(Revision. 12/12/05)

Authority:

Purpose:

Policy:

1. Workers will maintain confidentiality in regard to the outcome of OCS intervention, with the exception of providing feedback to all reporters per their request.
2. The following persons are mandated reporters:
   1. practitioners of the healing arts, including social workers;
   2. school teachers and school administrative staff members of public and private schools.;
   3. peace officers, and officers of the Department of Corrections;
   4. administrative officers of institutions;
   5. child care providers;
   6. paid employees of domestic violence and sexual assault programs, and crisis intervention and prevention programs as defined in AS 18.66.990; and
   7. paid employees of an organization that provides counseling or treatment to individuals seeking to control their use of Drugs or alcohol;
   8. members of a child fatality review team or multidisciplinary child protection team.
3. In certain circumstances, the OCS has a collaborative relationship with agencies which allows specific information to be released. Please refer to section 6.1.1 Confidentiality for details.
4. No information can be released to other callers, such as relatives and attorneys, without an Authorization for Release of Information (see section 6.1.1 Confidentiality for details).

2.3.1 Emergency Custody/Decision Making

2.3.2 Emergency Custody/Notification, Petition, Release, and Filing

(Revision. 2/1/14)

Authority:

Purpose:

Background Informaiton:

Policy:

1. Parent, legal guardians, Indian custodians, and Tribes all must be given timely and informative notice when OCS takes emergency custody of a child.
2. If OCS assumes and retains emergency custody of a child, the Protective Services (PS) Specialist must:
   1. Notify the parents, legal guardians or Indian custodians, the Tribe(s) that may be the child’s Tribe, and the court as soon as possible, and in no event later than 24 hours after custody was assumed.

3. (Implemented 7/1/99)

   Authority:

   Purpose:

   Policy:

   1. A child is placed into department custody by virtue of a court order. At that time the department assumes custody responsibilities. The parent(s) or Indian Custodian, unless parental rights are terminated, have certain residual rights and responsibilities.
   2. The department will:
      1. assume responsibility for physical care and control of the child;
      2. determine where and with whom the minor shall live;
      3. have the right and duty to protect, nurture, train, and discipline the minor;
      4. have the duty of providing the child with food, shelter, education, and medical care; and
      5. have the right and responsibility to make decisions of financial significance concerning the child.
   3. The parent or Indian custodian will, unless parental rights have been terminated:
      1. have reasonable visitation;
      2. consent to adoption, marriage, and military enlistment;
      3. consent to major medical treatment except in case of emergency or pursuant to AS 25.20.025 which in certain situations allows a minor to consent to medical or dental treatment of himself/themselves or their child;
      4. have the responsibility to support the child.

   1. 1. 2.3.3 Emergency Custody/Probable Cause Hearing and Court Orders

         (Revision. 2/1/14)

         Authority:

         Purpose:

         Background Informaiton:

         Policy:

         1. The Protective Services Specialist (PSS) will identify and notify all parties entitled to notification of the probable cause/temporary custody hearing.
         2. The PSS will prepare for the hearing by being prepared to testify as to all facts of the case that support the allegation in the petition.
         3. During the hearing, the PSS will ensure that inquiries are made to identify the child’s Tribe.

         2.4.1 Non-Emergency Custody/Decision Making

         (Revision. 9/1/13)

         Authority:

         Background Informaiton:

         Policy:

         1. OCS may seek non-emergency custody of a child when parental conduct or conditions described in AS 47.10.011 exist but immediate removal is not necessary to address abandonment (as defined in AS 47.10.013), neglect (as defined in AS 47.10.014), sexual abuse (AS 47.10.011(7)), or to protect the child’s life or to provide immediate medical attention. See AS 47.10.142(a).
         2. Nothing in OCS’ Policy and Procedures Manual shall preclude an OCS Protective Services Specialist (PSS) from continuing to utilize, when appropriate, Protective Action and safety plans that allow OCS to provide reasonable efforts and avoid the necessity of filing a CINA petition.
         3. OCS will not file a non-emergency petition for a child who is a member of an Indian Tribe with exclusive jurisdiction over the child.
         4. Prior to OCS seeking legal custody of a child, timely, reasonable efforts will be made to provide services to the family to eliminate the necessity for placement outside the home.
         5. An OCS PS Specialist must confirm the existence of each of the following three criteria before the PS Specialist can file a non-emergency CINA petition:
            1. a valid basis exists for the CINA petition under AS 47.10.011;
            2. that the critical needs to ensure the child’s safety and well being are not being met; and
            3. that the parent’s willingness, ability, and/or availability to ensure the child’s safety and well being are not sufficient without agency intervention.

         2.4.2 Non-Emergency Custody/Petition Filing Procedures

         (Revision. 9/1/13)

         Authority:

         Purpose:

         Background Information:

         Policy:

         1. If a determination is made that legal custody is necessary to protect the child, but emergency circumstances requiring immediate removal do not exist, a non-emergency CINA petition will be filed.
         2. OCS will not file a non-emergency petition for a child who is a member of a Tribe with exclusive jurisdiction.
         3. When it has been determined that it is appropriate to file a non-emergency petition, the Protective Services Specialist (PSS) will complete and file the petition. The non-emergency petition must specifically state that parental conduct or conditions described in AS 47.10.011 exist but immediate removal is not necessary under AS 47.10.142(a). The PSS will consult with the Assistant Attorney General (AAG) regarding the drafting and filing of the non-emergency CINA petition, in accordance with regional/local procedures
         4. If the PSS files the non-emergency CINA petition but determines on or before the temporary custody hearing that the family’s progress and/or compliance with the case plan has made legal custody unnecessary to protect the child, the PSS will timely provide an affidavit to the AAG that sets forth a brief but sufficient basis to support a motion to dismiss the case.

         2.4.3 Non-Emergency Custody/Probable Cause Hearing and Court Orders

         (Revision. 2/1/14)

         Authority:

         Purpose:

         Background Informaiton:

         Policy:

         1. The Protective Services Specialist (PSS) will identify and notify all parties entitled to notification of the probable cause/temporary custody hearing.
         2. The PSS will prepare for the hearing by being prepared to testify as to all facts of the case that support the allegation in the petition.
         3. During the hearing, the PSS will ensure that inquiries are made to identify the child’s Tribe.

         2.5 Diligent Inquiry for Absent or Unknown Parent and Establishing Paternity

         (Revision. 8/1/21)

         Authority:

         Purpose:

         Background Information:

         Policy:

         1. It is in the best interest of each child in the custody of the department for the child’s parent(s) to participate in support of and planning for the child. If a parent’s whereabouts are unknown, the Protective Services (PS) Specialist will attempt to locate the parent and establish paternity if necessary.
            1. Attempts to locate parents will include requesting assistance from the Child Support Services Division (CSSD), who may access contact information available through:
               1. Division of Motor Vehicles,
               2. Employment Security Division,
               3. Department of Labor (wage records),
               4. Department of Corrections,
               5. Department of Revenue (PFD),
               6. Division of Public Assistance, and the
               7. Accurint database.
                  1. In addition, CSSD uses the website Vinelink.com (for incarcerated people), local tax records online, the Social Security Death Index, and assorted phone number websites.
            2. Child Support Services Division (CSSD) is able to share the following information with OCS regarding a custodial or noncustodial parent or a Putative Father:
               1. Person’s Name/ Mailing Address;
               2. Social Security Number;
               3. Employer’s Name/ Address;
               4. Federal Employer Identification Number;
               5. Wages, income, and benefits of employment, including healthcare coverage; and
               6. Type, status, location, and amount of any assets or debts owed by or to any such individual.
         2. Initial searches to locate fathers may provide results that need to be examined closer. There may be times where a documented father is not the child’s actual biological father. This can occur if a father is listed on the birth certificate, they are presumed to be the father. However, the child’s paternity may be in question if:
            1. No father is named on the birth certificate or in CSSD records; or
            2. The mother alleges that someone other than the individual named on the birth certificate is the child’s father; or
            3. The individual named denies paternity; or
            4. Someone other than the individual named claims paternity; or
            5. Paternity was established through a default order, i.e.,
               1. Legally married husband is listed as the father even though he may not be the bio father.
               2. CSSD does genetic testing
               3. CSSD, the “father,” did not respond to their notices and is therefore defaulted as the father.
         3. Paternity testing is the preferred way to establish paternity for children in OCS out-of-home placement.
         4. A court order establishing or disestablishing a father should occur in order to update the child’s birth certificate and to ensure child support is being collected accurately.

         2.6.1 Placements

         (Revision. 2/1/22)

         Authority:

         Purpose:

         Background Information:

         Policy:

         1. Priority consideration to the placement preferences outlined in federal and state law will occur when making a placement decision. In addition, placement decisions will include meeting the child’s needs when choosing a placement preference.
         2. Conduct a relative search as outlined in 3.4.2 How to Look for Relative Placement, Process Requests for Placement, and Process Placement Denials.
         3. Relatives will be given priority consideration as a placement preference over non-relatives unless a determination occurs that placement of the child with the relative is not in the child’s best interest.
         4. Reasonable efforts will be made to place sibling groups together, provided it is in the children’s best interest.
         5. Other than relatives, all providers are required to have a foster care license. A relative means an individual related to another by blood, adoption, marriage, or Tribal custom.
         6. Complete an Unlicensed Relative or Prospective Foster Home Safety Evaluation (06-9013) and background check before placing in an unlicensed relative home. The Protective Services (PS) Specialist, ICWA Specialist, Tribal ICWA worker, or a combination of these individuals can complete the safety evaluation.
         7. Any child placement into an unlicensed relative home will require the PS Specialist to complete (in person or by phone) the Unlicensed Relative Study Outline section of the Unlicensed Relative or Prospective Foster Home Safety Evaluation within 30 days of placement.
         8. Unlicensed relative caregivers may be eligible for benefits to assist with monetary support to meet the child’s needs. In the event the unlicensed relative caregiver later become licensed, they may not receive the following benefits at the same time as foster care payments:
            1. For Temporary Assistance for Needy Families (TANF), the relative may apply through the Department of Public Assistance or the Tribe to determine eligibility; and
            2. With Social Security Income (SSI) or Social Security Disability Income (SSDI), the relative may apply to become the payee for the child and be responsible for complying with eligibility requirements.
         1. Issuance of a provisional license under emergency conditions may occur if the following conditions exist. The provisional license is at the discretion of the licensing unit and licensing supervisor:
            1. A situation exists that a child must be placed in out-of-home placement with a non-relative;
            2. There are no other licensed foster homes available, or an applicant comes forward that has a positive relationship to the child, and the placement would reduce the trauma on the child from being placed in out-of-home care;
            3. The potential placement meets the statutory placement preferences; and
            4. The potential placement meets minimum safety requirements, which the department will assess, including the approved background checks required for the provisional license before placement.
         10. Obtain Protective Services (PS) Specialist IV approval before placement unless a situation occurs where the PS Specialist IV is not available. In this case, the PS Specialist IV review and approval will occur within 24 hours of placement.
         11. The PS Specialist IV will certify in ORCA that a search for appropriate relatives and family friends was conducted whenever the department takes emergency custody of a child, a child is removed from the parent’s home, or before a placement change occurs.
         50. At or before placement, provide the out-of-home caregiver with the information needed to care for the child.
         51. Within 30 days of removing the child from home, the PS Specialist will notify all known adult relatives of the child as outlined in section 6.6.3 Notifications.

         This policy section has been updated by 24-01 Licensing Provider Vacancy Report for After Hours Placements

         2.6.2 Voluntary Placements

         (Revision. 10/15/02)

         Authority:

         Policy:

         1. The division may place minors for a period of up to six months on the basis of an individual voluntary written agreement between the minor’s parent, legal guardian, Indian Custodian, or other person having legal custody, and the department. The legal or Indian custodian can remove the child from the placement at any time. It is not appropriate to use a voluntary placement when there are child abuse or neglect issues present, and voluntary placement will never be used when emergency custody has been assumed, as an alternative to initiating CINA proceedings, or if a parent appears incapacitated or does not appear competent to sign legal documents. Voluntary placements are not to be confused with voluntary relinquishment which must be taken in court.
         2. Placement preferences should ordinarily be followed when children go into voluntary placement (see section 3.4.2 Searching for Relatives, Identifying and Processing Requests for Placement).

         2.6.3 Non-Voluntary Placement

         (Implemented 7/1/99)

         Authority:

         Purpose:

         Policy:

         1. A child is placed into department custody by virtue of a court order. At that time the department assumes custody responsibilities. The parent(s) or Indian Custodian, unless parental rights are terminated, have certain residual rights and responsibilities.
         2. The department will:
            1. assume responsibility for physical care and control of the child;
            2. determine where and with whom the minor shall live;
            3. have the right and duty to protect, nurture, train, and discipline the minor;
            4. have the duty of providing the child with food, shelter, education, and medical care; and
            5. have the right and responsibility to make decisions of financial significance concerning the child.
         3. The parent or Indian custodian will, unless parental rights have been terminated:
            1. have reasonable visitation;
            2. consent to adoption, marriage, and military enlistment;
            3. consent to major medical treatment except in case of emergency or pursuant to AS 25.20.025 which in certain situations allows a minor to consent to medical or dental treatment of himself/themselves or their child;
            4. have the responsibility to support the child.

      2.7.1 A Framework for Essentials In Case Planning

      (Revision. 10/1/16)

      Authority:

      Purpose:

      Background Information:

      Policy:

      1. Case planning will occur for all families who have an open case (in-home or out-of- home).
      2. Case plans will be created and distributed to all appropriate parties within 60 days of assuming custody. For Family Services cases without custody, case plans will be created and distributed to all appropriate parties within 30 days of opening the case for services or no later than 30 days from the case transfer date.
      3. Case planning will encompass areas surrounding child safety, child well-being, child permanency, cultural continuity, and ICWA compliance.
      4. The case planning process must be conducted in a culturally appropriate manner, and sensitivity in cross cultural communication encounters is necessary. OCS employees must be careful to ensure that miscommunication and/or biases are avoided due to a lack of cultural understanding. All clients, regardless of race or ethnicity, should be encouraged to share about their culture during the FSA process.
      5. Considering that a disproportionate number of Alaskan Native families are involved in Alaska’s child welfare system, special considerations must be given to Alaskan Native cultural norms, traditions and behaviors, that should be respected during the FSA and Case Planning process and when facilitating a trauma screening for either parents or children (Section 2.7.2 Family Services Assessment: Case Planning with Parents and 2.7.3 Family Services Assessment: Case Planning with Children). This includes respecting their:
         1. Communication Style;
         2. Presentation;
         3. Belief Systems;
         4. Subsistence Customs;
         5. Childrearing Practices; and
         6. Historical Trauma.
      6. Desired Outcomes for Children And Families:
         1. Child Safety: When families come to the attention of the agency, and the agency intervenes with a family by doing an investigation and assessment, or by opening a case with the family, the desired outcomes for children in the family are:
            1. Children will remain free from substantiated abuse or neglect for 12 months after agency intervention.
            2. Children in out of home care will not be abused or neglected while in care. There will not be a substantiated report of abuse or neglect.
         2. Child Permanency: When children are removed from a parent’s care, the desired permanency outcomes include:
            1. Children will be returned to their parent’s care within one year or placed in a permanent home within one year.
            2. Children will experience no more than two placement changes prior to placement in their permanent home.
            3. Children shall be placed with a relative as a possible alternative permanent care provider within 90 days of removal.
            4. Youth who are likely to remain in foster care until they reach age 21 will have the skills necessary to live independently upon release of state custody.
         3. Child and Family Well-Being: When children are in custody, the desired outcomes for their physical and emotional health include:
            1. Children are medical, dental, educational, and development needs met.
            2. Children’s mental health needs will be met, including an assessment for exposure to trauma and any need for follow up services.
            3. Children placed in out of home care will be in a placement that is least restrictive, can meet the child’s needs, and is culturally appropriate.
            4. Children who are separated from their parents will have the opportunity to maintain contact with their family as appropriate to meet their needs.
            5. Children who are separated from their sibling will have the opportunity to maintain contact as appropriate to meet their needs.
         4. Cultural Continuity: Children in out of home care will continue to participate in their family, cultural, and spiritual traditions, customs, and connections as appropriate to meet their needs.
         5. ICWA Compliance: For children and families who fall under the Jurisdiction of the Indian Child Welfare Act:
            1. Active Efforts will be provided whenever possible to prevent the removal of a child from the family. (See section 4.16(B) for definition of active efforts).
            2. If a child must be removed from a parent or Indian Custodian, they will be placed with another parent, a relative or other Tribal member in accordance with the placement preferences outlined in the ICWA. If not in a first preference placement, efforts shall be made in consultation with the Tribe, parents, children, and family members to locate a family that is of higher preference as outlined in ICWA. Once found, the child may be moved to a higher level of preference placement:
            3. Active efforts are provided to re-unify the family which includes active efforts to assist the family in receiving all needed services in order to achieve the permanency goal.
            4. Active efforts are provided for children placed in out of home care so they maintain contact with their family, culture, customs and Tribal connections.
      7. Required Case Plan Elements: Each case plan document will have the following components:
         1. Identifying Information: Each case plan will include the case name and case number along with the names of the parents and children connected to the case plan.
         2. Permanency Goals:
            1. Each child will have a primary and (when appropriate) secondary (aka alternative) permanency goal on the case plan. (see section 2.7.3 Family Services Assessment: Case Planning with Children).
            2. Also included in this section is:
               1. A description of what efforts are being made to locate and identify a permanent family if the child is placed out of home in a non-permanent placement.
               2. If the permanency goal is adoption or guardianship, an explanation of how that goal is in the child’s best interest and what efforts are being employed to reach that goal.
               3. If the goal is reunification but the child has been out of home for 15 of the previous 22 months, the compelling reasons why a petition to terminate parental rights is not being filed.
         3. Placement Planning: Each case plan will describe efforts to prevent out of home placement for the children and efforts to involve parents, children and the Tribe in the case planning process. If a child is not placed in a first preference placement, or is out of proximity of their parent’s home, or is not placed in a least restrictive setting, or is not able to attend their own school, or is not placed with their siblings, the Protective Services (PS) Specialist must explain how this is in their best interest and what efforts are being made to keep them connected in the above referenced areas.
         4. Reason for OCS Involvement: Each case plan will include a description of the safety threats and/or high risk factors that required OCS to open a case with the family. Additionally, each case plan will include the parent/caregivers perception regarding the safety and risk factors and their understanding of why OCS is involved with them.
         5. Parent/Caregiver Protective Factors, Strengths and Concerns: Each case plan will outline the strengths the parent has related to the 5 protective factors; parental resilience, concrete supports in times of need, social connections, knowledge of parenting and child development, and social and emotional competence of children. These strengths should be identified and confirmed during the Family Services Assessment and are summarized in the case plan. The family strengths can then be a basis for working with the family toward achieving their goals. All concerns should be connected to the safety threats or high risk behaviors and each concern must be addressed in a goal for the parent.
         6. Parent/Caregiver Goals and Activities: Each case plan will include behaviorally specific goals established between the parent and PS Specialist. The goals should be simple, written in the parent’s language, and be connected to the safety threats or high risk factors that caused the child to be unsafe or at high risk in the parent’s care. The selected activities, tasks, and services should help the parent achieve their case plan goals to enhance their protective factors. Included are how OCS will help the parent achieve their goals, who is responsible for what, and reasonable timelines by which to participate in the required services.
         7. Case Plan Goals for Children:
            1. Each child will have a series of case plan goals targeted at meeting their needs and the established permanency goal. The following areas must be addressed for all children in out of home care:
               1. Medical/dental/vision needs;
               2. Mental health needs;
               3. Educational needs;
               4. Cultural continuity;
               5. Developmental needs for children between birth and three years old;
               6. Independent living for youth ages 16 and older;
               7. Other needs specific to each individual child.
            2. For children who are not in custody, their case plans should focus not only those needs that are connected to the reason for opening the case, but also any other areas that need some attention, including an assessment for exposure to trauma and any follow up needed in that area.

      2.7.2 Family Services Assessment: Case Planning with Parents

      (Revision. 7/1/18)

      Authority:

      Purpose:

      Background Informaiton:

      Policy:

      1. OCS will develop a case plan, using the Family Services Assessment (FSA) process, for each parent, legal guardian, or Indian Custodian who is subject to an open OCS Family Services case, with or without custody, in home or out of home.
      2. The agency will work with the parent/guardian/custodian individually in developing their own case plan. Tribal representatives will be included when applicable in the initial and ongoing development of the case plan.
      3. Each case plan will be written using language that the parent/guardian/custodian can understand and include services they request to meet their identified needs.
         1. The needs assessment for each individual will include an exploration of the five Protective Factors: parental resilience, concrete supports in times of need, social connections, knowledge of parenting and child development and social and emotional competence of children; and
         2. The identification of desired services will include an exploration of the available traditional wellness practices, cultural activities and Tribal services (see the Cultural Resources for Alaska Families guide located in Statewide Forms folder).
      4. Case plans will be created and distributed to all appropriate parties within 60 days of assuming custody. For Family Services cases without custody, case plans will be created and distributed to all appropriate parties within 30 days of opening the case for services or no later than 30 days from the case transfer date.
      5. The case plan evaluation process will occur every six months after development of the case plan, and when a significant change occurs with the family that would require a case plan evaluation.

