates may attend any meeting of the local panel and may review any material 25 reviewed by the local panel. 26 (b) The governor shall appoint to a local panel persons who have training, 27 experience, special knowledge, or a demonstrated interest in the welfare of children. 28 An out-of-home care provider or a person employed by the court system, the 29 department, the office of public advocacy, the Public Defender Agency, or the 30 Department of Law may not serve as a member or alternate member of a local panel. 31 The governor may not appoint a person who has committed a felony or violated
01 AS 11.51.130 or a law with substantially similar elements in this or another 02 jurisdiction. 03 (c) The governor shall ensure that appointments to a local panel are reasonably 04 representative of the various social, economic, racial, ethnic, and cultural groups of the 05 district from which the members are appointed, as determined by regulations adopted 06 by the department. 07 (d) If the state panel determines that additional local panels are necessary in a 08 judicial district because of excessively large or complex caseloads for review or 09 because of the demographics of cases or determines that a local panel is not necessary 10 because of a reduced caseload, the governor may create or dissolve a local panel. The 11 governor may not reduce the number of local panels in a judicial district to less than 12 one. Appointments to a local panel established under this subsection are governed by 13 (a) - (c) of this section. 14 (e) When a person is appointed to serve on a local panel, the person shall 15 swear or affirm to keep confidential all information that comes before the local panel 16 except for nonidentifying case information included in a report to the state panel, for 17 information for reports required under AS 47.17, or as required by court order for 18 good cause shown. A local panel member may share confidential information with 19 other members of the local panel and staff who serve the local panel. 20 (f) If a member of a local panel is unable to participate in a proceeding, the 21 chair shall designate an alternate appointed under (a) of this section to participate in 22 place of the regular member at the proceeding, and the alternate shall participate for 23 the duration of that proceeding unless the alternate is unable to participate. A member 24 or alternate member may be excused from participation in a proceeding if 25 (1) the member has a scheduling conflict; or 26 (2) the local panel will consider a case involving a material decision 27 made by an immediate family member of the member; in this paragraph, "immediate 28 family" has the meaning given in AS 24.60.990(a). 29 Sec. 47.10.431. Meetings; expenses. (a) A local panel may conduct meetings 30 in person or by electronic means. In-person meetings must be held in the judicial 31 district in which the panel members reside. The chair may permit a member to
01 participate in an in-person meeting by electronic means. 02 (b) A local panel shall elect one of its members to serve as chair for a term of 03 one year. 04 (c) A majority of the members of a local panel constitute a quorum. A local 05 panel may not take official action without the affirmative vote of at least three of its 06 members. 07 (d) A local panel member is not eligible for travel expenses, per diem, or other 08 expenses for service on the local panel unless the state panel requires the local panel 09 member to travel to attend a meeting. If the state panel requires a local panel member 10 to travel to attend a meeting, the local panel member is entitled to reimbursement for 11 actual expenses incurred by the member in attending the meeting, except that the 12 reimbursement may not exceed the amount of per diem and expenses authorized for 13 boards and commissions under AS 39.20.180. 14 Sec. 47.10.441. Duties of local panels. (a) A local panel shall review the case 15 plan of each child in the custody of the department who is in a placement other than 16 the child's own home under AS 47.10.080(c)(1) or (3), 47.10.142, or 47.14.100(c) if 17 the case is under the jurisdiction of a court, including a tribal court, in the judicial 18 district served by the panel. A local panel may request a local panel in another judicial 19 district conduct a review and make a report if that local panel is more convenient for 20 the child and other persons involved. 21 (b) At least 30 days before beginning a review, a local panel shall provide 22 written notice to the following persons that a review will be conducted and that each 23 person notified may participate in the review: 24 (1) the department; 25 (2) the child or the child's legal representative; 26 (3) the child's parents; 27 (4) the child's guardian; 28 (5) the child's guardian ad litem; 29 (6) the child's out-of-home care provider; and 30 (7) if the case is governed by 25 U.S.C. 1901 - 1963 (Indian Child 31 Welfare Act),