      2.7.3 Family Services Assessment: Case Planning with Children

      (Revision. 10/1/16)

      Authority:

      Purpose:

      Background Information:

      Policy:

      1. The agency will develop a case plan for each child who is subject to Family Services case, regardless of custody or placement.
      2. Case plan development will begin when the case has been transferred from an Initial Assessment worker to a Family Services worker, or when the assigned Protective Services Specialist (PSS) remains the same, but the focus of the work changes from the initial assessment phase to the case planning and service provision phase.
      3. The agency will gather information to help create the child’s case plan:
         1. from each child, using developmentally appropriate strategies;
         2. from each parent;
         3. from alternate caregivers, where applicable; and
         4. from the child’s Tribe, when appropriate.
      4. Each case plan will focus on child safety, permanency, and well-being issues, and facilitate the permanency plan for the child. The plan will address all the applicable case plan elements outlined in section 2.7.1 A Framework for Essentials In Case Planning.
      5. When appropriate, alternative permanency planning will be used to ensure timely permanency for the child, as outlined in section 3.1.1 Permanency Goals and Permanency Planning.
      6. Case plans will be created and distributed to all appropriate parties within 60 days of assuming custody. For Family Services cases without custody, case plans will be created and distributed to all appropriate parties within 30 days of opening the case for services or no later than 30 days from the case transfer date.

      2.7.4 Family Services Assessment: Case Planning and Transition Planning with Youth

      (Revision. 10/1/15)

      Authority:

      Purpose:

      Background Information:

      Policy:

      1. All the policies in section 2.7.3 Family Services Assessment: Case Planning with Children apply to this section. In addition, the policies in (B) below apply to case planning with youth age 14 and older. In addition, the case plan:
         1. Will be developed with the youth and at the option of the youth, 2 members of the case planning team, who are not the caseworker or foster parent;
         2. Must document the youth’s education, health, visitation, and court participation rights, the right to receive a credit report annually, and a signed acknowledgment that the youth was provided these rights and that they were explained in an age appropriate way.
         3. Each youth who is in custody and placed out-of-home, receives without cost a copy of any consumer credit report each year until custody is released, and that the youth is provided assistance in interpreting the report and resolving any inaccuracies.
      2. Transition Plan:
         1. A transition plan will be developed for all youth in custody and out-of-home placement who are 14 years of age or older and updated in accordance with the following time lines:
            1. The initial plan must be developed within 30 days following the youth’s 14th birthday. If a youth enters care after their 14th birthday, the initial plan will be developed within 30 days of when the youth enters care.
            2. The transition plan will account for the identified permanency goal(s), and activities on the transition plan will support the achievement of the permanency goal(s). For youth 16 and older with a goal of APPLA there will be continued efforts towards permanency and lifelong connections.
            3. The plan must be updated at least every six months and during the 90 day period immediately prior to when the youth’s case is closed.
            4. Every effort will be made to ensure that a face-to-face transition planning session occurs at least annually.
      3. The transition plan is part of the case plan and identifies goals and programs, services, knowledge, skills, and supports which will help prepare the youth in their transition from custody.
      4. Development of the plan will include an assessment of the youth’s ability to live self-sufficiently and take into consideration any disabilities, mental health issues, or developmental delays that may mean that the youth will require ongoing supportive services after release from foster care.
      5. OCS will not recommend that a youth aged 18-21 be released from custody if the youth needs out-of-home care and lacks supports to ensure self-sufficiency.

      2.8 Team Decision Making (TDM)

      (Revision. 3/19/18)

      Authority:

      Purpose:

      Background Information:

      Policy:

      1. A Team Decision Making (TDM) meeting will be held for all children experiencing Present Danger, Impending Danger, or high risk that may result in the children residing outside of the home.
      2. TDM meetings will be held before a change in placement for a child already in care. In emergency situations where the TDM is unable to be scheduled before the placement change, the TDM will be held within one business day following an emergency change of placement.

      3.1 Administrative Reviews

      (Revision. 10/1/16)

      Authority:

      Purpose:

      Background Information:

      Policy:

      1. Periodic reviews will be conducted for all children in OCS custody who are placed out of the home. This includes cases where trial home visits are in effect. OCS will review the child’s case through the administrative review process every six months until the case is closed.
      2. The Panel members may include the Protective Services Specialist (PSS) and/or PSS IV, Tribal representative, Guardian ad Litem, and reviewer. In cases where the youth 16 and older has Another Permanent Planned Living Arrangement (APPLA) the youth and the resource family may also be invited.
      3. Meeting Organization: All participants will be encouraged to provide input in the reviews. The following will be followed for the organization of the meeting:
         1. Introduction of Participants – facilitator;
         2. Presentation of Case – PSS;
         3. Input/feedback from parties – parents, Tribe, GAL; and
         4. Review of five items – all parties
            1. continuing necessity for and appropriateness of placement;
            2. the extent of compliance with the case plan;
            3. the extent of progress which has been made toward alleviating or mitigating the causes necessitating placement in foster care;
            4. projection of likely date by which the child(ren) may be safely returned home or placed for adoption or legal guardianship; and
            5. the steps the agency is taking in cases where the youth 16 or older with Another Permanent Planed Living Arrangement (APPLA) goal, ensuring the foster family home or child care institution is following the reasonable and prudent parent standard. To ascertain whether the youth has regular, ongoing opportunities to engage in age or developmentally appropriate activities.
         5. The division may place minors for a period of up to six months on the basis of an individual voluntary written agreement between the minor’s parent, legal guardian, Indian Custodian, or other person having legal custody, and the department. The legal or Indian custodian can remove the child from the placement at any time. It is not appropriate to use a voluntary placement when there are child abuse or neglect issues present, and voluntary placement will never be used when emergency custody has been assumed, as an alternative to initiating CINA proceedings, or if a parent appears incapacitated or does not appear competent to sign legal documents. Voluntary placements are not to be confused with voluntary relinquishment which must be taken in court.
         6. Placement preferences should ordinarily be followed when children go into voluntary placement (see section 3.4.2 Searching for Relatives, Identifying and Processing Requests for Placement).Documentation of Administrative Reviews: All administrative reviews will be documented in ORCA. Documentation will be completed immediately after the review is held. The documentation should be focused on the findings from review of the five required elements.If emergency custody will be continued beyond 24 hours the PSS will complete and file the petition, as outlined in section 4.2 Emergency Custody.

      3.1.1 Permanency Goals and Permanency Planning

      (Revision. 4/17/17)

      Authority:

      Purpose:

      Background Information:

      Policy:

      1. Each child who is subject to an open OCS case will have an identified permanency goal. Permanency goals will be established and distributed in the case plan within the first 60 days of assuming custody or opening a case for services without custody.
      2. In most cases, the first goal will be for the child to remain in their home if the child has not been legally removed, or to reunify a child with one or both of the parents if the child is in an out of home placement after a temporary custody order.
      3. During the Family Services Assessment (FSA) process the Protective Services  Specialist (PSS) will:
      4. identify the most appropriate primary permanency goal for the child;
         1. identify the most appropriate alternative goal for the child when it appears achievement of the primary goal within the federal time frame of 15 out of the last 22 months will not occur (an alternative goal is not necessary for children remaining in their home); and
         2. document the permanency goal(s) in ORCA and make it available to all appropriate parties in the case.
      5. See Background Information Section (B)(4) for circumstances when the primary goal may be a different goal than reunification. In these circumstances, the PSS may request the court to cease reasonable efforts for reunification. Reasonable efforts to return the child home must continue until the court has determined that such efforts are no longer required. For ICWA cases 25 U.S. Code 1912 requires Active Efforts continue. The PSS will meet with the AAG under circumstances listed in Background Section (B)(4) for ICWA cases.
      6. Selection of permanency goals must be in the best interest of the child. The permanency planning goal options, in order of preference under Federal Regulations include:
         1. Reunification: The child should be back in the home within 12 months of coming into care;
         2. Adoption: A child should be in a finalized adoption within 24 months of coming into care;
         3. Guardianship: A child should be in a finalized guardianship within 18 months of coming into care;
         4. Permanent Placement with a Fit and willing relative: Only appropriate for youth 16 and older when it expected that the youth would be in care beyond their 18th birthday. This goal is preferable over APPLA; or
         5. Another Planned Permanent Living Arrangement (APPLA): Only applies to youth 16 and older who have OCS Director approval. See CPS manual section 3.13.3 for further information on APPLA.
         6. OCS has established Regional Permanency Specialists (RPS) for each region to function as experts regarding permanency for children in care. The RPS provides consultation and guidance on permanency for children and youth. Disagreements on the permanency goal should be escalated through the chain of command and reviewed by management. If alignment is not found, then the Division Operations Manager should be consulted.

      3.2.1 Caseworker Visits with Children, Parents, and Caregivers

      (Revision. 10/1/16)

      Authority:

      Purpose:

      Background Informaiton:

      Policy

      1. Caseworker Visits with Children
         1. Any child with an open case will be visited and seen by the assigned primary or secondary OCS Protective Services Specialist (PSS) at least one time a month. These visits will occur regardless whether the case is in the initial assessment phase, regardless of the legal custody status, and whether the child is living in their own home or in out-of-home placement.
         2. Caseworker visits will occur at least once a month, or more if the family needs indicate, with the majority of the visits being in the home in which the child resides.
         3. Visits between the OCS PSS and the child will include observation and a discussion with the child regarding their current placement, their safety, well being, cultural continuity, and permanency. The Caseworker Visit Guide in Statewide forms may be utilized to assist in the observations and conversations with the individuals.
         4. During each visit, the PSS will reassess the child’s initial needs and assess their ongoing needs. These activities should be appropriate to the child’s age and reflect the child’s developmental level. The initial assessment of needs includes making an inquiry to the child if the services and activities on the case plan are still meaningful and helpful to the child. Conducting ongoing assessment of needs means determining through discussion with the child if there are other areas that need to be worked on or addressed through services and included on the case plan. These areas of inquiry should encompass the child’s functioning including mental health needs, physical health needs, educational needs, social needs, recreational needs, family relationships, and adjustment to the out of home placement setting.
         5. All visits should be in person, face to face. For children who are placed outside of their own region or in a community in the same region that is served by another office, but within the state, the Primary PSS will request a secondary PSS as outlined in section 6.6.2 Out-of-Town Requests (OTR). The receiving office will assign a secondary PSS who will visit the child in person at least once a month.
         6. Children who live out of state will have at least once a month telephonic contact with the assigned PSS. For children placed in foster care or with unlicensed relatives, the Deputy ICPC Administrator will request monthly visits with written reports.
         7. For a child placed in an out-of-state residential facility, face-to-face visits with the child are required every six months. The PSS will have unsupervised phone contact with the child once a month to discuss the child’s placement, activities on the case plan, and any safety or well being issues. The PSS or psychiatric nurse will have weekly contact with facility and child to exchange treatment information and help facilitate discharge planning. (for further details see section 5.24 ICPC Placement Supervision.
         8. Visits that occur in a setting that does not provide for the privacy and the time necessary for a meaningful observation and conversation will not meet the requirement for a monthly contact.
      2. Caseworker Visits with Parent/s (or Indian Custodian):
         1. Any parents and/or Indian custodian with an open case will be visited and seen by the assigned primary or secondary OCS PSS at least one time a month. More frequent visitation should occur as family needs indicate. These visits will occur regardless whether the case is in the initial assessment phase, regardless of the legal custody status, and whether the child is living in their own home or in out-of-home placement.
         2. Caseworker visits with parents will occur at least once a month, or more if the family needs indicate, with the majority of the visits being in the home in which the parent resides.
         3. For a parent that resides out of state the contact will be telephonic.
         4. During each visit, the PSS will reassess the parent’s initial needs and assess their ongoing needs. These activities should be appropriate to the case situation and reflect the behavioral needs of the parents. The initial assessment of needs includes making an inquiry to the parent if the services and activities on the case plan are still meaningful and helpful to the parent. Conducting ongoing assessment of needs means determining through discussion with the parent if there are other areas that need to be worked on or addressed through services and included on the case plan. These areas of inquiry should encompass the issues which compromise the safety of the child and which address the enhancement of the protective capacity of the parents.
         5. Visits on a monthly basis are required until the court determines that reasonable efforts towards Reunification are no longer required (AS 47.10 086(c)). In ICWA cases, Active Efforts must continue, unless the court rules no further active efforts are needed.
         6. PSS safety must be considered for face-to-face visits. If a PSS has concerns about personal safety regarding contact with a parent, they will consult with their PSS IV.
            1. If in-home visits are determined to be unsafe, the PSS IV will document in ORCA the reasons for this decision and what the alternative plan for monthly contacts will be.
            2. Parent contact setting will be reassessed and documented by the PSS IV as circumstances change.
      3. Caseworker Visits with Out-of-Home Caregivers:
         1. Foster care providers and unlicensed relative care providers will be contacted by the PSS during the course of their routine monthly contact with the child. In two-parent homes, it is strongly recommended that efforts are made to visit both providers whenever possible. The majority of the visits will be in the care provider’s home and face-to-face. This contact will be directed at meeting the needs of the substitute caregiver as pertains to the children placed in their home as well as the individual needs of the child(ren).
         2. During each visit, the PSS will reassess the caregivers’ initial needs and assess their ongoing needs. Any services should be appropriate to the family situation and reflect the needs of the caregiver to provide care for the child. The initial assessment of needs includes making an inquiry to the caregiver if the services and activities being provided are still meaningful and helpful to the caregiver and/or child. Conducting ongoing assessment of needs means determining through discussion with the caregiver if there are other areas that need to be worked on or addressed through support.
      4. Some case visits should be scheduled with the parents/caregiver/child and some visits should be unannounced.
      5. All visits will be documented within 7 days in ORCA as a Caseworker Visit Activity note.

      3.2.2 Service Delivery

      (Implemented 7/1/99)

      Authority:

      Policy:

      1. In order to reduce risk to the child and achieve a minimally sufficient level of care for children in the family, the Protective Services Specialist (PSS) will provide case management, direct services, and purchased services.
      2. Services provided to the family, and goals developed in the case plan, should relate to reducing risk to the child in the family and achieving a minimally sufficient level of care for the child. A case plan is required for all cases.
      3. The PS Specialist will use Tribal experts from the child’s Tribe, when available, in providing services to the family in consultation on cultural issues involving family or child.
      4. Many communities offer a wide variety of parent and family support services. The PSS should carefully consider integrating available local services into the case plan whenever appropriate. Categories include:
         1. day treatment/structured intensive day programs.
         2. vocational/employment services;
         3. parent/child education;
         4. medical/dental services;
         5. placement services;
         6. educational services;
         7. counseling services;
         8. alcohol and drug treatment.
      5. Release of information. When the service is required in order to solve a problem identified in the case plan, feedback from the provider is required. The PSS must include provision for release of information from the provider, in order to check attendance and progress towards meeting goals.

      3.2.3 Services to the Family – Children in-Home

      (Implemented 7/1/99)

      Authority:

      Policy:

      1. The agency will provide services to children in their own homes when the Protective Services Specialist (PSS) has determined that there is no immediate risk to the child in remaining at home, or returning home, and a minimal sufficient level of care can be provided.
      2. If a court has determined that a child is a child in need of aid, the division will provide time-limited family support services to the child and the child’s family in order to offer parents the opportunity to remedy parental conduct or conditions in the home that made the child a child in need of aid and to prevent out-of-home placement of the child. These services are developed in the case plan.
      3. Family support services includes services provided by the community, Tribal community, a church, or other service organization, and may include counseling, substance abuse treatment, mental health services, assistance to address domestic violence, visitation with family members, parenting classes, in-home services, temporary child care services, and transportation.
      4. In-home services also meet the requirement of reasonable efforts to prevent or eliminate the need for removal of the child from their home. Where a Native child is at issue, Active Efforts must be made to provide remedial services and rehabilitative programs designed to prevent removal of the child and maintain the family unit.

      3.2.4 Services to the Family – Children in Out-of-Home Care

      (Implemented 7/1/99)

      Authority:

      Policy:

      1. Whenever a child is placed out of home and the permanency plan is Reunification, the division will provide time-limited family support services to the child and the child’s family in order to offer parents or Indian Custodian the opportunity to remedy parental conduct or conditions in the home that placed the child at risk of harm so that the child may return home safely and permanently. These services are developed in the case plan. The division will develop a concurrent alternative permanency plan for the child while also making reasonable efforts to return the child to the child’s family. Where a Native child is involved, the division will develop the concurrent alternative plan with the child’s Tribe, while also making Active Efforts to return the child to the child’s family.
      2. Family support services includes services provided by the community, Tribe, a church, or other service organization, and may include counseling, substance abuse treatment, mental health services, assistance to address domestic violence, visitation with family members, parenting classes, in-home services, temporary child care services, and transportation.

      3.3 Service Efforts to Prevent Placement and/or Services to Return Child to Home

      (Implemented 7/1/99)

      Authority:

      Policy:

      1. The Protective Services Specialist (PSS) must make timely reasonable efforts to provide time-limited family support services to the child and to the parent(s), Indian Custodian, or guardian of the child that are designed to prevent out-of-home placement of the child or enable the safe return of the child to the family home, when appropriate, if the child is in an out-of-home placement. The PSS must make timely Active Efforts to provide remedial services and rehabilitative programs to prevent the breakup of the Indian family
      2. These services are developed in the case plan. When it has been determined in staffing that concurrent planning is appropriate for the case, the division will develop a concurrent alternative permanency plan for the child while also making reasonable efforts to return the child to the child’s family.
      3. Family support services means the services and activities provided to children and their families, including those provided by the community, a church, or other service organization, both to prevent removal of a child from the family home, and to facilitate the child’s safe return to the family. “Family support services may include counseling, substance abuse treatment, mental health services, assistance to address domestic violence, visitation with family members, parenting classes, in-home services, temporary child care services, and transportation.

      3.4 Placement Options

      (Revision. 1/1/17)

      Authority:

      Purpose:

      Background Information:

      Policy:

      1. All placements will be in the least restrictive setting in reasonable proximity to the child’s home, extended family or siblings meeting the needs of the child.
      2. The court may authorize the department to place a child who is in custody under AS 47.10.080(c)(10 or (3) or 47.10.142 in a secure residential psychiatric treatment center.
      3. Race and ethnicity may not be the sole factor when considering placement, and may not delay placement of the child.
      4. For Alaska Native or American Indian children, the child’s Tribal membership or citizenship or eligibility for membership or citizenship in an Indian Tribe, as opposed to race or ethnicity, will govern the placement preference under the Indian Child Welfare Act.
      5. Placement Options:
         1. Own Home: When a parent or Indian Custodian can provide minimally sufficient level of care which ensures a level of health and safety, the child will be maintained in the child’s own home.
         2. Relative Care Home: The first option to be considered in any out-of-home placement is a relative of extended family members home. Family members can help a child retain ties to their culture and family. If relatives request to care for the child and has been adequately assessed and approved for placement, the child will be placed with relatives, even if the parents or Indian custodian object. Relatives or extended family members may be licensed or unlicensed. See section 2.6.1 Placements for additional information regarding relative placements.
         3. Emergency Shelter: The term emergency shelter refers to a type of out-of-home care where the placement of the child was made with less than 24 hour’s notice to the foster family or shelter.
            1. If a child is placed in emergency shelter care in a residential child care facility, the placement may not exceed 30 days unless there is documentation which shows that continued care is necessary. The need for continued care must be assessed 30 days after admission and every 15 days after that by the child’s PSS and provided to the facility to enable the facility to meet licensing requirements. The assessment must include the reasons for continued care, plans for other placement, and barriers to other placement and plans to eliminate the barriers.
         4. Licensed Foster Family Care: A foster home is a home licensed to care for a child during the period when the child is apart from their parent, guardian or Indian custodian.
         5. Residential Care: RCCF placements are limited to children for whom the division has court-ordered custody. Occasionally RCCF placements for children with voluntary placement agreements may be approved by the Protective Services Manager II.
            1. Placements less than three months must be approved by the PSS IV. Any placement exceeding three months should have a written justification.
            2. The court may authorize the division to place a child who is in custody under AS 47.10.080(c)(10) or (3), or 47.10.142 in a secure residential psychiatric treatment center. For example, a lockable, physician-directed residential child care facility, if the court finds, based on the testimony of a mental health professional that:
               1. The child is gravely disabled or is suffering from mental illness and, as a result, is likely to cause serious harm to the child or another person;
               2. There is no reasonably available, appropriate, and less restrictive alternative for the child’s treatment or that less restrictive alternatives have been tried and have failed; and
               3. There is a reason to believe that the child’s mental condition could be improved by the course of treatment or would deteriorate if untreated.
            3. Placement in a secure facility which has been authorized by the court must be reviewed by the court at least once every 90 days, and at the review, the court may authorize the division to continue the placement.
         6. Out of State Placement:
            1. Residential: Children in custody may be placed in out-of-state residential care only when such care is not available in the state, and all possible alternatives and resources in Alaska, including Alaska Youth Initiative, have been exhausted. All out-of-state residential placements must be reviewed by the Regional Placement Committee and approved by the PSM II and the state office placement committee. See ICPC Chapter, and Administration Chapter, section 6.5.2 Residential Psychiatric Center Level of Care, for specific procedures.
            2. Non-Residential: Consideration of an out-of-state foster home may occur any time for a child in custody if it is in child’s interest and appropriate. For example, when a child’s parent(s) or Indian custodian are out of state, and placement near the parent is appropriate or when permanent foster parents to a child are moving out of state. In all cases, follow the Interstate Compact for the Placement of Children (ICPC) procedures, and ICPC approval must occur before the placement happens.
            3. Interstate compact placement procedures will be followed in all out-of-state placements or when OCS has custody.
            4. OCS works collaboratively with the Indian child’s Tribe throughout the case on placement decisions regarding their Tribal children. For all out of state placements, consult the Indian child’s Tribe before a decision to place a child out of state. Document the Tribe’s position in an ORCA activity note. For Alaska Native/American Indian children who are receiving psychiatric treatment, the Indian child’s Tribe will be invited to participate in treatment team meetings and kept informed of treatment recommendations. For residential placements, provide the Tribes decision the Regional Placement Committee before the review.
         7. Unlicensed Transitional Living, Education Facilities, and Programs. Placement of youth in custody in the unlicensed transitional living arrangement, including a student dormitory residence at a post-secondary educational or vocational institution must adequately meet the child’s needs and designed to assist in the child’s transition to independent living.

      3.4.1 Placement with OCS Employees

      (Revision. 8/1/18)

      Authority:

      Purpose:

      Background Information:

      Policy:

      1. The Office of Children’s Services (OCS) does not allow OCS employees to be a placement, for foster care, adoption or guardianship for a child in OCS custody or in custody of another state. This policy does not preclude the OCS employee from becoming an adoptive parent through other legally recognized channels such as placement by a Tribe, Tribal Organization, or licensed adoption agency.
      2. An exception may be made when the OCS employee is a relative to the child.
      3. OCS employees will not take advantage of their positions by using professional relationships, or confidential information acquired through their work with the State of Alaska to become adoptive parents or guardians of a child who is not in custody of the State or who are known to the employee through their work.
      4. Care must be taken to mitigate any conflict of interest due to the placement of a relative child with an OCS employee. The following criteria must be met when placement with an OCS employee is being considered for temporary or permanent placement of a relative child.
         1. The placement preferences set out in federal and state law must be followed (see 3.4.2 Searching for Relatives, Identifying and Processing Requests for Placement), and all other potential relative placements must also be considered;
         2. Document the reasons in ORCA why it is in the best interests of the child to be placed with a related OCS employee;
         3. The OCS employee who is a placement resource for a related child cannot provide direct or indirect casework or supervisory services to the child or other family members;
         4. The employee’s supervisor cannot supervise the Protective Services Specialist (PSS) who is assigned to the family where the child is a member of the case; and
         5. The ORCA case must be restricted.
      5. In exceptional cases, where it is in the best interest of a child that a non-related OCS employee become a placement resource for the child, the Director may make an exception to the policy that only related employees may become placement resources. In this situation, all the other requirements and procedures in this section apply.

      3.4.2 Searching for Relatives, Identifying and Processing Requests for Placement

      (Revision. 8/15/23)

      Authority:

      Purpose:

      Background Informaiton:

      Policy:

      1. The Office of Children’s Services recognizes the importance of the family unit, the extended family, and culture as resources for the well-being of children. Placement settings are evaluated on the best interests and needs of the child. When a child is removed from their home, the department will place the child:
         1. in the least restrictive setting that most approximates a family taking into consideration sibling attachment;
         2. within reasonable proximity to the child’s home, extended family, or siblings;
         3. allowing the child’s special needs if any, to be met; and
         4. following the order of preference specified by AS 47.14.100(e)(3).
      2. For Indian children, it is vital to maintain cultural continuity in the placement setting. Placement of Indian children will follow the ICWA preferences unless the child’s Tribe issues a resolution to change the order of the placement preferences, or the court has made the determination that there is good cause to depart from the placement preferences.
      3. Within 30 days of a child being removed from the home, a diligent search for relatives/extended family must occur. The search continues throughout the case for relatives/extended family including searching for relatives/extended family that can provide emotional support to the child or youth while they are in custody or are transitioning out of custody.
      4. All relatives/extended family members will be documented in the relative tab in ORCA. All relative/extended family member search efforts will be documented in an ORCA activity note. The PSS IV must document in a supervisory activity note that the diligent search for relatives/extended family is ongoing and actively occurring.
      5. The PSS must ensure relatives/extended family members are informed of their right to request placement of a child. Notices are sent by the PSS or designated OCS staff member within the first 30 days following removal, as new relatives are identified and when the permanency plan changes to adoption or guardianship.
      6. Notification will be sent to the grandparents and other adult relatives/extended family of their right to be considered for permanent placement of the child(ren).
      7. Reasonable efforts will be made to place siblings together, provided it is in the best interest of the children (see CPS manual section 4.14 Tribal Jurisdiction).
      8. All placement-related activities will be documented in a Relative/Placement Search Activity Note, including:
         1. efforts to identify and locate relatives/extended family and potential placement resources;
         2. communication with relatives/extended family, family friends, and Tribal members about considering placement;
         3. communication with non-relative homes and institutions about considering placement; and
         4. efforts to obtain a higher placement preference for the child(ren).
      9. Adoptive placement may not be delayed pending completion of a search for a legally preferred placement. Diligent search efforts for a preferred placement must be completed and documented in ORCA.
      10. All appropriate potential permanent placement resources will be considered, regardless of whether the placement resource is located inside or outside of Alaska.
      11. For children with permanency goals other than reunification, a Relatives of a Child report will be provided in discovery as part of the relative search efforts.
      12. Out-of-preference placements of Alaskan Native/American Indian children will be monitored by the OCS regional ICWA Specialists in out-of-preference placement meetings. Efforts to identify ICWA preference placements will be documented in an out of home placement review ORCA activity note.
      13. When a petition or proxy for adoption or legal guardianship of a child is filed with the court, a determination if the prospective family is entitled to the ICWA placement preferences will be made by the court.

      Procedure

      3.5.1 Background Checks for Placement Resources

      (Revision. 8/1/21)

      Authority:

      Purpose:

      Background Information:

      Policy:

      1. Before placing a child in an unlicensed home, the following background checks will be conducted:
         1. ORCA for child protection and licensing/provider history: Conduct a check on each household member who is 16 years old or older. If any of the adults in the household have lived in another state in the preceding five years, request information from that state’s child abuse and neglect registry.
         2. JOMIS (for children 12-15 that are not in states custody, only the JOMIS check is required);
         3. Sex Offender Registry; and
         4. Alaska Court System/Court View.
      2. Placements Under Emergency Conditions:
         1. In this context “placement under emergency conditions” means:
            1. Placement after emergency custody;
            2. Identification has occurred of a relative who wants to care for the child in OCS custody; or
            3. An emergency exists such that a child must be emergency placed.
         2. Background Checks:
            1. In this situation, placement may occur under emergency conditions before the receipt of the fingerprint results. However, completion of an APSIN computer check and the background checks in Policy (A) (1) above are required. The individuals must agree to be fingerprinted within 30 days.
            2. If the unlicensed relative already has current fingerprint results due to having another relative placed in their home, APSIN will not need to be run on the individual.
      3. The Background Check Program (BCP) in the Division of Health Care Services will process background checks on individuals required to have a criminal background check. Prospective adoptive parents, unlicensed relatives, guardians, foster parents, and household members age 16 and older will all have their background checks processed through the BCP.
      4. Procedures for background checks for foster home license applicants and household members are addressed in chapter 600 of the Community Care Licensing Manual.

   3.5.2 Barrier Crimes and Variances

   (Revision. 1/15/18)

   Authority:

   Purpose:

   Background Information:

   Policy

   1. A barrier crime variance request may be submitted by the following individuals if there is a
      history of a barrier crime or condition:
      1. Prospective adoptive parent;
      2. Foster parent;
      3. Guardian; or
      4. Household member age 16 or older.
   2. If an individual’s background check results in a barrier crime or condition, placement will not be made unless the Protective Services Manager (PSM) II approves the placement.
   3. If a child in custody already resides in the home for which an individual has a barrier crime or condition, the PSM II approval is required to continue the child’s placement, and the PSM II will assess whether the child will be safe in the home. The assessment will take into consideration whether the individual with the barrier crime or condition will continue to have contact with the child.

   3.6.1 Change or Termination of a Placement

   (Revision. 9/7/18)

   Authority:

   Purpose:

   Background Information:

   Policy:

   1. Services should be provided during the transition period to help prepare all parties for the placement change and help the family, resource family or child cope with their feelings about the change or termination of the placement.
   2. Moving a child from one full-time care provider to another full-time care provider is only explored when the placement is not meeting the child’s needs. Change of placement occurs whenever an out-of-home placement is no longer necessary:
      1. It is determined that placement is not meeting the child’s needs, or
      2. At the request of the caregiver.
   3. Prior to a placement change, a relative search will be conducted as outlined in 3.4.2 Searching for Relatives, Identifying and Processing Requests for Placement. The Protective Services Specialist (PSS) IV will certify in a Relative/Placement Search note in ORCA that a search for an appropriate relative or family friend was conducted.
   4. OCS will provide written notification of placement changes to the legal parties and to the foster parents or out-of-home caregivers. Legal Parties include the parents, legal guardian or Indian custodian and their attorneys, intervening Tribe(s), GAL/CASA, child’s attorney, and grandparents (when applicable). OCS will also provide notice to all affiliated non-intervening Tribes.
      1. Advance notice will be provided when the placement change is likely to occur in two days or more:
         1. When possible, send the notice ten days before the placement change.
         2. When ten-day notice is not possible, provide the notice will at least two days before the placement change.
      2. When OCS has less than 48 hours of notice of the placement change, a notification of change of placement will be sent within five calendar days of the change.
   5. If a foster parent grieves a non-emergency decision to remove a child placed in the foster home, the PS Specialist will follow the procedures in Section 1.6 Grievance, Fair Hearings, and Appeals.

   3.6.2 Trial Home Visit/Return Home

   (Revision. 10/1/16)

   Authority:

   Purpose:

   Background Information:

   Policy:

   1. While OCS has custody of a child, a placement in the child’s own home following an out-of-home placement is considered a trial home visit for the first six months, or for a different time period if ordered by the court.
   2. If a trial home visit lasts for longer than six months or the time period ordered by the court, or if custody is released, the child is considered to have returned home.
   3. Administrative reviews must continue during trial home visits according to schedule.
   4. Prior to placing a child at home for a trial home visit an evaluation will be completed to determine whether the household is a safe environment.
   5. If a child in OCS custody is removed from the home after a trial home visit has ended, the PSS will complete an affidavit that explains the circumstances of the removal and provide it to the assistant attorney general for attachment to a motion for removal findings.

   3.7 Reunificaiton Efforts

   (Revision. 6/1/18)

   Authority:

   Purpose:

   Background Information:

   Policy:

   1. When it is not possible to protect and maintain a child in their own home, and removal is necessary for the child’s safety, the goal of casework services is henceforth directed towards permanency for the child through family reunification, where possible. Reunification efforts are a priority for the Office of Children’s Services.
   2. Reunification efforts will continue until the court has determined that such efforts no longer are required.
   3. If reunification is not possible, the permanency goal for the child is changed and reasonable efforts are made to implement the new permanency goal.
   4. Section 4.15 Definitions includes additional information about reunification efforts and clarifies the level of services required for active efforts under ICWA.

   3.8.1 Preparation for Relinquishment of Parental Rights

   (Revision. 10/24/05)

   Authority:

   Purpose:

   Policy:

   1. All relinquishments must be executed in writing and take place either before a judge with the knowledge and approval of the department, or in the presence of the attorney who represents the parent or in the presence of the Protective Services Specialist (PSS) and another witness to which the parent agrees. For parents of children who are covered by the ICWA, the OCS will ensure that the requirements of the ICWA have been met, and no written relinquishments signed outside the presence of the judge will be accepted.
   2. The child’s adoption team will assess the plan of relinquishment, and explore alternatives to relinquishment and the legal ramifications of relinquishment with parents.
      1. Dicuss the parent’s wishes regarding the placement of their child. A written affidavit of the parent’s wishes for placement of their child may be signed at the relinquishment hearing and filed with the court. Adult family members must be considered as the first option for placements. This possibility should be thoroughly explored with the parent(s). However, while OCS will make every attempt to follow the parent(s) wishes, the parents must be informed that the best interests of the child must be paramount.
      2. Discuss parents’ interest in maintaining visitation or other kinds of contact after the adoption. A statement regarding visitation rights must be included in the relinquishment.
      3. Discuss the current law regarding confidentiality and the exchange of information between biological parents and adult adoptees. See section 6.1.1 Confidentiality.
      4. If the child is Native, discuss OCS’ responsibility to give required notice to the Tribe and to comply with the placement preferences established in ICWA. ICWA requires that records be maintained on placements documenting the efforts to comply with the ICWA placement preferences. Those records shall be made available at any time upon the request of the child’s Tribe.
   3. A relinquishment may be withdrawn within ten days after it is signed or the child is born, whichever is later. For Native children, a relinquishment will not be valid if it is executed within the first 10 days after the birth of the child. Parents of children covered by the ICWA may withdraw a relinquishment at any time prior to the entry of a final order of termination of parental rights.
   4. When parents have relinquished their parental rights with the understanding that their child will be adopted by a specific person, the PSS will notify them if the proposed placement fails. The requirement to notify the parents applies from the time of the relinquishment until the adoption is finalized, even after termination of parental rights. After receiving notice that the proposed placement has failed, a parent may notify OCS, in writing, of a desire to withdraw the relinquishment. If the parent does not submit such notice to OCS within 30 days of being notified of the failed placement, OCS is not required to have any further contact with the parent. The parent’s request to withdraw the relinquishment is not automatically granted. OCS decides whether to consent to the withdrawal or not, based on the circumstances of the case. Consents for withdrawal must be approved and signed by the Protective Services Manager II.
   5. Relinquishments out of court will preferably take place in the presence of the parent’s attorney. All relinquishments must be executed in writing and take place either before a judge or in the presence of the attorney who represents the parent or in the presence of the PSS and another witness to which the parent agrees. Examples of witnesses are attorneys, Guardian ad Litems, social workers of other jurisdictions, Notaries Public, etc.

   3.8.2 Consent to Adoption by Parent

   (Revision. 9/17/07)

   Authority:

   Purpose:

   Policy:

   1. With the knowledge and approval of the department, all consents for adoption for children in OCS custody that are signed by the parent must be executed in writing and take place before a judge or in the presence of the attorney who represents the parent or in the presence of the social workers and another witness to which the parent agrees. For Indian Child Welfare Act (ICWA) cases, the consent to adoption by parent must be signed or affirmed in state court, as opposed to Tribal court.
   2. For ICWA cases, the parents may change their mind and withdraw the consent to adoption anytime before the finalization of the adoption. This must be done through a written notice to the department, or to the court.
   3. For non-ICWA cases, the parent has ten days from the time of the signed consent to adoption by parent to change his or her mind and withdraw the consent to adoption. This must be done through a written notice to the department, or to the court if it is an ICWA case.
   4. In the consent to adopt, the parent will retain residual rights to the child up to the finalization of the adoption. Once the decree for adoption is signed by the court, the birth parent’s rights are terminated at the same time.
   5. The decision to consider consent to adoption by parent rather than a relinquishment or termination of parental rights must be based on what is in the best interest of the child. Additionally, the decision to pursue consent to adoption by parent must be discussed by the Permanency Planning Conference team.

   3.9 Preparation for Termination of Parental Rights

   (Revision. 12/3/02)

   Authority:

   Policy:

   1. Termination of parental rights means the legal severance of the parent-child relationship. This is a serious decision and is considered only when it is in the best interest of the child; and the conditions exist which are described in section 4.8 Termination of Parental Rights.
   2. The decision to terminate parental rights must be staffed. The staffing must include the Protective Services Specialist and Protective Services Manager II or their designee.
   3. It must be remembered that while the division may recommend that the court terminate parental rights, the court will weigh the evidence and make the decision.
   4. A petition for termination of parental rights must be filed in certain situations and in accordance with the timelines required by state and federal law. (see section 4.8 Termination of Parental Rights).

   3.10 Return to Biological Parents After Termination of Parental Rights

   (Revision. 12/3/02)

   Authority:

   Policy:

   1. If circumstances change to the extent that the best interest of the child would be served by returning the child to the biological parents even after their parental rights have been terminated, this option will be explored.
   2. Native Children:
      1. The Indian Child Welfare Act gives biological parents the right to withdraw consent to termination of parental rights for any reason up to the entry of a termination order. After entry of the order, parents have the right to petition for the return of an Alaska Native/American Indian child before an adoption has been finalized or after an adoption has been vacated or set aside or the adoptive parents voluntarily consent to the termination of their parental rights. When a Protective Services Specialist (PSS) has knowledge that an adoptive placement has failed, the PSS will, as soon as practicable, notify the child’s Tribe in writing and attempt to notify the biological parents.
      2. In ICWA cases, after the entry of an adoption order, parents have the right to withdraw consent to termination of parental rights on the grounds that the consent was obtained through fraud or duress.
   3. All Children:
      1. In considering the return of a child to the biological parents after parental rights have been terminated, the PSS will follow the same placement procedure as followed in other cases.

   3.11.1 Minor Guardianship

   (Revision. 11/1/18)

   Authority:

   Purpose:

   Background Information:

   Policy:

   1. A child/youth should be in a finalized guardianship within 18 months of coming into care. The plan for guardianship may be considered for all children in OCS custody who are under age 18 and in a safe and permanent living situation.
   2. Guardianship may expedite timely permanency for a child/youth when it is determined that the child/youth cannot return home, as guardianship finalization does not require a termination of parental rights. For children legally free for adoption, the guardianship should only be considered when in the child’s best interest.
   3. The child must be consulted about the guardianship if they are 14 or older. Information about other permanency options will be provided to the child/youth. A child/youth does not have to agree to the guardianship for a guardianship to be issued by the court if guardianship is in the child’s best interest.
   4. Guardianship is appropriate to explore with the parents, child/youth relatives, extended family members or Fictive kin in all cases when one or more of these conditions apply:
      1. The child is placed with a relative, Extended Family Member or other fictive kin who agrees to parent the child until the child reaches the age of majority and to remain a permanent connection for the child throughout their life.
      2. The prospective guardian has a strong commitment to caring permanently for the child, and the child demonstrates a strong attachment to the prospective guardian.
      3. When the child has a close and positive relationship with the parent, and termination of parental rights is not necessary to provide a secure and appropriate placement for the child. For example, when the parents’ actions or inactions are not the cause of the child being in need of aid, such as if the child is developmentally disabled, delinquent, or otherwise has needs that simply cannot be met by the parents without assistance from the state.
      4. Where the child is an Indian child as defined in the Indian Child Welfare Act (ICWA), the child’s Tribal culture does not acknowledge termination of parental rights as a viable option, and the Tribe has identified and offered an alternative permanent placement plan for the child that is in the child’s best interests.
      5. The child has a sibling(s) who will not be the subject of termination proceedings, and it is not in the best interest of the child to separate from the other sibling(s).
      6. The child desires a guardianship plan, and the birth parents agree. Or, if they do not agree, are not likely to interfere with the guardianship plan.
   5. The child must have lived with the prospective guardian for at least six months to qualify for a guardianship subsidy.
   6. If the prospective guardian is not a relative, extended family or fictive kin, the eligibility for guardianship subsidy will be determined to be a State Guardianship with no Medicaid benefits.
   7. The guardianship homestudy should be referred to expedite the guardianship finalization as soon as OCS is ready to proceed with finalizing the guardianship. The guardianship homestudy is only valid for one year; referral should only occur if the family is ready to proceed to avoid the family having to complete more than one homestudy.

    3.11.2 Adult Guardianship and Conservatorship

   (Revision. 11/1/18)

   Authority:

   Purpose:

   Background Information:

   Policy:

   1. Adult guardianship will be evaluated for all youth who may require court-ordered assistance to live independently.
   2. The conservatorship will be evaluated for all youth determined to have an inability to manage their financial affairs in adulthood but otherwise able to care for themselves.
   3. OCS will begin to evaluate youth who may require an adult guardian or conservator when the youth in custody turns 17 years old.
   4. The youth’s transition plan will address the steps needed to attain adult guardianship or conservatorship. The transition plan will address all actions needed to ensure that the youth retains eligibility for benefits for which the youth is eligible and that application is made for benefits the youth may become eligible for when reaching age 18.
   5. Planning for adult guardianship or conservatorship will involve the youth’s guardian ad litem (GAL) or Court Appointed Special Advocate (CASA), and other parties to the case.
   6. Once the guardianship referral is initiated, OCS may not release custody of the youth until the guardianship or conservatorship process has concluded with a court order.

   3.12 Permanent Placement with a Fit and Willing Relative

   (Revision. 3/1/14)

   Authority:

   Purpose:

   Background Information:

   1. The goal of permanent placement with a fit and willing relative is only applicable to youth age 16 and older. This goal is appropriate for youth age 16 and older who will not be reunified, adopted, or placed in a guardianship. This is a preferred goal over APPLA.
   2. The goal of permanent placement with a fit and willing relative cannot be a primary or secondary goal without first completing an administrative review.
   3. When placement with fit and willing relative is made the permanency goal for a youth, the intent must be that the youth remain in OCS custody until the age of majority.
   4. An approved relative home study is required.
   5. In the context of this section, “relative” means an individual who is related to the youth by blood, adoption, marriage, or Tribal custom.

   4.0 Court Proceedings – Introduction

   (Revision. 9/1/13)

   Background, Policy, and Procedure:

   1. The child protection statutes (AS 47.10) set the criteria by which the State may legally intervene on behalf of children. These statutes provide the legal authority for protecting children from harm that is the result of parental conduct. The statutes that govern the Child in Need of Aid (CINA) process are located in AS 47.06.010, AS 47.10, AS 47.14 and AS 47.17 and in the Indian Child Welfare Act (25 U.S.C. §§ 1901 – 1963). The requirements of the Adoptions and Safe Families Act (42 U.S.C. §§ 671 – 675) are incorporated in various state statutes. The court rules that govern CINA cases are called the Child in Need of Aid Rules. Both state and federal requirements have been incorporated in those rules. The regulations promulgated by OCS are found at 7 AAC 50 to 7 AAC 57.
   2. The Child Protection Section of the Attorney General’s Office represents the Office of Children’s Services (OCS) in court. Each abuse or neglect case that enters the legal system is assigned to an assistant attorney general. The Attorney General’s Office has several child protection offices throughout the state to work with cases regionally, where possible.
   3. A CINA case has many steps and can be complicated. The Attorney General’s Office and OCS partner together to move each case through the legal system as effectively and efficiently as possible with the goal of achieving the best outcome possible for children and families.