01 (A) the child's Indian custodian; and 02 (B) the designated representative of the child's Indian tribe if 03 the tribe has intervened in the case. 04 (c) In reviewing a case, a local panel shall consider the case plan and any 05 progress report of the department or the child's guardian ad litem, court records, and 06 other relevant information about the child and the child's family. The local panel shall 07 also provide to the following persons an opportunity to be interviewed by the local 08 panel in person or by telephone or to provide written material to the panel: 09 (1) the child whose case is being reviewed if the child is 10 years of 10 age or older; 11 (2) the parents, custodians, or other relatives of the child; 12 (3) the child's out-of-home care provider; 13 (4) the child's guardian; 14 (5) the child's guardian ad litem; 15 (6) the case worker or social worker assigned to the case; 16 (7) if the case is governed by 25 U.S.C. 1901 - 1963 (Indian Child 17 Welfare Act), 18 (A) the child's Indian custodian; and 19 (B) the designated representative of the child's Indian tribe if 20 the tribe has intervened in the case; and 21 (8) other persons with a close personal knowledge of the case. 22 (d) At the discretion of the child's guardian ad litem or, if the child does not 23 have a guardian ad litem, at the discretion of the child's parent or guardian, a child 24 under 10 years of age whose case is being reviewed may be present at interviews 25 conducted under (c) of this section and during review by the local panel or may be 26 interviewed. At the child's request, the local panel shall allow a child who is 10 years 27 of age or older to be present at interviews or a review of the local panel that concerns 28 the child's case, unless the local panel determines that for good cause the child's 29 presence would be contrary to the best interests of the child or finds other good cause 30 for denying the child's request. 31 (e) During a review under (a) of this section, a local panel shall
01 (1) determine whether the child has a case plan designed to achieve 02 placement in the least restrictive, most family-like setting available in close proximity 03 to the home of the child's parents that is consistent with the best interests, special 04 needs, and circumstances of the child; 05 (2) evaluate the continuing necessity and appropriateness of the child's 06 placement, the extent of the parties' compliance with the child's case plan, and the 07 extent of progress that has been made toward mitigating the causes that necessitated 08 placement away from the child's parents; 09 (3) ascertain the date by which the child is likely to be returned to the 10 home or placed for adoption or legal guardianship; 11 (4) determine whether the parties have complied with applicable 12 provisions of 25 U.S.C. 1901 - 1963 (Indian Child Welfare Act) and other applicable 13 state and federal laws; and 14 (5) determine whether the requirements of AS 47.10.080(f) and (l) and 15 47.10.142(h) have been met. 16 (f) A local panel shall, within 30 days after reviewing a case, submit a written 17 report to the persons listed in (b) of this section. The report must make advisory 18 recommendations based on the health and safety of the child and must include 19 notification of the right to apply for a permanency hearing under AS 47.10.080(f). If 20 the court has scheduled the case for review, the local panel shall submit its report at 21 least 20 days before the hearing. 22 (g) A local panel shall report to the state panel information needed by the state 23 panel to prepare the report required under AS 47.10.411(4). 24 Sec. 47.10.451. Cooperation with state and local panels. The department, 25 Department of Law, public defender, office of public advocacy, and court system shall 26 cooperate with the state panel and the local panels to facilitate timely review of plans 27 for children whose cases are under the jurisdiction of the panels. 28 Sec. 47.10.461. Records; communications. (a) At the request of a local panel, 29 the department, the child's guardian ad litem, and the court shall furnish to the local 30 panel relevant records concerning a child and the child's family who are the subjects of 31 the local panel review. At the conclusion of a review, or, if necessary for the