   4.1 Rights, Responsibilities, and Roles of Parties and Participants in Court Proceeding

   (Revision. 9/1/13)

   Authority:

   Background, Policy, and Procedure:

   A “party” to a Child in Need of Aid (CINA) case means the child, the parents, the guardian, the guardian ad litem (GAL), the department, an Indian Custodian, if applicable, an Indian child’s Tribe that has intervened, and any other person who has been allowed to intervene by the court. Each party may be represented by legal counsel. Other participants who are not legal parties but who have limited rights and responsibilities include grandparents and foster parents/caregivers. Parties and participants are entitled to notice at different stages of the proceedings; see section 6.6.3 Notifications for a detailed explanation of notice requirements. It is essential for Protective Services Specialists (PSS) to know and understand the role of each party and participant.

   1. Child:

      1. The child is the focus of all child protection proceedings. While younger children generally do not participate in court hearings unless called to testify, it is important that older children be kept informed of the status of legal proceedings and invited to court hearings when appropriate. The PSS may collaborate with the GAL and Court Appointed Special Advocate (CASA) to ensure that children are appropriately informed and heard.

   2. Parents:

      1. Rights and Responsibilities: When a child is committed to the custody of the department but parental rights have not been terminated, the child’s parents retain residual rights and responsibilities.
         1. Unless granted by court order to a guardian, parents’ residual rights and responsibilities include:
            1. the right and responsibility of reasonable visitation;
            2. the right to consent to marriage;
            3. the right to consent to adoption;
            4. the right to consent to military enlistment;
            5. the right to consent to major medical treatment except in cases of emergency or cases covered by AS 25.20.025 (major medical treatment includes the administration of medication used to treat a mental health disorder); and
            6. the responsibility for financial support.
         2. If parental rights have been terminated, there are no residual parental rights or responsibilities, unless a right of contact or visitation was retained in a relinquishment. The department assumes all residual parental rights unless a guardian has been appointed.
         3. When a child is committed to the custody of the department and the department places the child with the child’s parent, the parent has the responsibility to provide for food, clothing, shelter, education, and medical care for the child.
      2. Role in Court Proceedings: Parents are parties to their child’s case and
         1. are served with notice of all court hearings pertaining to their child;
         2. have the right to be represented by counsel at all stages of the proceedings (when appropriate, the court may appoint an attorney for a parent);
         3. have a right to be heard in all court proceedings pertaining to their child (if the court decides to exclude a parent during the child’s testimony, the parent has a right to listen to a recording of the testimony); and
         4. have a right to request that a hearing be closed to the public.

   3. Guardian:

      1. A guardian is a person appointed by the court to act as a parent to a child. A child who is taken into custody by the department may already have a guardian, or the court may appoint a guardian during the course of a (CINA) case. A “guardian ad litem” is not a guardian.
         1. Rights and Responsibilities: If the court appoints a guardian for the child, the guardian’s rights and responsibilities will be specified by court order and may include:
            1. the right and responsibility of reasonable visitation;
            2. the right to consent to marriage;
            3. the right to consent to military enlistment;
            4. the right to consent to major medical treatment;
            5. the right and responsibility to obtain representation for the child in legal actions; and
            6. the right and responsibility to make decisions of legal or financial significance concerning the child.These rights, similar to those of a parent, may be affected by the department having custody in the same way a parent’s rights may be affected.
         2. Role in Court Proceedings: While a guardianship is in effect, a guardian’s role in the child’s case is similar to the role of a parent.

   4. Grandparents:

      1. Rights and Responsibilities:
         1. A child’s grandparent has the right to advance written notice of all court hearings in the child’s case, as outlined in section 6.6.3 Notifications, if:
            1. the grandparent has contacted OCS, provided evidence acceptable to OCS of being the child’s grandparent, requested notice of hearings in the child’s case, and provided OCS with a current mailing address; or
            2. OCS staff is aware that the child has a grandparent and has the grandparent’s mailing address on file.
         2. Evidence of Relationship:
            1. If the grandparent claims to be a grandparent of the child and the child’s parent(s) confirms the claim, this constitutes acceptable evidence of the relationship.
            2. If a parent of the child is not available to confirm the claim, or if the child’s parent(s) denies the relationship, the grandparent will be required to provide evidence in the form of birth certificates.
         3. OCS is not required to give notice of hearings if:
            1. the grandparent has been convicted of a crime in which the child was the victim; or
            2. the grandparent is prohibited by court order from having contact with the child.If the PSS receives documentation of a grandparent having been convicted of a crime against the child or that a court order has been issued prohibiting contact with the child, the PSS will inform the OCS-designated administrative clerk that notification should cease.
         4. Grandparents do not have party status unless permitted by the court to intervene.
      2. Role in Court Proceedings: Grandparents who are entitled to notice are entitled to be heard at the hearing. The court may limit the presence of the grandparent if:
         1. it is in the best interest of the child; or
         2. it is necessary to protect the parties’ privacy interests, and it will not be detrimental to the child to do so.

   5. Department and OCS PSS:

      1. Rights and Responsibilities:
         1. The department becomes the legal custodian of a child when the court commits the child to the custody of the department. When this happens, certain responsibilities are imposed upon the department:
            1. the responsibility of physical care and control of the child, including determination of where and with whom the child will live;
            2. the responsibility to provide the child with food, shelter, education, and medical care unless the child in the department’s custody is placed with a parent;
            3. the right and responsibility to protect, nurture, train and discipline the child; and
            4. the right and responsibility to make decisions of financial significance concerning the child.
         2. PSS responsibilities:
            1. The PSS assesses the level of danger to a child and takes whatever action is necessary to ensure the child’s well-being.
            2. The PSS meets with the parents and develops a case plan, assists the parents in obtaining services and completing case plan requirements, and monitors the parents’ progress. In some cases, the PSS may perform these activities with a guardian or Indian custodian rather than a parent.
            3. The PSS arranges for reasonable visitation between the child and the parents, guardian, Indian custodian, and other relatives as appropriate.
            4. The PSS documents all actions taken and provides the documentation to the assistant attorney general (AAG) for distribution to the parties as discovery.
            5. If the permanency plan for the child has a goal other than Reunification, the PSS makes efforts to place the child in a placement consistent with the permanency plan and takes whatever action is necessary to achieve the plan.
            6. The PSS attends all court hearings and meetings and keeps track of all future hearing and meeting dates, deadlines, and expiration dates.
      2. Role in Court Proceedings:
         1. With regard to court proceedings, the primary functions of the PSS are to evaluate the need for legal intervention, ensure that there is sufficient evidence to justify legal intervention, attend all hearings and meetings, make recommendations regarding disposition of the case, and testify if called upon to do so.
         2. The PSS consults with the PSS IV and the AAG in choosing the appropriate legal steps. The PSS may be asked to assist the AAG in preparing the case for court.
         3. The PSS is responsible for preparing, or assisting in the preparation of, court paperwork. The PSS, in consultation with the AAG, will ensure that court documents are completed as required and timely filed.

   6. Indian Custodian:

      1. “Indian custodian” means any Indian person who has legal custody of an Indian child under Tribal law or custom, or under State law, or to whom temporary physical care, custody, and control has been transferred by the parent of such child.
         1. Rights and Responsibilities: Under the Indian Child Welfare Act (ICWA), the Indian custodian is a full legal Party to the Case and is granted some of the same rights that a parent has, though not all. The Indian custodian has a right to court-appointed counsel if they cannot afford to hire an attorney.
         2. Role in Court Proceedings: While an Indian custodianship is in effect, an Indian custodian’s role in the child’s case is similar to the role of a parent. However, an Indian custodian’s role may change or end during the course of the case depending on the circumstances.

   7. Indian Child’s Tribe:

      1. An Indian child’s Tribe is the Tribe in which the child is a member or eligible for membership. Multiple Tribes may be involved at the investigation phase of a case. In CINA proceedings, the child’s Tribe is the Tribe with which the child has the most significant contacts. The Tribes determine which Tribe has the most significant contacts. The Tribe with less significant contacts may still participate in a CINA case as a secondary Tribe. If all parties agree, a non-intervening Tribe may participate in the case and may have access to information as outlined in section 6.1.1 Confidentiality, Background Information.
         1. Rights and Responsibilities
            1. Jurisdiction: See section 4.14 Tribal Jurisdiction.
            2. Intervention: The Indian child’s Tribe has the right to intervene at any point in a proceeding. If the Tribe moves to intervene and that intervention is accepted by a state court, the Tribe becomes a full legal party to the case.
            3. Discovery and Examination of Records: Once an Indian child’s Tribe intervenes and becomes a party to the case, the Tribe may examine all reports or other documents filed with the court, as well as any information upon which the department will make decisions regarding the child.
            4. Transfer of Jurisdiction: An Indian child’s Tribe has the right to request that a proceeding be transferred to the jurisdiction of its Tribal court. If such a transfer occurs, the case filed in state court will be closed. See section 4.14 Tribal Jurisdiction for specific transfer requirements and procedures.
         2. Role in Court Proceedings: The Tribe’s role in an Indian child’s case is to ensure that the child’s Indian heritage is recognized and respected, the child’s cultural needs are met, and ties to the child’s family and village are maintained.

   8. Foster Parents/Relative Caregivers:

      1. Rights and Responsibilities: Foster parents and relative caregivers have the right to notice of all hearings but do not have party status. At emergency placement, the PSS will tell the foster parent/caregiver that there will be a hearing within 72 hours and that the PSS will notify the foster parent/caregiver of the time of the hearing as soon as the PS Specialist knows. The PSS should ask the foster parent/caregiver to keep the PSS notified of where the foster parent/caregiver can be reached.
      2. Role in Court Proceedings: Foster parents/caregivers are entitled to be heard at the hearing, but the court may limit the presence of the foster parent/caregiver if:
         1. it is in the best interest of the child; or
         2. it is necessary to protect the parties’ privacy interests, and it will not be detrimental to the child to do so.

   9. Attorneys and Advocates:

      1. Assistant Attorney General (AAG): The AAG is the attorney who represents the department in the case. The function of the AAG is to assist PSS in bringing a petition before the court. The AAG is responsible for reviewing the petition before it is filed and for preparing other required legal documents. As the legal representative of the department, the AAG provides consultation and legal guidance in matters regarding children’s proceedings and advocates for the department at all hearings. Although the AAG works closely with OCS PSS in court proceedings, it is important to remember that the AAG represents the department as a state agency, not the individual PSS personally.
      2. Guardian ad litem (GAL): The GAL is appointed by the court to serve as an advocate for the best interests of the child and to ensure that the court has adequate information regarding the case in order to consider all options. In many areas the GAL is an attorney, but anyone can be appointed. Occasionally a non-attorney GAL may be assisted by an attorney, usually at a contested hearing where complicated legal issues are being litigated. While the PSS should work cooperatively with the GAL, it is important to remember that the GAL is independent of OCS and may differ with the department’s position in a case. Information provided by a PSS to a GAL is not protected by any privilege and is therefore discoverable to all parties.
      3. Court Appointed Special Advocate (CASA): A CASA is a volunteer who is trained to assist the GAL in advocating for the best interests of the child. Some CASAs may be trained to perform all the duties of a GAL. Each CASA is supervised by an active GAL and is independent of OCS.
      4. Child’s Attorney: The function of the child’s attorney is to advocate what the child wants when the child is old enough to state his/her position. Attorneys for children are used in delinquency proceedings or in child protection proceedings when the GAL and the child substantially disagree on what is in the child’s best interest.
      5. Parent’s Attorney: The function of the parent’s attorney is to ensure that the rights of the parent are adequately protected and to advocate the parent’s position in court. Any legal (i.e., biological or adoptive) parent, even a non-custodial one, is entitled to counsel.
      6. Attorney for Guardian, Indian Custodian, or Tribe: In some cases, a guardian, Indian custodian, or Tribe may be represented by an attorney.

   10. State Judicial System:

       1. Superior Court: The function of the Superior Court is to conduct hearings in matters concerning minors who were under eighteen years of age at the time the petition was filed. The two types of children’s matters heard in Superior Court are CINA cases and juvenile delinquency cases. A delinquent child is one who is found to have violated a criminal law of the state. A child in need of aid is one in need of protection from abuse or neglect. The court has the authority to enforce the child protection statutes and to monitor services to families. In some cases, the court may terminate the parent/child relationship and permanently remove the child from their parents.
       2. Masters: In Anchorage, a superior court master (a magistrate who is appointed for a year at a time to conduct CINA and delinquency proceedings) hears most non-contested CINA cases and makes recommendations to the superior court judge as to the appropriate findings and orders. In other locations, particularly where no superior court judge resides, the magistrate or a district court judge may be appointed as a master for a particular court proceeding, e.g., to preside over a temporary custody hearing or to take a Stipulation. Masters can issue some orders independently, but others must be approved by a superior court judge to be final.
       3. Magistrates and District Court Judges: In addition to situations where a magistrate or district court judge has been ordered to act as a master, magistrates and district court judges may act when a child is in danger and immediate action is required, and no superior court judge or authorized master is available. The action taken, however, must be the least restrictive (in terms of interference with the family relationship) action necessary to protect the minor and must be one which a superior court judge would be authorized to take under the circumstances. The magistrate must immediately notify the superior court of the facts of the case and transfer the case file to the superior court for further action.

    

   4.2 Emergency Custody

   (Revision. 9/1/13)

   Authority:

   Background, Policy, and Procedure:

   1. Grounds for Emergency Custody: Under the circumstances specified below, OCS PSS are authorized to take emergency custody of a child without a prior court order. Emergency custody may be assumed and a petition filed when one of the following factors exists:
      1. the child has been abandoned, as abandonment is described in AS 47.10.013; or
      2. the child has been neglected by the child’s parents, Indian Custodian, or guardian, as neglect is described in AS 47.10.014, and OCS determines that immediate removal from the child’s surroundings is necessary to protect the child’s life or provide immediate necessary medical attention; or
      3. the child has been subjected to physical harm by a person responsible for the child’s welfare, and OCS determines that immediate removal from the child’s surroundings is necessary to protect the child’s life or that immediate medical attention is necessary; or
      4. the child or a sibling has been sexually abused under circumstances listed in AS 47.10.011(7).
   2. When emergency custody is assumed a petition must be filed or the child must be released within 24 hours.
   3. Filing an Emergency Petition for Adjudication of Child in Need of Aid:
      1. Procedural steps in filing a petition include:
         1. The PSS consults with the PSS IV regarding all facts and information available, so that a mutual decision about filing the petition can be made.
         2. In some offices, the PSS contacts an assistant attorney general (AAG) or locally designated person to discuss the petition and assist in filing it with the court. In many offices, the PSS drafts the petition and has it reviewed by an AAG before it is filed.
         3. When there is more than one child in a family involved and some or any of the facts of an incident or situation differ between children, it may be necessary to prepare a separate petition for each child. This is a matter of local practice, so PSS should consult their AAG.
         4. When completing the petition, which is available as a template in ORCA, the PSS will include facts that support each allegation under AS 47.10.011 and the relief requested, including sufficient specific dates, times, and places, giving the parent and the court information about the behaviors supporting intervention and the relief requested.
      2. Petitions should be amended when new relevant information becomes known prior to adjudication.
      3. The PSS may ask the AAG to move to dismiss a petition when circumstances change so that facts no longer support court intervention. However, once the petition has been filed, a motion must be filed to dismiss and an order issued. A court hearing is not always necessary.
   4. Notice: For notice requirements pertaining to emergency custody, see section 6.6.3 Notifications.
   5. Release from Custody within 24 hours: If OCS assumes emergency custody but within 24 hours determines that there are no grounds for retaining legal and physical custody and that filing an emergency Child In Need Of Aid petition is not necessary, OCS shall:
      1. Release the child to a parent or Indian custodian (as defined by 25 U.S.C. 1903(6)) who was the custodian at the time of removal; and
      2. File a report with the court within 24 hours of such release that explains why the child was taken into custody, why the child was released, and to whom the child was released.
   6. Across the state, different judicial jurisdictions sometimes have different practices involving emergency custody petitions and hearings. Consult your AAG or their designee regarding specific jurisdictional practices.

   4.3 Petition for Adjudication of Child in Need of Aid

   (Revision. 9/1/13)

   Authority:

   Background, Policy, and Procedure:

   1. When to File:A “Petition for Adjudication of Child in Need of Aid and for Temporary Custody” is filed in all cases in which OCS believes that
      1. a child is a child in need of aid because the child has been subjected to conditions or conduct described in one or more subsections of AS 47.10.011; and
      2. temporary custody by the department is necessary to protect the child from further harm or risk of harm.
   2. Types of Petitions:
      1. Emergency Petition: An “Emergency Petition for Adjudication of Child in Need of Aid” is filed after emergency custody is assumed, as outlined in section 4.2 Emergency Custody.
      2. Non-Emergency Petition: A “Non-emergency Petition for Adjudication of Child in Need of Aid and Temporary Custody” is filed when emergency custody is not necessary, but efforts to work with the family voluntarily have not succeeded in achieving an adequate level of care for the child.
   3. Procedural Steps in Drafting and Filing a Petition:
      1. The PSS consults with the PSS IV regarding all facts and information available so that a mutual decision about filing a petition can be made.
      2. The PSS drafts the petition using the templates available in ORCA. The petition is reviewed by the PSS IV, then filed with the court.
      3. In some offices, it may be customary for the PS Specialist to provide the draft petition to an Assistant Attorney General (AAG) for review and/or for filing with the court.
   4. Form of Petition:
      1. The following information must be included in a Petition for Adjudication of Child in Need of Aid:
         1. name, address, and age of the child;
         2. names and addresses of the parent(s) of the child (include the names of all putative fathers for purposes of facilitating paternity testing), and the legal guardian or Indian Custodian of the child if appropriate;
         3. name, work address, and occupation of PSS;
         4. the possible Tribal affiliation(s) of the child;
         5. the specific section or sections of AS 47.10.011 describing the conduct or conditions to which the child has been subjected;
         6. facts that support each allegation being made under AS 47.10.011 and the relief requested, including specific dates, times, and places, in order to give the parent and the court sufficient information about the conduct or conditions supporting OCS intervention (a non-emergency petition must specifically state that the parental conduct or conditions described in AS 47.10.011 exist but immediate removal is not necessary under AS 47.10.142(a));
         7. a request that the court issue an order for the parent(s) to complete and mail or deliver the Child Support Services Division forms included in the Child Support Packet within 30 days, and for child support to be determined by the Child Support Services Division and order the Child Support Services Division to establish a support order.
      2. If the child is believed to be an Indian child, an emergency petition must be supported by a sworn statement of facts showing that removal of the child is necessary to prevent imminent physical damage or harm to the child.
      3. When there is more than one child in a family, and some or any of the facts of an incident or situation differ between children, it may be necessary to prepare a separate petition for each child. This is a matter of local practice, so PSS should consult the AAG for guidance.
   5. After the Petition Is Filed:
      1. Before the initial hearing, the department must make diligent efforts to locate each parent, guardian, and Indian custodian (if applicable) and to give each a copy of the petition for adjudication, along with actual notice of the time and place of the initial hearing and of the parties’ right to counsel. The department must also give actual notice of the initial hearing to any foster parent or other out-of-home care provider. If the case involves an Indian child, the department must make reasonable efforts to identify and provide actual notice of the initial hearing to the Indian child’s Tribe.
      2. The petition should be amended when new relevant information becomes known prior to adjudication.
      3. The PS Specialist may ask the AAG to move to dismiss a petition when circumstances change so that current facts no longer support court intervention. However, once the petition has been filed, a motion must be filed to dismiss and an order issued. A court hearing is not always necessary.

   4.4.1 Participation in Court Hearings

   (Revision. 9/1/13)

   Authority:

   Background, Policy, and Procedure:

   1. Persons Entitled to Be Heard at Court Hearings:
      1. The persons to whom the department is required to give notice of hearings are also entitled to be heard at the hearing. This includes: the child, parents, guardian, guardian ad litem, Indian Custodian and Indian child’s Tribe, if applicable, a foster parent or other out-of-home care provider, and each grandparent entitled to notice under AS 47.10.030(d) (see section 4.1 Rights, Responsibilities, and Roles of Parties and Participants in a Court Proceeding).
      2. The court may limit the presence of the foster parent or other out-of-home care provider and of any grandparent to the time during which the person’s testimony is being given if it is in the best interest of the child or necessary to protect the privacy interests of the parties and will not be detrimental to the child.
   2. Telephonic Participation in Hearings:
      1. The court may authorize telephonic participation by any witness or party in any hearing, as long as there is good cause for the telephonic appearance and opposing parties are not substantially prejudiced.
      2. There is a benefit from, and therefore a strong preference for, the court and parties being able to see and hear the witnesses. Thus, the decision to request telephonic participation should be made by the AAG. It is most often justified for a hearing on short notice or when the party or witness cannot reasonably get to the place of the hearing.
      3. The cost of the telephone call is borne by the party benefiting from the telephonic participation. If more than one party will be participating telephonically, the court may require that a conference call be arranged in advance. The PSS may be asked to help make these arrangements.

   4.4.2 Preparation of Participants in Court Hearings

   (Revision. 9/1/13)

   Policy and Procedure:

   1. The PSS may be asked by the Assistant Attorney General (AAG) to assist in preparing the child or witnesses for court.
   2. Preparing the Child: If the child will be appearing or testifying in court, the PSS will help the AAG prepare the child by:
      1. introducing the child to the AAG;
      2. showing the child the courtroom before the hearing, if requested;
      3. assisting the child in planning how to deal with expected feelings;
      4. working through feelings with the child, or ensuring that the child’s counselor does.
      5. The guardian ad litem and CASA may also be of assistance in preparing the child.
   3. Preparing Witnesses:
      1. Persons having first-hand knowledge of the facts alleged in the petition may be required to appear as witnesses in the court proceedings.
      2. The AAG usually decides who the witnesses will be and prepares a witness list for the court. The AAG may ask the PSS to assist in determining which witnesses should be called to testify.
      3. The AAG may ask the PSS to notify the witnesses to expect a subpoena, advise them of the reason for the court proceeding, and help schedule a meeting with the AAG.
      4. The AAG may ask the PSS to assist the witnesses by explaining what is expected of them in the court process and emphasizing the importance of their testimony.
   4. PSS Preparation:
      1. The PSS will:
         1. Review the file in preparation for the hearing and bring the file to court.
         2. When testimony is necessary, be prepared to testify as to all facts of the case that support the allegations in the petition, ensuring that all reports of contact are reviewed and considered. Preparing a chronology of the contacts and events in the case may be of substantial assistance.
         3. Ensure that up-to-date discovery has been provided to the AAG.
         4. Dress appropriately for court as defined by local standards.
      2. The AAG may offer the PSS as an Expert Witness. If the court qualifies the PSS as an expert, the PSS may offer professional opinions in addition to factual testimony. In preparation for testimony as an expert, the PSS must be prepared to explain the education and experience upon which that expertise is based.

   4.4.3 Pre-Court Conferences

   (Revision. 9/1/13)

    

   In some jurisdictions, parties meet at court before the hearing – usually one-half hour prior to the hearing time – to discuss the case in preparation for the hearing. The PSS will be aware of whether such a pre-court conference is scheduled and appear at the appointed time. The PSS should also ensure that the child, parents, guardian, out-of-home care provider, Indian Custodian, Indian child’s Tribe, and grandparents are aware of the pre-court conference.

   4.5 Court Hearings, Findings, and Orders

   (Revision. 10/1/15)

   Authority:

   Background, Policy, and Procedure:

   1. Protective Services Specialists (PSS) will appear for court on time, appropriately dressed in conformance with local standards, and prepared for the hearing. PSS will conduct themselves in a professional and respectful manner at all times and bring all legal concerns to the attention of their supervisor and AAG. If the assigned PSS will not be available to attend the hearing, the PSS will ensure that another PSS will cover the hearing and that the covering PSS is adequately prepared.
   2. Occasionally, especially on weekend days and holidays, a PSS may be called upon to appear in court without benefit of an attorney. In such cases, the PSS may be expected to present evidence by testifying and explaining to the court the action recommended at the time and by identifying for the court others who can testify to important facts. The PSS should always address the court, opposing parties, and witnesses with respect. If the PSS believes the judge has made an incorrect finding or ruling, the matter should immediately be brought to the attention of the PSS IV and AAG to be evaluated for possible appeal. The PSS should never argue with the judge during the court hearing. The PSS may ask for a brief recess to consult with the PSS’s supervisor or AAG by telephone.
   3. Hearings of all types are often continued to a later date for many reasons. PSSs must be prepared to proceed as scheduled but should be aware that the issues to be addressed at any given hearing may not be resolved at a single hearing time.
   4. The PSS must not have contact with the judge outside a court hearing on the merits of any case.

   4.5.1 Probable Cause/Temporary Custody Hearing

   (Revision. 10/1/15)

   Authority:

   Background, Policy, and Procedure:

   1. Purpose of Hearing: At a probable cause/temporary custody hearing, the court considers the allegations in the petition and determines:
      1. Whether there is probable cause to believe the child is a child in need of aid;
      2. Whether the department should be granted temporary custody of the child; and
      3. Whether the child should be placed outside of the home.
   2. Time Limit: If an emergency petition has been filed, the hearing must be held within 48 hours of the filing of the petition. If a non-emergency petition has been filed, the hearing must be held within a “reasonable time” (usually within two weeks).
   3. Standard of Proof: “Probable cause” means enough evidence to convince the court that there is a fair probability or substantial chance that the child has been subjected to conditions or conduct described in at least one subsection of AS 47.10.011.
   4. Presentation of Evidence: Often the parties in a case will stipulate to probable cause and temporary custody, thereby eliminating the need for presentation of evidence. However, if a party opposes the department’s petition, the PSS and/or other witnesses may be required to testify regarding the allegations in the petition. Because hearsay is generally admissible at a probable cause/temporary custody hearing, the child will not usually have to testify at this stage of the proceedings.
   5. Dismissal for Lack of Probable Cause: If the court determines that probable cause does not exist, this means the court does not have jurisdiction under the child in need of aid statutes, and the case must be dismissed.
   6. Legal Custody or Supervision: If the court finds that there is probable cause, the court will next determine whether the child should be placed in the temporary legal custody of the department or left in the legal custody of the parent, guardian, or Indian Custodian under the supervision of the department until disposition.
   7. Removal Findings: If the court grants the department temporary legal custody of the child, the court will next determine whether the child should be placed outside of the home or remain placed in the home. In order for the department to place the child outside of the home, the court must find that continued placement in the home of the child’s parent, guardian, or Indian custodian is Contrary to the Welfare of the child; and, if the child is an Indian child, that:
      1. removal from the child’s parent or Indian custodian is necessary to prevent imminent physical harm to the child; or
      2. there is Clear and Convincing Evidence, including the testimony of a qualified Expert Witness, that the child is likely to suffer serious emotional or physical damage if left in the custody of the parent or Indian custodian.If the testimony of an expert is necessary, the PSS should consult with the AAG to determine who should be offered as an expert witness.
   8. Efforts to Prevent Removal: If placement outside of the home is requested, the court must also make findings regarding the department’s efforts to prevent out-of-home placement.
      1. The court must determine whether the department has made reasonable efforts to prevent out-of-home placement. If the department assumed emergency custody of the child, the court may find that it was not possible under the circumstances to make efforts that would have prevented removal of the child.
      2. If the child is an Indian child, the court must determine whether the department has made Active Efforts (a higher level of efforts than reasonable efforts) to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family, and whether the department has complied with the placement preferences of section 1915(b) of the Indian Child Welfare Act.A finding that the department has not made active or reasonable efforts does not alone require the department to return the child to the home. It may, however, affect the department’s ability to obtain federal foster care funding for the child.
   9. Other Findings, Orders, and Inquiries: The court may make other findings or orders regarding the terms, conditions, and duration of the child’s placement. The court may also inquire of the parents regarding Tribal affiliation(s), placement options, or the whereabouts of any Absent Parent, if this information has not been provided previously.
   10. Supervision – No Removal: If the court grants the department supervision of the child rather than temporary legal custody, the department cannot remove the child from the home absent an emergency or further court order.
   11. Further Proceedings: At the conclusion of the hearing, if the case has not been dismissed, the court will schedule a pretrial conference, and the parties will set a time and place to meet informally prior to the pretrial conference to discuss the case.

   4.5.2 Meeting of the Parties (ICC) and Pretrial Conference

   (Revision. 10/1/15)

   Authority:

   Background, Policy, and Procedure:

   1. Meeting of the Parties: After the probable cause/temporary custody hearing, the parties meet informally to discuss the case plan and the parties’ positions regarding adjudication. This meeting, held outside of court, may be referred to locally as an “initial case conference,” “ICC,” “status conference,” or other similar name. The time and place of the meeting are generally determined by the parties at the conclusion of the probable cause hearing. The parties and their attorneys are jointly responsible for preparing and submitting a written summary of the meeting to the court within 10 days after the meeting; in some jurisdictions there is a form for this purpose.
   2. Pretrial Conference: A pretrial conference is a hearing held to update the court on the progress of the case and the parties’ positions regarding adjudication. At the pretrial conference, the court and parties may:
      1. consider efforts to locate and serve all parties;
      2. simplify the issues;
      3. consider amendments to the petition or other pleadings;
      4. resolve any discovery issues;
      5. resolve any pending motions;
      6. discuss options for settling the case, including alternative dispute resolution methods such as mediation or family group conferencing;
      7. consider the possibility of agreeing to certain facts or legal conclusions, or to the submission of documents that may avoid the introduction of unnecessary testimony;
      8. discuss the need for, and any limitations upon, expert testimony;
      9. determine whether the child will be present and/or testify at trial and, if so, under what conditions;
      10. determine how long the evidence will take to present; and
      11. consider any other matters relevant to trial or resolution of adjudication.

   If the parties are prepared to stipulate to adjudication at the time of the pretrial conference, the court may accept the Stipulation and schedule a disposition hearing. If the parties are not prepared to do so, the matter may be set for an adjudication trial or another pretrial conference.

   4.5.3 Adjudication Hearing

   (Revision. 10/1/15)

   Authority:

   Background, Policy, and Procedure:

   1. Purpose of Hearing: An adjudication hearing is a fact-finding hearing at which the court determines whether the child is a Child In Need Of Aid under AS 47.10.011.
   2. Time Limits:
      1. An adjudication hearing must be completed within 120 days after a finding of probable cause is entered, unless the court finds good cause to continue the hearing. When determining whether to grant a continuance for good cause, the court must take into consideration the age of the child and the potential adverse effect that the delay may have on the child.
      2. In cases involving an Indian child, an adjudication hearing cannot be held until at least 10 days after receipt of notice by the parent or Indian Custodian, and by the Indian child’s Tribe or the Bureau of Indian Affairs. The parent, Indian custodian, or Tribe, shall, upon request, be granted up to an additional 20 days to prepare for the hearing.
   3. Standard of Proof: In order to find that the child is a child in need of aid, the court must find by a preponderance of the evidence – in other words, that it is more likely true than not true – that the child has been subjected to conditions or conduct described in at least one subsection of AS 47.10.011. The court may not find a child to be a child in need of aid solely because the child’s family is poor, lacks adequate housing, or exhibits a lifestyle that is different from the generally accepted lifestyle standard of the community where the family lives.
   4. Presentation of Evidence: Often the parties in a case will stipulate to adjudication and continued temporary custody, thereby eliminating the need for presentation of evidence. However, if a party opposes the department’s petition, the PSS and/or other witnesses may be required to testify regarding the allegations in the petition. Because hearsay is generally not admissible at adjudication to prove the child is a child in need of aid, the child may have to testify at this stage of the proceedings.
   5. Stipulations Involving Indian Children: If the case involves an Indian child, any Stipulation to adjudication must be in writing, agreed to by the court, and signed by the parent or Indian custodian.
   6. Dismissal for Lack of Evidence: If the court does not find by a preponderance of the evidence that the child is a child in need of aid, this means the court no longer has Jurisdiction under the Child In Need of Aid statutes. The case must be dismissed and the child returned to the parent(s), guardian, or Indian custodian.
   7. Adjudication Findings: If the court finds by a preponderance of the evidence that the child has been subjected to conditions or conduct described in AS 47.10.011, the court will adjudicate the child a child in need of aid and schedule the matter for disposition.
   8. Legal Custody or Supervision: If a disposition hearing is not held immediately following the adjudication, the court must address whether temporary custody or supervision is necessary in the interim.
   9. Removal Findings and Efforts to Reunify: If the court grants the department continued temporary legal custody of the child pending disposition, the court will next determine whether the child should remain placed outside of the home and, if so, make findings regarding the department’s efforts to prevent continued out-of-home placement. See Section 4.5.1 Probable Cause/Temporary Custody Hearing.

   4.5.4 Disposition Hearing

   (Revision. 10/1/15)

   Authority:

   Background, Policy, and Procedure:

   1. Purpose of Hearing: A disposition hearing is a fact-finding hearing at which the court determines whether a child who has been adjudicated a Child In Need Of Aid under AS 47.10.011 should be committed to the custody or supervision of the department and, if so, for what period of time and under what conditions.
   2. Time Limit: There is no specific period of time following adjudication within which a disposition hearing must be held. In some cases, the court may enter disposition findings at the conclusion of the adjudication hearing. However, a disposition hearing may not be held before adequate information is available upon which to enter an informed disposition order. If the child is placed out of the home, the court cannot enter a disposition order unless and until the court finds the department has made appropriate efforts to prevent continued removal. See section 4.5.1 Probable Cause/Temporary Custody Hearing.
   3. Information Relied Upon: In determining the terms of disposition, the court relies upon the predisposition reports of the department and guardian ad litem, as well as any evidence or other relevant information submitted by the parties.
   4. Predisposition Report: A predisposition report, prepared by the PSS, is required by statute and is intended to aid the court in its disposition decision.
      1. The report must be submitted to the court and parties at least 15 days prior to the scheduled disposition hearing (or adjudication, if the two hearings will be held at the same time).
      2. If the Indian child’s Tribe is a Party to the Case, the PSS should consult with the Tribe in advance so that the Tribe’s position can be included in the predisposition report.
      3. The report should include:
         1. a summary of the conduct or conditions that have caused the child to be a child in need of aid;
         2. a summary of the child’s and family’s social history;
         3. if removal from the home is recommended, a description of the reasons the child cannot be protected adequately in the home, including a description of any previous efforts to work with the parents and child in the home and the parents’ attitude toward placement of the child;
         4. a description of the potential harm to the child which may result from continued removal from the home and any efforts which can be made to minimize such harm;
         5. a summary of the case plan for the child and parent(s), guardian, or Indian Custodian, including a statement of changes in circumstances or behavior which will aid the court in determining when court intervention is no longer necessary;
         6. if the child is an Indian child, a summary of the department’s efforts to comply with ICWA placement preferences (see section 3.4.2 Searching for Relatives, Identifying and Processing Requests for Placement);
         7. the PSS‘s recommendations regarding disposition, including a summary of the PSS‘s assessment, summaries of the assessments of other professionals providing services in the case (copies of their written reports, if any, should be attached), the department’s treatment plan for the family, and an explanation of how the treatment plan should result in achieving an adequate level of care for the child in the home;
         8. information, if available, regarding the parent’s financial ability to contribute to the cost of the child’s care while placed outside the home.
   5. Presentation of Evidence: Often the parties in a case will stipulate to disposition. However, if a party opposes the department’s recommendations, the PSS and/or other witnesses may be required to testify in support of those recommendations. Because hearsay is generally admissible at disposition, the child will not usually have to testify at this stage of the proceedings. If the case involves an Indian child, any Stipulation to disposition must be in writing, agreed to by the court, and signed by the parent or Indian custodian.
   6. Dismissal: If the court finds that the child is no longer a child in need of aid, this means the court no longer has Jurisdiction under the child in need of aid statutes. The case must be dismissed and the child returned to the parent(s), guardian, or Indian custodian.
   7. Disposition Findings: If the court finds that the child continues to be a child in need of aid, it must do one of the following:
      1. Commit the child to the custody of the department for a period not to exceed two years, or the child’s 19th birthday, whichever occurs earlier.
      2. Return the child to the custody of the parent, relative, or guardian of the child or another suitable person with, in appropriate cases, an order for the person to provide medical or other care or treatment. Such orders usually include a requirement that the department supervise the placement, unless the court finds that the adult with whom the child is being placed will provide adequate care without supervision.
      3. Terminate parental rights, if a petition for termination of parental rights has been filed and required notice has been given, and commit the child to the custody of the department.
   8. Required Considerations: In making its dispositional order under AS 47.10.080(c), the court is required to keep the health and safety of the child as the court’s paramount concern and consider:
      1. the best interests of the child,
      2. the ability of the state to take custody and to care for the child to protect the child’s best interests under the Child in Need of Aid statutes, and
      3. the potential harm to the child caused by removal of the child from the home and family environment.
   9. Further Proceedings: If the court commits the child to the custody of the department, the disposition order must set a date for a permanency hearing. If the court orders supervision rather than legal custody, the order must set a date for filing a report on annual review.

   4.5.5 Permanency Hearing

   (Revision. 10/1/15)

   Authority:

   Background, Policy, and Procedure:

   1. Purpose of Hearing: The purpose of a permanency hearing is to establish a permanency plan for the child and to ensure that reasonable efforts have been made to achieve the goal of that plan.
   2. Time Limits:
      1. A permanency hearing must be held:
         1. within 12 months after the date the child entered foster care (the date of entry into foster care is defined by state law as the earlier of: the date of the first judicial finding of child abuse or neglect, or 60 days after the date of removal from the home); or
         2. within 30 days after the court determines that reasonable efforts toward Reunification are no longer required; or
         3. when a party requests a permanency hearing and shows good cause for the request.
      2. If the court is not able to find a specific permanency plan at the hearing, another permanency hearing must be held within a “reasonable time” (usually within 60 days).
      3. If the plan established at a previous permanency hearing changes, the department must promptly request another permanency hearing, which must be held within 30 days of the department’s request.
      4. A permanency hearing must be held at least once every 12 months until the goal of the permanency plan has been reached.
   3. Information Relied Upon: In making permanency findings, the court relies upon the permanency report of the department, as well as any evidence or other relevant information submitted by the parties.
   4. Permanency Report: A permanency report, prepared by the PSS, is required by court rule and is intended to provide the court with sufficient information to make the necessary permanency findings.
      1. The report must be submitted to the court and parties at least 10 days prior to the scheduled permanency hearing.
      2. The report is completed in ORCA and should include:
         1. the department’s permanency plan for the child, as established at the Administrative Review (see section 3.1 Administrative Reviews);
         2. a summary of the family support services which have been identified, recommended, and made available to the family to remedy the conduct or conditions that have caused the child to be a child in need of aid;
         3. a summary of the progress of the parent(s), guardian, and/or Indian Custodian in remedying the conduct or conditions at issue;
         4. a description of the reasonable efforts made by the department to achieve the permanency plan;
         5. if the permanency plan is another planned, permanent living arrangement (APPLA):
            1. At each permanency hearing held with respect to the child, the State/Tribal agency documents the intensive, ongoing, and, as of the date of the hearing, unsuccessful efforts made by the agency to return the child home or secure a placement for the child with a fit and willing relative (including adult siblings), a legal guardian, or an adoptive parent, including through efforts that utilize search technology (including social media) to find biological family members for the children;
            2. a description of the steps are necessary to achieve the arrangement; and
            3. a description of the steps that have been taken to achieve a more permanent plan like adoption.
         6. the department’s decision regarding the filing of a termination petition and the reasons for that decision (if the department has determined that a compelling reason exists not to file, include the compelling reason);
         7. an explanation of why the child’s current placement, whether in-state or out-of-state, is appropriate and in the child’s best interests; whether both in-state and out-of-state placement options have been considered; whether the current placement is expected to be the permanent placement; and, if the current placement is expected to be permanent, why the placement is appropriate to be the permanent placement;
         8. If the child is an Indian Child, an explanation as to whether the child is in a preferred placement under ICWA and, if so, what level of preference (1-4). If the child is not in a first preference placement (i.e., with an Extended Family Member) or is not within any of the placement preferences, there shall be an explanation as to why the department thinks there is good cause to deviate from the placement preferences and what efforts have been made to move the child to a higher preference placement.
         9. if the child is of suitable age, the child’s wishes and preferences regarding the permanency plan and placement; and
         10. if the child is 14 years of age or older, the services that are needed to assist the child in transitioning from foster care to successful adulthood.
         11. if the child is in foster care, or youth 16 and older in another planned permanent living arrangement, if the youth’s foster family home or child care institution is following the reasonable and prudent parent standard, See CPS Manual section 6.5.4 Prudent Parent Standard for further information. And, that the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities (including by consulting with the child in an age-appropriate manner about the opportunities of the child to participate in the activities). This will be documented in the Permanency Report in ORCA, section (E) current placement, section II Information to Assist Court’s Review of Permanency Plan.
   5. Notice of Hearing:
      1. Notice of the hearing must be provided to all parties to the case, the foster parent or out-of-home care provider, and grandparents who are entitled to notice (see section 4.1 Rights, Responsibilities, and Roles of Parties and Participants in a Court Proceeding for clarification of grandparent’s right to notice).
      2. If the permanency hearing involves an Indian child, the child’s Tribe is entitled to notice of the hearing even if the Tribe has not previously intervened or participated in the proceedings.
   6. Child’s Right to be Present: State statutes specifically require that the child be afforded the opportunity to attend the permanency hearing and be heard. The PSS should consult with the guardian ad litem and court appointed special advocate (CASA) to ensure that the child is given this opportunity.
   7. Presentation of Evidence: Often the parties in a case will stipulate to permanency findings. However, if a party opposes the department’s recommendations, the PSS and/or other witnesses may be required to testify in support of those recommendations. Hearsay is generally admissible at a permanency hearing.
   8. Permanency Findings: The court must make the following findings in writing at a permanency hearing:
      1. whether and when the child should be returned to the parent, guardian, or Indian custodian;
      2. whether the child should be placed for adoption or guardianship and whether a petition for termination of parental rights should be filed by the department (taking into account any compelling reason that may exist for not filing a termination petition);
      3. whether there is a compelling reason that the most appropriate placement for the child is another planned, permanent living arrangement (APPLA) based on the department’s recommendation and the information included in the permanency report (see section 3.1 Administrative Reviews, Background Information  for examples of compelling reasons). The findings must include the steps that are necessary to achieve the new arrangement and why it continues to be the best option for the child to remain in an APPLA;
      4. whether the department has made the reasonable efforts – or, in the case of an Indian child, Active Efforts – to offer appropriate family support services to remedy the conduct or conditions in the home that have caused the child to be a child in need of aid;
      5. whether the department has made reasonable efforts to achieve the permanency plan for the child;
      6. whether the parent, guardian, or Indian custodian has made substantial progress to remedy the conduct or conditions in the home that have caused the child to be a child in need of aid;
      7. if the permanent plan for the child is for the child to remain in out-of-home care, whether the child’s out-of-home placement continues to be appropriate and in the best interests of the child, and whether both in-state and out-of-state placement options have been considered;
      8. if the child is placed in an out-of-state placement, whether that placement continues to be appropriate and in the child’s best interests;
      9. if the child is 14 years of age or older, findings addressing independent living services needed to assist the child to make the transition from foster care to successful adulthood.
   9. Other Findings and Orders: The court may make other findings and orders relevant to permanency for the child.
   10. The PSS will document the hearing in ORCA.