01 preparation of the reports required under AS 47.10.441(f) and (g), upon completion of 02 the reports, a local panel shall destroy all records received by the local panel. 03 Notwithstanding AS 44.62.310, records and reports of a local panel, testimony before 04 a local panel, and deliberations of a local panel are privileged under AS 47.10.093. 05 (b) A local panel member may not reveal to another person, other than another 06 member of the local panel or the staff serving the local panel, a communication made 07 to the member while performing the member's duties under AS 47.10.401 - 47.10.491, 08 except as required under AS 47.17 or as required by court order for good cause shown. 09 A local panel member may share with the state panel communications made during the 10 local panel member's performance of official duties if the local panel member omits 11 identifying information. 12 (c) A local panel proceeding is not governed by AS 44.62.310. 13 Sec. 47.10.471. Court review of report. (a) When a report is admissible under 14 court rules, the court may consider the report of a local panel in its review under 15 AS 47.10.080(f) and at other disposition hearings other than hearings related to 16 delinquency proceedings. 17 (b) If the department, the child, or the child's parents, guardian, or guardian ad 18 litem applies for a permanency hearing under AS 47.10.080(f), the court may refer the 19 case to a local panel for review. 20 Sec. 47.10.481. Indemnification of panel members. The state shall indemnify 21 a state panel member or local panel member against civil liability for a negligent act or 22 omission by the panel member that occurs in the performance of the member's duties 23 under AS 47.10.401 - 47.10.491 unless the civil liability results from the panel 24 member's violation of 25 (1) AS 47.10.461(b); or 26 (2) the oath or affirmation required under AS 47.10.421(e). 27 Sec. 47.10.491. Definitions. In AS 47.10.401 - 47.10.491, 28 (1) "local panel" means a local citizen out-of-home care review panel 29 appointed under AS 47.10.421; 30 (2) "out-of-home care provider" means an agency or a person, other 31 than the child's legal parents, with whom a child who is in the custody of the state
01 under AS 47.10.080(c)(1) or (3), 47.10.142, or 47.14.100(c) is currently placed, 02 including a foster parent, a relative other than a parent, a person who has petitioned for 03 adoption of the child, or a residential child care facility; 04 (3) "state panel" means the Citizens' Review Panel for Permanency 05 Planning established under AS 47.10.401. 06 * Sec. 6. AS 44.66.010(a)(17); AS 47.10.080(z), 47.10.080(aa), 47.10.093(b)(17), 07 47.10.142(j), 47.10.401, 47.10.411, 47.10.421, 47.10.431, 47.10.441, 47.10.451, 47.10.461, 08 47.10.471, 47.10.481, and 47.10.491 are repealed. 09 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 CITIZENS' REVIEW PANEL FOR PERMANENCY PLANNING; INITIAL 12 TERMS; STAGGERED TERMS. (a) Notwithstanding AS 47.10.401, enacted by sec. 5 of 13 this Act, the governor shall appoint the initial voting members of the Citizens' Review Panel 14 for Permanency Planning so that one member serves a one-year term, two members serve 15 two-year terms, and two members serve three-year terms. 16 (b) Notwithstanding AS 47.10.401(a), enacted by sec. 5 of this Act, the initial voting 17 members of the Citizens' Review Panel for Permanency Planning do not need to be members 18 of local citizen out-of-home care review panels established under AS 47.10.421, enacted by 19 sec. 5 of this Act. The governor shall appoint initial voting members who have training, 20 experience, special knowledge, or a demonstrated interest in the welfare of children. 21 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 LOCAL CITIZEN OUT-OF-HOME CARE REVIEW PANEL; STAGGERED 24 TERMS. Notwithstanding AS 47.10.421, enacted by sec. 5 of this Act, the governor shall 25 appoint the initial members of a local citizen out-of-home care review panel so that one 26 member serves a one-year term, two members serve two-year terms, and two members serve 27 three-year terms. 28 * Sec. 9. Section 6 of this Act takes effect June 30, 2032. 29 * Sec. 10. Except as provided in sec. 9 of this Act, this Act takes effect January 1, 2026.