   4.5.6 Annual Review of Supervision

   (Revision. 10/1/15)

   Authority:

   Background, Policy, and Procedure:

   1. Purpose of Annual Review: The purpose of an annual review of supervision is to determine whether continued supervision, as it is being provided, is in the best interests of the child. The annual review is conducted by the court based upon written reports and other documentation without a hearing, unless an evidentiary hearing is requested by a party or ordered by the court.
   2. Time Limit: An annual review must be held one year after the date of the disposition order placing the child in the supervision of the department.
   3. Information Relied Upon: In conducting the annual review of supervision, the court relies upon the report submitted by the department, as well as any evidence or other relevant information submitted by the parties.
   4. Report for Annual Review: At least 20 days before the anniversary of the disposition order placing the child in the supervision of the department, the department must submit to the court and parties a report that includes:
      1. a copy of the current case plan; and
      2. a description of the services offered by the department and the services utilized by the parent(s), guardian, or Indian Custodian to make it possible for the child to remain in the home.The report must be accompanied by a notice of right to counsel; a notice of the right to submit statements, affidavits, or other evidence to the court; and a notice of the right to request an evidentiary hearing.
   5. Notice to Tribe: The party requesting an evidentiary hearing must provide notice of the hearing to the Indian child’s Tribe, even if the Tribe has not previously intervened or participated in the proceedings.
   6. Presentation of Evidence: If an evidentiary hearing is requested or ordered, the PSS and/or other witnesses may be required to testify in support of continued supervision. Because hearsay is generally admissible at an evidentiary hearing on annual review, the child will not usually have to testify at this stage of the proceedings.
   7. Findings on Annual Review: If the court finds that the child is no longer a child in need of aid, or that it is not in the best interests of the child to continue supervision, the court will release the department from supervision of the family. If the court finds that the child continues to be a child in need of aid and that continued supervision is in the child’s best interests, the court will continue supervision.

   4.5.7 Extention of Custody/Supervision Hearing

   (Revision. 10/1/15)

   Authority:

   Background, Policy, and Procedure:

   1. Purpose of Hearing: The purpose of an extension of custody/supervision hearing is to determine whether, at the end of a period of custody or supervision, the child should remain committed to the custody or supervision of the department and, if so, for what period of time and under what conditions. In order to extend custody, the court must find that the child continues to be a child in need of aid and that the extension is in the best interests of the child.
   2. Time Limits:
      1. The extension hearing should be held prior to the expiration of custody or supervision. If necessary, the court may issue an order temporarily extending custody or supervision for a Reasonable Time until a decision on the petition can be made. Although the court is not prohibited from retroactively extending custody/supervision after it has expired, every effort should be made to hold the hearing prior to expiration.
      2. Each extension of custody may be for a period not to exceed one year or the child’s 19th birthday, whichever occurs earlier. The court may extend the department’s custody for additional one-year periods past the child’s 19th birthday, not to extend beyond the child’s 21st birthday if continued state custody is in the child’s best interests and the child consents.
      3. Each extension of supervision may be for a period not to exceed one year or the child’s 19th birthday, whichever occurs earlier. The court may extend the department’s supervision for up to one year past the child’s 19th birthday if it is in the child’s best interests and the child consents.
   3. Information Relied Upon: In deciding whether to extend custody or supervision and under what terms, the court relies upon the petition for extension of custody/supervision submitted by the department, as well as any evidence or other relevant information submitted by the parties.
   4. Petition for Extension of Custody/Supervision: If the department seeks to extend custody or supervision of the child, the PSS must prepare and file a petition for extension of custody/supervision. The guardian ad litem or the child is also authorized by law to file a petition, but in most cases the department is the petitioner.
      1. The petition must be submitted to the court and parties at least 30 days prior to the expiration of custody/supervision. The court rules also require that a written report detailing the facts and circumstances supporting the petition be filed at least 10 days before the extension hearing; however, this information is usually incorporated into the petition itself, thereby eliminating the need for a separate report.
      2. The petition/report should include:
         1. a summary of the conduct or conditions that cause the child to continue to be a child in need of aid;
         2. a summary of the child’s and family’s social history;
         3. a description of the services offered to the family, the family’s progress in remedying the conduct or conditions in the home that cause the child to be a child in need of aid, and a statement of changes in circumstances or behavior which will aid the court in determining when court intervention is no longer necessary;
         4. a summary of the child’s progress while in custody/supervision; and
         5. an explanation of why an extension of custody/supervision is necessary and in the child’s best interests.
   5. Notice to Hearing:
      1. Notice of the hearing must be provided to all parties to the case, the foster parent or out-of-home care provider, and grand parents who are entitled to notice (see section 4.1 Rights, Responsibilities, and Roles of Parties and Participants in a Court Proceeding for clarification of grand parent’s right to notice).
      2. An Indian child’s Tribe and Indian Custodian, if applicable, are entitled to service of the petition and notice of the extension hearing even if neither the Tribe nor Indian custodian has previously intervened or participated in the proceedings. The notice must describe the right to intervene and obtain documents filed in the case.
   6. Presentation of Evidence: Often the parties in a case will stipulate to extension of custody/supervision. However, if a party opposes extension, the PSS and/or other witnesses may be required to testify in support of the petition. Because hearsay is generally admissible at an extension hearing, the child will not usually have to testify at this stage of the proceedings.
   7. Denial of Petition: If the court finds that the child is no longer a child in need of aid, or that it is not in the best interests of the child to extend custody or supervision, the petition for extension must be denied. However, if the child is in out-of-home placement, the court may establish a timetable for gradual Reunification of the family and expiration of custody if the court finds that immediate reunification would be detrimental to the child.
   8. Extension of Custody/Supervision Findings: If the court finds that the child continues to be a child in need of aid and that an extension of custody or supervision is in the child’s best interests, it must do one of the following:
      1. Commit the child to the custody of the department for additional one-year periods that do not extend beyond the child’s 21st birthday.
      2. Return the child to, or maintain the child in, the custody of the parent, guardian, or Indian custodian of the child with supervision by the department for an additional period not to exceed one year or the child’s 19th birthday, whichever occurs earlier.
   9. Consolidation of Extension Hearing and Permanency Hearing: Because permanency findings must be reviewed annually, it is often preferable to request and obtain permanency findings at the first extension of custody/supervision hearing and to combine extension and permanency hearings thereafter.
   10. The PSS will document the hearing in ORCA.

   4.5.8 Hearing on Placement in Residential Psychiatric Treatment Center

   (Revision. 10/1/15)

   Authority:

   Background, Policy, and Procedure:

   1. Purpose of Hearing: When it becomes necessary to place a child who is in the custody of the department in a residential psychiatric treatment center, the department must seek authorization from the court to do so. Such a placement must then be reviewed by the court periodically for continued authorization.
   2. Time Limits: The initial hearing for placement in a residential psychiatric treatment center should be held before the placement is made. Once the court authorizes placement, the placement must be reviewed by the court every 90 days.
   3. Information Relied Upon: In deciding whether to authorize placement in a residential psychiatric treatment center, the court relies upon the testimony of a mental health professional who has knowledge of the child’s condition and the proposed treatment center, as well as any other evidence or relevant information submitted by the parties.
   4. Procedures for Requesting Placement:
      1. Exhaust less restrictive possibilities: Before a child may be placed in a residential treatment setting, less restrictive treatment alternatives must be tried, unless the child cannot safely be placed in a less restrictive setting.
      2. Present to placement committee (see section 6.5.2 Residential Psychiatric Center Level of Care).
      3. Provide documentation in support of Request for Placement to AAG: Once placement has been approved by the placement committee, the PSS will provide documentation supporting the placement recommendation to the AAG for attachment to a Motion for Placement Review Hearing. The documentation should include the following information from a mental health professional:
         1. a description of the child’s mental condition, including current diagnoses;
         2. a description of the child’s behaviors;
         3. a description of the less-restrictive placement settings that have been tried and failed, or an explanation of why no less restrictive setting is available or appropriate; and
         4. a description of the anticipated benefits of treatment at the proposed treatment center.
   5. Presentation of Evidence: Authorization to place a child, or to maintain a child’s placement, in a residential psychiatric treatment center requires the testimony of a mental health professional. A person must possess certain qualifications in order to meet the legal definition of “mental health professional”; the PSS should consult with the AAG to determine who is best qualified in a given case. The testimony of a mental health professional is required regardless of whether any party opposes the proposed placement.
   6. Findings Authorizing Initial Placement: In order to authorize the child’s initial placement in a residential psychiatric treatment center, the court must make the following findings by Clear and Convincing Evidence, based on the testimony of the mental health professional:
      1. The child is gravely disabled or is suffering from mental illness and, as a result, is likely to cause serious harm to the child or to another person;
      2. There is no reasonably available, appropriate, and less restrictive alternative for the child’s treatment or that less restrictive alternatives have been tried and have failed; and
      3. There is reason to believe that the child’s mental condition could be improved by the course of treatment or would deteriorate if untreated.
   7. Findings Authorizing Continued Placement: After the child’s initial placement, in order to authorize the child’s continued placement in a residential psychiatric treatment center, the court must make the following findings by clear and convincing evidence, based on the testimony of the mental health professional:
      1. The conditions or symptoms that resulted in the initial order have not ameliorated to such an extent that the child’s needs can be met in a less restrictive setting; and
      2. The child’s mental condition could be improved by the course of treatment or would deteriorate if untreated.
   8. Placement No Longer Necessary: If the mental health professional responsible for the child’s treatment determines that the child would no longer benefit from the course of treatment or that the child’s treatment needs could be met in a less restrictive setting, the department must transfer the child to another appropriate, less restrictive setting. The PSS must notify the child, the parent(s) or guardian, and guardian ad litem of the determination and transfer.

   4.5.9 Miscellaneous Hearings

   (Revision. 10/1/15)

   Authority:

   Background Information, Policy, and Procedure:

   1. Placement Review Hearing:
      1. Change of Placement: A party who opposes a change of placement proposed by the department may request a review hearing. The opposing party has the burden of proving by Clear and Convincing Evidence that the proposed change in placement is contrary to the best interests of the child. The court must consider any applicable placement preferences set forth in federal or state law. (See section 3.4.2 Searching for Relatives, Identifying and Processing Requests for Placement).
      2. Denial of Placement: If the department denies a Request for Placement with an Adult Family Member or adult family friend, the Protective Services Specialist (PSS) must inform the person of the reason for the denial of placement and the person’s right to request a review hearing. At the review hearing, the department must prove by clear and convincing evidence that there is good cause to deny the placement. If the person being denied placement cannot meet the requirements for a foster care license, this constitutes good cause unless the person can convince the court otherwise.
   2. Visitation Hearing: The department is required to provide reasonable visitation between a child in custody and the child’s parents, guardian(s), Indian Custodian, and family. If the department denies visitation to a parent, guardian, Indian custodian, or adult family member, the PSS must inform the person of the reason for the denial of visitation and the person’s right to request a review hearing. At the review hearing, the department must prove by clear and convincing evidence that visits are not in the child’s best interests.
   3. Trial Setting Conference: If it becomes necessary to schedule an adjudication trial, termination trial, or other lengthy contested hearing, the court may hold a trial setting conference before the assigned judge for purposes of scheduling the trial or hearing. Deadlines for the filing of motions, notices, or pretrial briefs, or for the exchange or disclosure of information, may also be ordered by the judge at the trial setting conference.
   4. Hearing to Review Disposition Order: After disposition, any party may move for a review of the disposition order. The moving party must show good cause for the review, and the decision to grant a review hearing is within the discretion of the court. If the party is seeking return of the child to the child’s home, the party must present some evidence to show that removal is no longer necessary; if the party does so, the burden shifts to the department to prove that continued removal is necessary. There are different standards of proof for removal of Indian children and non-Indian children. See section 4.5.1 Probable Cause/Temporary Custody Hearing.
   5. Hearing for Youth Re-Entering Custody:
      1. The court may grant resumption of state custody of a person who was released from state custody and wants to return to state custody if the person:
         1. consents to the resumption of custody; and
         2. was placed in out-of-home care by the department immediately prior to being released from state custody; and
            1. was released to the person’s own custody after reaching age 18; or
            2. was at least 16 years of age and emancipated (i.e. released to the person’s own custody after the disabilities of minority were removed under AS 09.55.590); or
            3. was at least 16 years of age and released to the custody of a parent or guardian because the person refused out-of-home care and has reached the age of 18; or
            4. was at least 16 years of age and released to the custody of a parent or guardian because the person refused out-of-home care, has not reached the age of 18, and grounds for filing a child in need of aid petition do not exist; and
         3. is in need of out-of-home care
            1. to avoid personal harm;
            2. because of the person’s severe emotional disturbance, mental disability, physical disability, homelessness, or a combination of those conditions;
            3. because the person is completing an educational or vocational program; or
            4. to otherwise improve the person’s successful transition to independent living; and
         4. signs a custody resumption agreement prepared by the department that includes a provision that the person agrees to actively participate in
            1. developing the transition plan; and
            2. services designed to promote self-sufficiency.
      2. A person is not eligible for resumption of state custody if the person:
         1. is married;
         2. does not reside in this state;
         3. fails to comply with requirements of probation or parole, if any;
         4. is in or reenters active duty in the military;
         5. has previously re-entered state custody under AS 47.10.080(v) after 18 years of age; or
         6. refuses to sign a custody re-entry agreement.
      3. Procedure for Requesting a Hearing:
         1. A person who seeks resumption of custody may request the department to petition the court for a hearing to determine eligibility for resumption of state custody.
            1. For a person who has not reached age 18 the petition will be submitted by the department;
            2. For a person who has reached age 18 or been emancipated, the petition may be submitted by either the person or the department;
         2. A request for a petition may also be made to the department by the person’s legal representative or GAL.
   6. Status Hearing/Other Review: At any time in a proceeding, the court may review the status of the case or other relevant matters. The court may schedule a status or review hearing on its own or upon the motion of any party.
   7. The PSS will document the hearing in ORCA.

   4.8 Termination of Parental Rights

   (Revision. 9/1/13)

   Authority:

   Background, Policy, and Procedure:

   1. Purpose of Termination of Parental Rights: The parental rights of one or both parents of a child may be permanently terminated in order to free the child for adoption or other permanent placement. Termination of parental rights means the complete severance of the legal parent-child relationship. Proceedings to terminate the parental rights of a parent are initiated by filing a Petition for Termination of Parental Rights.
   2. When to File a Petition:
      1. A petition to terminate parental rights to a child in the department’s custody may be filed with, or at any time after the filing of, a Petition for Adjudication of Child in Need of Aid. The process for determining whether the department should seek termination of parental rights in a particular case is outlined in section 3.9 Preparation for Termination of Parental Rights . The best interest of the child is the primary consideration.
      2. Under certain circumstances, the department is required by law to file a petition to terminate parental rights. Unless an exception applies (see paragraph B.3 below), the department must file a petition if one or more of the following circumstances exists:
         1. The child has been in foster care for a total of at least 15 of the most recent 22 months.
            1. The date of entry into foster care is defined by state law as the earlier of: the date of the first judicial finding of child abuse or neglect, or 60 days after the date of removal from the home. The department’s policy is that the date of entry into foster care is the date of the first finding of child abuse or neglect, i.e. the first probable cause hearing.
            2. Trial home visit periods are excluded from the time calculation.
         2. The court has determined that the child is abandoned and the child is younger than six years of age, in which case the petition must be filed within 60 days of the judicial finding of abandonment.
         3. The court has made a finding that the best interests of the child do not require further reasonable efforts by the department toward Reunification with the parent.
         4. The parent has made three or more attempts within a 15-month period to remedy the parent’s conduct or conditions in the home that cause the child to be in need of aid, without lasting change.
         5. The parent has made no effort to remedy the parent’s conduct or conditions in the home that cause the child to be in need of aid by the time of the permanency hearing.
         6. The parent has been convicted of: (1) murder or manslaughter of another child of the parent; or (2) aiding or abetting, attempting, conspiring, or soliciting to commit such a murder or manslaughter; or (3) a felony assault that results in serious injury to the child or another child of the parent; in which case the petition must be filed within 60 days of a judicial determination that reasonable efforts to reunify the child and parent are not required.
      3. There are exceptions to the requirement that a petition to terminate parental rights be filed under the circumstances described in paragraph B.2. The department is not required to file a petition if the department
         1. is required to make reasonable efforts but has not provided to the parent, consistent with the time period in the department’s case plan, the family support services that the department has determined are necessary for the safe return of the child to the home; or
         2. has documented a compelling reason, as decided at a permanency planning conference, for determining that filing a petition would not be in the best interests of the child. Compelling reasons not to file a petition may include, but are not limited to, the following:
            1. The parent has made substantial progress in eliminating the problems causing the child’s continued placement in foster care, it is likely that the child will be able to safely return home within three months, and no prior extension has been granted.
            2. The child is over the age of 14 and
               1. has a close and positive relationship with the parent, and an alternative permanent plan that does not require termination of parental rights will provide the most secure and appropriate placement for the child; or
               2. is firmly opposed to termination of parental rights, thus making it likely that any adoptive placement will result in disruption. (To help the child make an informed decision about termination and adoption, the PS Specialist must make certain that the child has received meaningful counseling about the benefits of adoption and that the child is aware of the possibility of an adoption which allows for continued contact with members of his or her birth family. Counseling must take place before this compelling reason is invoked and cannot be provided by an employee of the Office of Children’s Services.)
            3. There are insufficient grounds for the termination of parental rights.
            4. Where the child is an Indian child as defined in the Indian Child Welfare Act (ICWA), the child’s Tribal culture does not acknowledge termination of parental rights as a viable option, and the Tribe has identified and offered an alternative permanent placement plan for the child that is in the best interest of the child.
            5. The parents’ actions or inactions are not the cause of the child being in need of aid (e.g., the child is developmentally disabled, delinquent, or otherwise has needs that simply cannot be met by the parents without assistance from the state despite appropriate parenting).
            6. The child is 16 years of age or older, and the permanency plan is another planned permanent living arrangement. (To help the child make an informed decision, the PS Specialist must make certain that the child has received meaningful counseling about becoming self-sufficient. Counseling must take place before this compelling reason is invoked and cannot be provided by an employee of the Office of Children’s Services.)
            7. The child has sibling(s) who will not be the subject of termination proceedings, and it is not in the best interest of the child to separate from the other sibling(s).
   3. Findings Required for Termination of Parental Rights:
      1. The rights and responsibilities of a parent to a child may be terminated for purposes of freeing the child for adoption or other permanent placement if the department proves to the court
         1. by Clear and Convincing Evidence that:
            1. the child has been subjected to conduct or conditions described in AS 47.10.011; and
            2. the parent has not remedied the conduct or conditions in the home that place the child at substantial risk of harm or has failed, within a Reasonable Time, to remedy the conduct or conditions in the home that place the child at substantial risk so that returning the child to the parent would place the child at substantial risk of physical or mental injury; and
            3. that the department has complied with the provisions of AS 47.10.086 concerning reasonable efforts; and
         2. that the termination is in the best interest of the child; and
         3. if the child is an Indian child as defined in the Indian Child Welfare Act,
            1. by clear and convincing evidence that Active Efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that these efforts have proved unsuccessful; and
            2. by evidence Beyond a Reasonable Doubt, including the testimony of a qualified Expert Witness, that continued custody of the child by the parent is likely to result in serious emotional or physical damage to the child.
      2. In determining whether a parent has remedied the conduct or conditions that place the child at risk of harm, the court may consider any fact relating to the best interests of the child, including:
         1. the likelihood of returning the child to the parent within a reasonable time based on the child’s age or needs;
         2. the amount of effort by the parent to remedy the conduct or the conditions in the home;
         3. the harm caused to the child;
         4. the likelihood that the harmful conduct will continue;
         5. the history of conduct by or conditions created by the parent.
      3. The duration of a parent’s incarceration is a factor to be considered in termination proceedings. The court may determine that a parent’s incarceration is sufficient grounds for determining that a child is a child in need of aid and that the parent’s parental rights should be terminated if the court finds, by clear and convincing evidence, that:
         1. the period of incarceration that the parent is scheduled to serve during the child’s minority is significant considering the child’s age and the child’s need for an adult’s care and supervision;
         2. there is not another parent willing and able to care for the child; and
         3. the incarcerated parent has failed to make adequate provisions for care of the child during the period of incarceration that will be during the child’s minority.
   4. Procedural Steps in Drafting and Filing a Petition:
      1. The PSS consults with the PSS IV and the AAG regarding all facts and information available so that a mutual decision about the content of a petition can be made.
      2. The PSS prepares a termination worksheet using the templates available in ORCA. The worksheet is then transmitted to the Attorney General’s Office for use in drafting a petition.
      3. In some offices, it may be customary for the PSS to prepare the petition itself rather than a worksheet. If the PSS prepares the petition, a draft should be provided to the AAG for review and/or for filing with the court.
   5. Form of Petition: The following information must be included in a Petition for Termination of Parental Rights:
      1. name, address, and age of the child;
      2. names and addresses of the parent(s) of the child and the legal guardian or Indian Custodian of the child if appropriate;
      3. name, work address, and occupation of PS Specialist;
      4. the possible Tribal affiliation(s) of the child;
      5. facts that support each of the findings required for termination of parental rights, including the specific section(s) of AS 47.10.011 describing the conduct or conditions to which the child has been subjected, as well as specific dates, times, and places of all relevant occurrences, in order to give the parent and the court sufficient information about the conduct or conditions supporting termination.
   6. Service of Petition and Notice of Hearing:
      1. Each parent, guardian, Indian custodian, the Indian child’s Tribe, and the guardian ad litem (GAL) must be served with a copy of the petition. Consult with the AAG regarding who will serve the petition and how service will occur.
      2. Upon receiving the petition, the court will calendar a trial setting conference for purposes of scheduling a termination trial.
      3. If adjudication has not yet occurred, the department must notify the parties of its intent to combine adjudication and termination and must show good cause for the court to combine the proceedings.
      4. Absent or Unknown Parent: When a petition is filed to terminate the rights of a parent whose identity and/or address is unknown, diligent efforts must be made and documented to identify and/or locate the parent for purposes of notice.
         1. If the parent’s identity is known, but the parent’s whereabouts are unknown, notice by publication in a newspaper may be necessary.
            1. The PSS prepares an Affidavit of Diligent Inquiry describing the diligent efforts made to locate the Absent Parent. The affidavit must include the names and locations of persons and agencies contacted, dates of the contacts, and the results of the contacts.
            2. The AAG files the Affidavit of Diligent Inquiry with a motion for an order to publish notice to the absent parent. When the court has issued an order to publish notice, the AAG arranges for the publication of notice of the date of the termination hearing and for appointment of an attorney for the absent parent.
            3. Notice must be published once a week for four consecutive weeks and must be completed at least 30 days before the hearing is held. This means that when scheduling a termination hearing in a case requiring publication, it should be presumed that at least 60 days will be needed to complete the publication process.
         2. If the parent’s identity remains unknown despite diligent efforts, the PS Specialist will ask the AAG to file a motion to waive notice to the unknown parent.
         3. If the Legal Father of a child denies biological paternity, genetic testing should be arranged.
   7. Withdrawal of Petition/Holding Petition in Abeyance: The PSS may ask the AAG to move to withdraw the petition, or to hold the petition in abeyance, when circumstances change prior to the hearing such that the department no longer seeks termination of parental rights. The petition may be refiled or reactivated at a later date if appropriate.
   8. Termination Trial:
      1. Time Limits:
         1. No later than six months after the date the petition was filed, the court must hold a trial on the petition, unless the court finds good cause for a continuance. When determining whether to grant a continuance for good cause, the court takes into consideration the age of the child and the potential adverse effect that the delay may have on the child.
         2. The termination trial cannot be held until at least 10 days after receipt of notice by the parent or Indian custodian, and the Tribe or the Bureau of Indian Affairs. The parent, Indian custodian, or Tribe may request an additional 20 days to prepare for the trial.
      2. Burden of proof: The department bears the burden of proving each of the elements necessary for termination of parental rights.
      3. Expert witnesses: In cases involving Indian children, the department is required to present expert testimony in support of a finding that continued custody by the parent(s) is likely to result in serious emotional or physical damage to the child. Persons with the following characteristics are likely to qualify as expert witnesses for purposes of Indian child custody proceedings:
         1. A professional person having substantial education and experience in an appropriate specialty;
         2. A lay expert witness having substantial experience in the delivery of child and family services to Indians, and extensive knowledge of prevailing social and cultural standards and childrearing practices within the Indian community, relevant to the Indian child;
         3. A member of the Indian child’s Tribe who is recognized within the Tribal community as knowledgeable in Tribal customs as they pertain to family organization and childrearing practices;
         4. A member of the child’s Tribe is always preferred, but a member of the child’s ethnic and/or language group who is recognized as knowledgeable in Tribal customs as they pertain to family organization and childrearing practices also qualifies as an expert witness.The department may rely on expert testimony in cases involving non-Indian children as well, depending on the facts or issues to be litigated.
   9. Order Terminating Parental Rights:
      1. The court shall issue an order on the petition within 90 days after the last day of the termination trial.
      2. The court may order the termination of parental rights of one or both parents and commit the child to the custody of the department. The rights of one parent may be terminated without affecting the rights of the other parent. Each parent’s rights must be terminated in order for a child to be legally free for adoption. While both parents’ rights may be terminated based on evidence presented at one trial, separate trials regarding each parent may be held depending on the circumstances.
      3. If the court finds that the department has not proved one or more of the necessary elements for termination of parental rights, parental rights remain intact, and the department’s obligations toward the parent remain unchanged. If the department believes it can meet its burden at a later date, the AAG may request a subsequent hearing on the existing petition. It is usually not necessary to file a new petition or to re-prove the elements that were proved at the first trial.
   10. Effect of Termination of Parental Rights: Once the court issues an order terminating a parent’s parental rights, the parent’s legal relationship with the child is ended, and the parent is no longer a Party to the Case. Neither the parent nor the parent’s attorney should be served with further documents, unless otherwise ordered by the court.
   11. Post-Termination Reports: If a permanent placement for the child was not approved at the time of the termination trial, the following post-termination reports to the court are required:
       1. The PSS must file a report within 30 days after the termination order is issued describing the efforts being made to recruit a permanent placement for the child.
       2. Thereafter, the PSS must file a report every 90 days describing the efforts being made to find a permanent placement for the child.

   https://www.akleg.gov/basis/statutes.asp

   Alaska Statutes

   Article 1. Children’s Proceedings.
   

   Chapter 10. Children in Need of Aid.

   Sec. 47.10.005. Construction.
   The provisions of this chapter shall be liberally construed to
   (1) achieve the end that a child coming within the jurisdiction of the court under this chapter may receive the care, guidance, treatment, and control that will promote the child’s welfare and the parents’ participation in the upbringing of the child to the fullest extent consistent with the child’s best interests; and

   (2) follow the findings set out in AS 47.06.030.

   Sec. 47.10.010. Jurisdiction; guardians and attorneys; support.
    (a) Proceedings relating to a child under 18 years of age residing or found in the state are governed by this chapter when the child is alleged to be or may be determined by the court to be a child in need of aid under AS 47.10.011.

   (b) In a controversy concerning custody of a child under this chapter, the court may appoint a guardian of the person and property of a child, may appoint an attorney to represent the legal interests of the child, and may order support from either or both parents. Custody of a child may be given to the department and payment of support money to the department may be ordered by a court.

   Sec. 47.10.011. Children in need of aid.
   Subject to AS 47.10.019, the court may find a child to be a child in need of aid if it finds by a preponderance of the evidence that the child has been subjected to any of the following:
   (1) a parent or guardian has abandoned the child as described in AS 47.10.013, and the other parent is absent or has committed conduct or created conditions that cause the child to be a child in need of aid under this chapter;

   (2) a parent, guardian, or custodian is incarcerated, the other parent is absent or has committed conduct or created conditions that cause the child to be a child in need of aid under this chapter, and the incarcerated parent has not made adequate arrangements for the child;

   (3) a custodian with whom the child has been left is unwilling or unable to provide care, supervision, or support for the child, and the whereabouts of the parent or guardian is unknown;

   (4) the child is in need of medical treatment to cure, alleviate, or prevent substantial physical harm or is in need of treatment for mental injury and the child’s parent, guardian, or custodian has knowingly failed to provide the treatment;

   (5) the child is habitually absent from home or refuses to accept available care and the child’s conduct places the child at substantial risk of physical or mental injury;

   (6) the child has suffered substantial physical harm, or there is a substantial risk that the child will suffer substantial physical harm, as a result of conduct by or conditions created by the child’s parent, guardian, or custodian or by the failure of the parent, guardian, or custodian to supervise the child adequately;

   (7) the child has suffered sexual abuse, or there is a substantial risk that the child will suffer sexual abuse, as a result of conduct by or conditions created by the child’s parent, guardian, or custodian or by the failure of the parent, guardian, or custodian to adequately supervise the child; if a parent, guardian, or custodian has actual notice that a person has been convicted of a sex offense against a minor within the past 15 years, is registered or required to register as a sex offender under AS 12.63, or is under investigation for a sex offense against a minor, and the parent, guardian, or custodian subsequently allows a child to be left with that person, this conduct constitutes prima facie evidence that the child is at substantial risk of being sexually abused;

   (8) conduct by or conditions created by the parent, guardian, or custodian have
   (A) resulted in mental injury to the child; or

   (B) placed the child at substantial risk of mental injury as a result of
   (i) a pattern of rejecting, terrorizing, ignoring, isolating, or corrupting behavior that would, if continued, result in mental injury; or

   (ii) exposure to conduct by a household member, as defined in AS 18.66.990, against another household member that is a crime under AS 11.41.100 — 11.41.220, 11.41.230(a)(1) or (2), or 11.41.410 — 11.41.432, an offense under a law or ordinance of another jurisdiction having elements similar to a crime under AS 11.41.100 — 11.41.220, 11.41.230(a)(1) or (2), or 11.41.410 — 11.41.432, an attempt to commit an offense that is a crime under AS 11.41.100 — 11.41.220 or 11.41.410 — 11.41.432, or an attempt to commit an offense under a law or ordinance of another jurisdiction having elements similar to a crime under AS 11.41.100 — 11.41.220 or 11.41.410 — 11.41.432; or

   (iii) repeated exposure to conduct by a household member, as defined in AS 18.66.990, against another household member that is a crime under AS 11.41.230(a)(3) or 11.41.250 — 11.41.270 or an offense under a law or ordinance of another jurisdiction having elements similar to a crime under AS 11.41.230(a)(3) or 11.41.250 — 11.41.270;

   (9) conduct by or conditions created by the parent, guardian, or custodian have subjected the child or another child in the same household to neglect;

   (10) the parent, guardian, or custodian’s ability to parent has been substantially impaired by the addictive or habitual use of an intoxicant, and the addictive or habitual use of the intoxicant has resulted in a substantial risk of harm to the child; if a court has previously found that a child is a child in need of aid under this paragraph, the resumption of use of an intoxicant by a parent, guardian, or custodian within one year after rehabilitation is prima facie evidence that the ability to parent is substantially impaired and the addictive or habitual use of the intoxicant has resulted in a substantial risk of harm to the child as described in this paragraph;

   (11) the parent, guardian, or custodian has a mental illness, serious emotional disturbance, or mental deficiency of a nature and duration that places the child at substantial risk of physical harm or mental injury;

   (12) the child has committed an illegal act as a result of pressure, guidance, or approval from the child’s parent, guardian, or custodian.

   Sec. 47.10.013. Abandonment.
    (a) For purposes of this chapter, the court may find abandonment of a child if a parent or guardian has shown a conscious disregard of parental responsibilities toward the child by failing to provide reasonable support, maintain regular contact, or provide normal supervision, considering the child’s age and need for care by an adult. Abandonment of a child also includes instances when the parent or guardian, without justifiable cause,
   (1) left the child with another person without provision for the child’s support and without meaningful communication with the child for a period of three months;

   (2) has made only minimal efforts to support and communicate with the child;

   (3) failed for a period of at least six months to maintain regular visitation with the child;

   (4) failed to participate in a suitable plan or program designed to reunite the parent or guardian with the child;

   (5) left the child without affording means of identifying the child and the child’s parent or guardian;

   (6) was absent from the home for a period of time that created a substantial risk of serious harm to a child left in the home;

   (7) failed to respond to notice of child protective proceedings; or

   (8) was unwilling to provide care, support, or supervision for the child.

   (b) For purposes of (a) of this section, a parent or guardian who is a victim of domestic violence, or who has a child in the parent’s or guardian’s care who is the victim of domestic violence, is considered to have justifiable cause to take an action or to fail to take an action that would otherwise be considered to be abandonment of a child under (a) of this section if the action or failure to act is necessary to protect the parent or guardian, or a child in the care of the parent or guardian, from further acts of domestic violence. However, a parent or guardian who initially had justifiable cause to act or fail to act as described in this subsection may be considered to have abandoned the child without justifiable cause for purposes of (a) of this section if the parent or guardian does not take reasonable steps to reunify with or provide care for the abandoned child after becoming secure from further acts of domestic violence or after providing that another child in the care of the parent or guardian is secure from further acts of domestic violence.

   (c) A parent who is immune from prosecution under AS 11.81.500 and chooses to surrender an infant shall surrender the infant in the manner described in this subsection. Surrendering the infant in the manner described in this subsection constitutes abandonment for purposes of this chapter. An infant’s parent is considered to have abandoned the infant safely, and, notwithstanding AS 25.20.030 and AS 47.10.120, the parent’s legal duty to support the infant is extinguished if
   (1) the parent, without expressing an intent to return for the infant, leaves the infant in the physical custody of a person who is a
   (A) person the parent reasonably believes would provide for the health and safety of the infant and who would act appropriately to care for the infant;

   (B) peace officer, community health aide, physician, or hospital employee; or

   (C) person who is employed by or is a volunteer for a fire department or emergency medical service, if the person is acting within the scope of the person’s fire department or emergency medical service duties; and

   (2) there is no evidence the infant has been physically injured before abandonment.

   (d) A person to whom an infant is surrendered in the manner described in (c)(1)(B) or (C) of this section shall
   (1) act appropriately to care for the infant;

   (2) inform the parent that the parent may, but is not required to, answer any questions regarding the name, identity, and medical history of the infant and parents of the infant unless the parent chooses to contact the department under (3) of this subsection;

   (3) ask the parent if the parent wishes to relinquish the parent’s parental rights and release the infant for adoption; if the answer is affirmative, the person shall contact the department so that the parent can discuss that option with the department;

   (4) immediately notify the nearest office of the department that the infant has been surrendered in the manner described in (c) of this section.

   (e) An individual, agency, facility, or entity that receives an infant abandoned safely under (c) of this section is not liable for civil damages for failure to discharge the duties listed in (d) of this section.

   (f) A record regarding the surrender of an infant under (c) of this section is confidential and not subject to public inspection or copying under AS 40.25.100 — 40.25.220.

   Sec. 47.10.014. Neglect.
   For purposes of this chapter, the court may find neglect of a child if the parent, guardian, or custodian fails to provide the child with adequate food, clothing, shelter, education, medical attention, or other care and control necessary for the child’s physical and mental health and development, though financially able to do so or offered financial or other reasonable means to do so.

    

    

    

   Sec. 47.10.015. Physical harm.
   For the purposes of this chapter, the court may find physical harm to a child or substantial risk of physical harm to a child if
   (1) the child was the victim of an act described in AS 11.41.100 — 11.41.250, 11.41.300, 11.41.410 — 11.41.455, or AS 11.51.100 and the physical harm occurred as a result of conduct by or conditions created by a parent, guardian, or custodian; or

   (2) a negligent act or omission by a parent, guardian, or custodian creates a substantial risk of injury to the child.

   Sec. 47.10.019. Limitations on determinations.
   Notwithstanding other provisions of this chapter, the court may not find a minor to be a child in need of aid under this chapter solely on the basis that the child’s family is poor, lacks adequate housing, or exhibits a lifestyle that is different from the generally accepted lifestyle standard of the community where the family lives. However, this section may not be construed to prevent a court from finding that a child is in need of aid if the child has been subjected to conduct or conditions described in AS 47.10.011 — 47.10.015.

    

    

    

   Sec. 47.10.020. Investigation and petition.
    (a) Whenever circumstances subject a child to the jurisdiction of the court under AS 47.10.005 — 47.10.142, the court shall appoint a competent person or agency to make a preliminary inquiry and report for the information of the court to determine whether the best interests of the child require that further action be taken. The court shall make the appointment on its own motion or at the request of a person or agency having knowledge of the child’s circumstances. If, under this subsection, the court appoints a person or agency to make a preliminary inquiry and to report to it, or if the department is conducting an investigation of a report of child abuse or neglect, the court may issue any orders necessary to aid the person, the agency, or the department in its investigation or in making the preliminary inquiry and report. Upon receipt of the report under this subsection, the court may
   (1) close the matter without a court hearing;

   (2) determine whether the best interests of the child require that further action be taken; or

   (3) authorize the person or agency having knowledge of the facts of the case to file with the court a petition setting out the facts.

   (b) The petition and all subsequent pleadings shall be styled as follows: “In the matter of ……………………, a child under 18 years of age.” The petition may be executed upon the petitioner’s information and belief and must be verified. It must include the following information:
   (1) the name, address, and occupation of the petitioner, together with the petitioner’s relationship to the child, and the petitioner’s interest in the matter;

   (2) the name, age, and address of the child;

   (3) a brief statement of the facts that bring the child within this chapter;

   (4) the names and addresses of the child’s parents;

   (5) the tribal affiliation, if known, of the child;

   (6) the name and address of the child’s guardian or of the person having control or custody of the child.

   (c) If the petitioner does not know a fact required in this section, the petitioner shall so state in the petition.

   (d) [Repealed, § 55 ch 59 SLA 1996.]
   (e) Nothing in this section requires the department to obtain authorization from the court before
   (1) conducting an investigation of a report of child abuse or neglect; or

   (2) filing a petition.

   Sec. 47.10.030. Summons and custody of minor.
    (a) After a petition is filed and after further investigation that the court directs, if the person having custody or control of the minor has not appeared voluntarily, the court shall issue a summons that
   (1) recites briefly the substance of the petition;

   (2) clearly states that at the hearing it is possible that parental rights and responsibilities may be terminated forever and that the minor may at the hearing be committed to the department for possible adoption; and

   (3) directs the person having custody or control of the minor to appear personally in court with the minor at the place and at the time set forth in the summons.

   (b) In all cases under this chapter, the child, each parent, the tribe, foster parent or other out-of-home care provider, guardian, and guardian ad litem of the child and, subject to (d) and (e) of this section, each grandparent of the child shall be given notice adequate to give actual notice of the proceedings and the possibility of termination of parental rights and responsibilities, taking into account education and language differences that are known or reasonably ascertainable by the petitioner or the department. The notice of the hearing must contain all names by which the child has been identified. Notice shall be given in the manner appropriate under rules of civil procedure for the service of process in a civil action under Alaska law or in any manner the court by order directs. Proof of the giving of the notice shall be filed with the court before the petition is heard. The court may also subpoena the parent of the child, or any other person whose testimony may be necessary at the hearing. A subpoena or other process may be served by a person authorized by law to make the service, and, where personal service cannot be made, the court may direct that service of process be in a manner appropriate under rules of civil procedure for the service of process in a civil action under Alaska law or in any manner the court directs.

   (c) If the minor is in such condition or surroundings that the minor’s welfare requires the immediate assumption of custody by the court, the court may order, by endorsement upon the summons, that the officer serving the summons shall at once take the minor into custody and make the temporary placement of the minor that the court directs.

   (d) Except as provided in (e) of this section, the department shall give advance written notice of all court hearings in a child’s case to a grandparent of the child if
   (1) the grandparent has contacted the department, provided evidence acceptable to the department of being the child’s grandparent, requested notice about the hearings in the child’s case, and provided the department with a current mailing address; or

   (2) the department is aware that the child has a grandparent and the grandparent’s mailing address is on file with the department.

   (e) Notwithstanding (d) of this section, the department is not required to give advance notice to a grandparent about hearings in a child’s case if the grandparent
   (1) has been convicted of a crime in which the child was the victim; or

   (2) is prohibited by a court order from having contact with the child.

   Sec. 47.10.040. Release of minor. [Repealed, § 55 ch 59 SLA 1996. For current law as to a child in need of aid, see AS 47.10.080(c)(2); as to an alleged delinquent minor, see AS 47.12.080.]
   Sec. 47.10.050. Appointment of guardian ad litem or attorney.
    (a) Whenever in the course of proceedings instituted under this chapter it appears to the court that the welfare of a child will be promoted by the appointment of an attorney to represent the child, the court may make the appointment. If it appears to the court that the welfare of a child in the proceeding will be promoted by the appointment of a guardian ad litem, the court shall make the appointment. Appointment of a guardian ad litem or attorney shall be made under the terms of AS 25.24.310.

   (b) [Repealed, § 55 ch 59 SLA 1996.]

   Sec. 47.10.060. Waiver of jurisdiction. [Repealed, § 55 ch 59 SLA 1996. For current law as to an alleged delinquent minor, see AS 47.12.100.]
   Sec. 47.10.070. Hearings.
    (a) The court may conduct the hearing on the petition in an informal manner. The court shall give notice of the hearing to the department, and it may send a representative to the hearing. The court shall also transmit a copy of the petition to the department. The department shall send notice of the hearing to the persons for whom notice is required under AS 47.10.030(b) and to each grandparent of the child entitled to notice under AS 47.10.030(d). The department and the persons to whom the department must send notice of the hearing are entitled to be heard at the hearing. Except as provided in (c) of this section, and unless prohibited by federal or state law, court order, or court rule, a hearing is open to the public.

   (b) [Repealed, § 55 ch 59 SLA 1996.]
   (c) Except as provided in (e) of this section, the following hearings in child-in-need-of-aid cases are closed to the public:
   (1) the initial court hearing after the filing of a petition to commence the child-in-need-of-aid case;

   (2) a hearing following the initial hearing in which a parent, child, or other party to the case is present but has not had an opportunity to obtain legal representation;

   (3) a hearing, or a part of a hearing, for which the court issues a written order finding that allowing the hearing, or part of the hearing, to be open to the public would reasonably be expected to
   (A) stigmatize or be emotionally damaging to a child;

   (B) inhibit a child’s testimony in that hearing;

   (C) disclose matters otherwise required to be kept confidential by state or federal statute or regulation, court order, or court rule; or

   (D) interfere with a criminal investigation or proceeding or a criminal defendant’s right to a fair trial in a criminal proceeding; before ruling on a request under this subparagraph, the court shall give notice and an opportunity to be heard to the state or a municipal agency that is assigned to the criminal investigation or to the prosecuting attorney.

   (d) If a hearing, or part of a hearing, in a child-in-need-of-aid case is not closed under (c) of this section, the court shall hear in camera any information offered regarding the location, or readily leading to the location, of a parent, child, or other party to the case who is a victim of domestic violence or whose safety or welfare may be endangered by public release of the information. Access to testimony heard in camera under this subsection is limited to the court and authorized court personnel.

   (e) The grandparents of the child and an out-of-home care provider may attend hearings that are otherwise closed to the public under (c) of this section. However, the court shall limit the presence of these persons in a hearing closed to the public to the time during which the person’s testimony is being given if the court determines that the limitation is necessary under (c)(3) of this section.

   (f) Notwithstanding any other provision of this chapter, a person attending a hearing open to the public may not disclose a name, picture, or other information that would readily lead to the identification of a child who is the subject of the child-in-need-of-aid case. At the beginning of the hearing, the court shall issue an order specifying the restrictions necessary to comply with this subsection. If a person violates the order, the court may impose any appropriate sanction, including contempt and closure of any further hearings to the person.

   Sec. 47.10.072. Access to hearing by victim. [Repealed, § 23 ch 57 SLA 1991.]
   Sec. 47.10.075. Young adult advisory panels. [Repealed, § 55 ch 59 SLA 1996.]
   Sec. 47.10.080. Judgments and orders.
    (a) An adjudication hearing shall be completed within 120 days after a finding of probable cause is entered unless the court finds good cause to continue the hearing. When determining whether to grant a continuance for good cause, the court shall take into consideration the age of the child and the potential adverse effect that the delay may have on the child. The court, at the conclusion of the hearing, as the circumstances of the case may require, shall find and enter a judgment that the child is or is not a child in need of aid.

   (b) [Repealed, § 55 ch 59 SLA 1996.]
   (c) If the court finds that the child is a child in need of aid, the court shall
   (1) order the child committed to the department for placement in an appropriate setting for a period of time not to exceed two years or in any event not to extend past the date the child becomes 19 years of age, except that the department, the child, or the child’s guardian ad litem may petition for and the court may grant in a hearing
   (A) one-year extensions of commitment that do not extend beyond the child’s 19th birthday if the extension is in the best interests of the child; and

   (B) additional one-year extensions of commitment past 19 years of age that do not extend beyond the person’s 21st birthday if the continued state custody is in the best interests of the person and the person consents to it;

   (2) order the child released to a parent, adult family member, or guardian of the child or to another suitable person, and, in appropriate cases, order the parent, adult family member, guardian, or other person to provide medical or other care and treatment; if the court releases the child, it shall direct the department to supervise the care and treatment given to the child, but the court may dispense with the department’s supervision if the court finds that the adult to whom the child is released will adequately care for the child without supervision; the department’s supervision may not exceed two years or in any event extend past the date the child reaches 19 years of age, except that the department or the child’s guardian ad litem may petition for and the court may grant in a hearing
   (A) one-year extensions of supervision that do not extend beyond the child’s 19th birthday if the extensions are in the best interests of the child; and

   (B) an additional one-year period of supervision past 19 years of age if the continued supervision is in the best interests of the person and the person consents to it; or

   (3) order, under the grounds specified in (o) of this section or AS 47.10.088, the termination of parental rights and responsibilities of one or both parents and commit the child to the custody of the department; the department shall report quarterly to the court and shall demonstrate in its report that the department is making reasonable efforts to find a permanent placement for the child.

   (d) An order issued under (c)(3) of this section authorizes the commissioner of family and community services or a designee or the guardian of the person of the child to consent to the adoption of the child.

   (e) If the court finds that the minor is not a child in need of aid, it shall immediately order the minor released from the department’s custody and returned to the minor’s parents, guardian, or custodian, and dismiss the case.

   (f) A child found to be a child in need of aid is a ward of the state while committed to the department or the department has the power to supervise the child’s actions. For an order made under (c)(1) of this section, the court shall hold a permanency hearing as required by (l) of this section and at least annually thereafter during the continuation of foster care to determine if continued placement, as it is being provided, is in the best interest of the child. The department, the child, and the child’s parents, guardian, and guardian ad litem are entitled, when good cause is shown, to a permanency hearing on application. If the application is granted, the court shall afford these persons and their counsel reasonable advance notice and hold a permanency hearing where these persons and their counsel shall be afforded an opportunity to be heard. The persons entitled to notice under AS 47.10.030(b) and the grandparents entitled to notice under AS 47.10.030(d) are entitled to notice of a permanency hearing under this subsection and are also entitled to be heard at the hearing. The child shall be afforded the opportunity to be present and to be heard at the permanency hearing. After the permanency hearing, the court shall make the written findings that are required under (l) of this section. The court shall review an order made under (c)(2) of this section at least annually to determine if continued supervision, as it is being provided, is in the best interest of the child; this review is not considered to be a permanency hearing and is not governed by the provisions of this subsection that relate to permanency hearings.

   (g) [Repealed, § 55 ch 59 SLA 1996.]
   (h) [Repealed, § 55 ch 59 SLA 1996.]
   (i) A child or the child’s parents, guardian, or guardian ad litem, or attorney, acting on the child’s behalf, or the department may appeal a judgment or order, or the stay, modification, setting aside, revocation, or enlargement of a judgment or order issued by the court under this chapter. Absent extraordinary circumstances, a decision on the appeal shall be issued no later than 90 days after the latest of the following:
   (1) the date oral argument, if any, is heard on the appeal; or

   (2) 45 days after the last date oral argument could have been timely requested if oral argument was not requested.

   (j) [Repealed, § 29 ch 63 SLA 1977.]
   (k) [Repealed, § 69 ch 99 SLA 1998.]
   (l) Within 12 months after the date a child enters foster care as calculated under AS 47.10.088(f), the court shall hold a permanency hearing. The hearing and permanent plan developed in the hearing are governed by the following provisions:
   (1) the persons entitled to be heard under AS 47.10.070 or under (f) of this section are also entitled to be heard at the hearing held under this subsection;

   (2) when establishing the permanent plan for the child, the court shall make appropriate written findings, including findings related to whether
   (A) and when the child should be returned to the parent or guardian;

   (B) the child should be placed for adoption or legal guardianship and whether a petition for termination of parental rights should be filed by the department; and

   (C) there is a compelling reason that the most appropriate placement for the child is in another planned, permanent living arrangement and the department has recommended the arrangement under AS 47.14.100(o); the findings under this paragraph must include the steps that are necessary to achieve the new arrangement;

   (3) if the court is unable to make a finding required under (2) of this subsection, the court shall hold another hearing within a reasonable period of time;

   (4) in addition to the findings required by (2) of this subsection, the court shall also make appropriate written findings related to
   (A) whether the department has made the reasonable efforts required under AS 47.10.086 to offer appropriate family support services to remedy the parent’s or guardian’s conduct or conditions in the home that made the child a child in need of aid under this chapter;

   (B) whether the parent or guardian has made substantial progress to remedy the parent’s or guardian’s conduct or conditions in the home that made the child a child in need of aid under this chapter;

   (C) if the permanent plan is for the child to remain in out-of- home care, whether
   (i) the child’s out-of-home placement continues to be appropriate and in the best interests of the child; and

   (ii) the department is making reasonable efforts to find a permanent placement for the child; and

   (D) whether the department has made reasonable efforts to finalize the permanent plan for the child;

   (5) the court shall hold a hearing to review the permanent plan at least annually until successful implementation of the plan; if the plan approved by the court changes after the hearing, the department shall promptly apply to the court for another permanency hearing, and the court shall conduct the hearing within 30 days after application by the department;

   (6) if the court finds, under (4)(C)(ii) of this subsection, that the department is not making reasonable efforts to find a permanent placement for the child, the court shall order the department to make reasonable efforts to find a permanent placement for the child unless the current placement is in the best interests of the child.

   (7) in a hearing to review the permanent plan under AS 47.10.111(c) or 47.10.112(c), the court shall make written findings related to whether
   (A) the person who filed the petition or proxy is entitled to placement preference under AS 47.14.100(e) or 25 U.S.C. 1915(a), whichever is applicable; and

   (B) if 25 U.S.C. 1915(a) applies, the current placement is in compliance with or whether there is good cause to deviate from the placement preferences.

   (m) [Repealed, § 74 ch 35 SLA 2003.]
   (n) [Repealed, § 74 ch 35 SLA 2003.]
   (o) For purposes of terminating a parent’s parental rights under the standards in (c)(3) of this section, the court may determine that incarceration of the parent is sufficient grounds for determining that a child is a child in need of aid under AS 47.10.011 as a result of parental conduct and that the parental rights of the incarcerated parent should be terminated if the court finds, based on clear and convincing evidence, that
   (1) the period of incarceration that the parent is scheduled to serve during the child’s minority is significant considering the child’s age and the child’s need for an adult’s care and supervision;

   (2) there is not another parent willing and able to care for the child; and

   (3) the incarcerated parent has failed to make adequate provisions for care of the child during the period of incarceration that will be during the child’s minority.

   (p) If a child is removed from the parental home, the department shall provide reasonable visitation between the child and the child’s parents, guardian, and family. When determining what constitutes reasonable visitation with a family member, the department shall consider the nature and quality of the relationship that existed between the child and the family member before the child was committed to the custody of the department. The court may require the department to file a visitation plan with the court. The department may deny visitation to the parents, guardian, or family members if there is clear and convincing evidence that visits are not in the child’s best interests. If the department denies visitation to a parent or family member of a child, the department shall inform the parent or family member of a reason for the denial and of the parent’s or adult family member’s right to request a review hearing as an interested person. A parent, adult family member, or guardian who is denied visitation may request a review hearing. A non-party adult family member requesting a review hearing under this subsection is not eligible for publicly appointed legal counsel.

   (q) If the court orders a child committed to the department under (c) of this section and the department places the child in licensed foster care, the department shall
   (1) provide the foster parent with a copy of
   (A) appropriate information held by the department regarding the child to the extent required by AS 47.12.310(b)(2)(H);

   (B) all initial, updated, and revised case service plans for the child, court orders relating to the child, and the child’s medical, mental, and education reports prepared by or for the department, including reports compiled before the child was placed with the foster parent; and

   (C) supplements to the plans, orders, and reports described in (B) of this paragraph;

   (2) require the foster parent to
   (A) maintain and update records regarding medical, mental, educational, and behavioral services provided to the child;

   (B) provide all records described in (A) of this paragraph to the department when the child leaves the foster home placement; and

   (C) maintain the confidentiality of records regarding a child placed in the foster home except when disclosure of the records is allowed under regulations of the department or when disclosure is reasonably necessary to ensure continuation of care for the child through appropriate medical, mental, educational, and behavioral services.

   (r) If the court orders a child committed to the department under (c) of this section, the court shall order the child’s parent or guardian to provide the department with
   (1) the names, addresses, and telephone numbers of all of the child’s medical providers;

   (2) the names, addresses, and telephone numbers of mental health providers that have provided services to the child;

   (3) the names, addresses, and telephone numbers of schools, preschools, or day care facilities that the child was attending before the child was committed to the department;

   (4) a description of special needs of the child, if any; and

   (5) the names and locations of relatives who may be willing to have the child placed in their home.

   (s) The department may transfer a child, in the child’s best interests, from one placement setting to another, and the child, the child’s parents or guardian, the child’s foster parents or out-of-home caregiver, the child’s guardian ad litem, the child’s attorney, and the child’s tribe are entitled to advance notice of a nonemergency transfer. A party opposed to the proposed transfer may request a hearing and must prove by clear and convincing evidence that the transfer would be contrary to the best interests of the child for the court to deny the transfer. A foster parent or out-of-home caregiver who requests a nonemergency change in placement of the child shall provide the department with reasonable advance notice of the requested change. When the department transfers a child from one out-of-home placement to another, the department shall search for an appropriate placement with an adult family member or a family friend who meets the foster care licensing requirements established by the department. A supervisor at the department shall certify in writing in the case file whether the department has searched for an appropriate placement with an adult family member or family friend. If the department has not complied with the search requirements under this subsection, the supervisor shall work to ensure that the department completes the search in the shortest time feasible.

   (t) For a child who is placed in foster care, when the department finds that it is in the best interest of a child and that the foster family will not be placed in undue risk of harm, the department shall require foster parents to provide regular opportunities for visitation with the child by the parents of the child and encourage foster parents to serve as mentors for facilitating family reunification.

   (u) A hearing conducted under this section is open to the public unless an exception provided in AS 47.10.070(c) applies to make the hearing closed to the public or unless prohibited by federal or state statute or regulation.

   (v) In addition to the extensions of state custody ordered by a court under (c)(1)(A) or (B) of this section, a court may grant in a hearing a resumption of state custody that does not extend beyond a person’s 21st birthday if the person
   (1) consents to it;

   (2) was placed in out-of-home care by the department immediately before being released from state custody and the person was
   (A) at least 18 years of age and released to the person’s own custody; or

   (B) at least 16 years of age and released to the
   (i) person’s own custody after the disabilities of minority were removed under AS 09.55.590; or

   (ii) custody of a parent or guardian because the person refused out-of-home care;

   (3) is in need of out-of-home care
   (A) to avoid personal harm;

   (B) because of the person’s severe emotional disturbance, mental disability, physical disability, homelessness, or a combination of those conditions;

   (C) because the person is completing an educational or vocational program; or

   (D) to otherwise improve the person’s successful transition to independent living; and

   (4) if requested by the department, agrees to reasonable terms for resuming state custody that may include matters relating to the person’s education, attainment of a job or life skills, or other terms found by the court to be reasonable and in the person’s best interest.

   (w) The court shall recognize a presumption that maintenance of a sibling relationship, including with a sibling who is related by blood, marriage, or adoption through one parent, is in a child’s best interest.

   (x) In any team-decision meeting the department holds to address the potential or actual transfer of a child from one placement setting to another, the department shall ask the participants for input regarding whether it is in the child’s best interest for the child to remain in the child’s current school for the remainder of the school term.

   (y) If the department transfers a child from one placement setting to another and it is reasonable and in the child’s best educational interests, the department shall immediately, and in advance of the transfer if possible, coordinate with the school the child is attending to ensure the child is permitted to attend that school through the end of the school term if the child’s new placement is in the same municipality and connected by road to the school. If federal funds and school district transportation funds are not available to pay for the cost of transportation for the child, the department shall pay the costs of transporting the child to school. The department shall work with the family or agency where the child is placed to arrange for transportation. The department shall consult with the school district regarding the child’s best interests, but the school district may not override the department’s decision to allow a child to remain in the current school through the end of the school term.

   Sec. 47.10.081. Predisposition hearing reports.
    (a) [Repealed, § 55 ch 59 SLA 1996.]
   (b) Before the disposition hearing of a child in need of aid, the department shall submit a predisposition report to aid the court in its selection of a disposition. This report must include, but is not limited to, the following:
   (1) a statement of changes in the child’s or parent’s behavior, which will aid the court in determining that supervision of the family or placement is no longer necessary;

   (2) if removal from the home is recommended, a description of the reasons the child cannot be protected or rehabilitated adequately in the home, including a description of any previous efforts to work with the parents and the child in the home and the parents’ attitude toward placement of the child;

   (3) a description of the potential harm to the child that may result from removal from the home and any efforts that can be made to minimize such harm; and

   (4) any further information that the court may request.

   (c) The court shall inform the child, the child’s parents and the attorneys representing the parties and the guardian ad litem that the predisposition report will be available to them not less than 10 days before the disposition hearing.

   (d) For purposes of this section, “parents” means the natural or adoptive parents, and any legal guardian, relative, or other adult person with whom the child has resided and who has acted as a parent in providing for the child for a continuous period of time before this action.

   Sec. 47.10.082. Health and safety of child and other considerations.
   In making its dispositional order under AS 47.10.080(c), the court shall keep the health and safety of the child as the court’s paramount concern and consider
   (1) the best interests of the child;

   (2) the ability of the state to take custody and to care for the child to protect the child’s best interests under AS 47.10.005 — 47.10.142; and

   (3) the potential harm to the child caused by removal of the child from the home and family environment.

   Sec. 47.10.083. Review of orders, requests for extensions.
   In a review under AS 47.10.080(f) and in a hearing related to a request for extended commitment or extended supervision under AS 47.10.080(c)(1) or (2), the court shall, in addition to the requirements of those provisions and the requirements of court rules, determine whether a child continues to be a child in need of aid at the time of the review or hearing. The court may not continue or extend state custody or supervision of the child unless the court finds that the child continues to be a child in need of aid except that, if the child is no longer a child in need of aid, the court may establish a specific timetable for gradual reunification of the family and termination of state custody or supervision if the court makes a finding that immediate reunification would be detrimental to the child.

    

    

    

   Sec. 47.10.084. Legal custody, guardianship, and residual parental rights and responsibilities.
    (a) When a child is committed under AS 47.10.080(c)(1) to the department, released under AS 47.10.080(c)(2) to the child’s parents, guardian, or other suitable person, or committed to the department or to a legally appointed guardian of the person of the child under AS 47.10.080(c)(3), a relationship of legal custody exists. This relationship imposes on the department and its authorized agents or the parents, guardian, or other suitable person the responsibility of physical care and control of the child, the determination of where and with whom the child shall live, the right and duty to protect, nurture, train, and discipline the child, the duty of providing the child with food, shelter, education, and medical care, and the right and responsibility to make decisions of financial significance concerning the child. These obligations are subject to any residual parental rights and responsibilities and rights and responsibilities of a guardian if one has been appointed. When a child is committed to the department and the department places the child with the child’s parent, the parent has the responsibility to provide and pay for food, shelter, education, and medical care for the child. When parental rights have been terminated, or there are no living parents and no guardian has been appointed, the responsibilities of legal custody include those in (b) and (c) of this section. The department or person having legal custody of the child may delegate any of the responsibilities under this section, except authority to consent to marriage, adoption, and military enlistment may not be delegated. For purposes of this chapter, a person in charge of a placement setting is an agent of the department.

   (b) When a guardian is appointed for the child, the court shall specify in its order the rights and responsibilities of the guardian. The guardian may be removed only by court order. The rights and responsibilities may include, but are not limited to, having the right and responsibility of reasonable visitation, consenting to marriage, consenting to military enlistment, consenting to major medical treatment, obtaining representation for the child in legal actions, and making decisions of legal or financial significance concerning the child.

   (c) When there has been transfer of legal custody or appointment of a guardian and parental rights have not been terminated by court decree, the parents shall have residual rights and responsibilities. These residual rights and responsibilities of the parent include, but are not limited to, the right and responsibility of reasonable visitation, consent to adoption, consent to marriage, consent to military enlistment, consent to major medical treatment except in cases of emergency or cases falling under AS 25.20.025, and the responsibility for support, except if by court order any residual right and responsibility has been delegated to a guardian under (b) of this section. In this subsection, “major medical treatment” includes the administration of medication used to treat a mental health disorder.

   (d) When the child is placed in foster care, the foster parent has the right and responsibility to use a reasonable and prudent parent standard to make decisions relating to the child. The foster parent may make decisions under (a) or (b) of this section that include decisions relating to the child’s participation in age-appropriate or developmentally appropriate activities, including travel, sports, field trips, overnight activities, and extracurricular, enrichment, cultural, and social activities. The department shall provide foster parents with training regarding the reasonable and prudent parent standard. In this subsection, “reasonable and prudent parent standard” means a standard characterized by careful and sensible decisions to maintain the health, safety, and best interests of the child while encouraging the emotional and developmental growth of the child.

   Sec. 47.10.085. Medical treatment by religious means.
   In a case in which the minor’s status as a child in need of aid is sought to be based on the need for medical care, the court may, upon consideration of the health of the minor and the fact, if it is a fact, that the minor is being provided treatment by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by an accredited practitioner of the church or denomination, dismiss the proceedings and thereby close the matter. This may be done, in the interests of justice and religious freedom, on the court’s own motion or upon the application of a party to the proceedings, at any stage of the proceedings after information is given to the court under AS 47.10.020(a).

    

    

    

   Sec. 47.10.086. Reasonable efforts.
    (a) Except as provided in (b), (c), and (g) of this section, the department shall make timely, reasonable efforts to provide family support services to the child and to the parents or guardian of the child that are designed to prevent out-of-home placement of the child or to enable the safe return of the child to the family home, when appropriate, if the child is in an out-of-home placement. The department’s duty to make reasonable efforts under this subsection includes the duty to
   (1) identify family support services that will assist the parent or guardian in remedying the conduct or conditions in the home that made the child a child in need of aid;

   (2) actively offer the parent or guardian, and refer the parent or guardian to, the services identified under (1) of this subsection; the department shall refer the parent or guardian to, and distribute to the parent or guardian information on, community-based family support services whenever community- based services are available and desired by the parent or guardian; the information may include the use of a power of attorney under AS 13.26.066 to select an individual to care for the child temporarily; and

   (3) document the department’s actions that are taken under (1) and (2) of this subsection.

   (b) If the court makes a finding at a hearing conducted under AS 47.10.080(l) that a parent or guardian has not sufficiently remedied the parent’s or guardian’s conduct or the conditions in the home despite reasonable efforts made by the department in accordance with this section, the court may conclude that continuation of reasonable efforts of the type described in (a) of this section are not in the best interests of the child. The department shall then make reasonable efforts to place the child in a timely manner in accordance with the permanent plan and to complete whatever steps are necessary to finalize the permanent placement of the child.

   (c) The court may determine that reasonable efforts of the type described in (a) of this section are not required if the court has found by clear and convincing evidence that
   (1) the parent or guardian has subjected the child to circumstances that pose a substantial risk to the child’s health or safety; these circumstances include abandonment, sexual abuse, torture, chronic mental injury, or chronic physical harm;

   (2) the parent or guardian has
   (A) committed homicide under AS 11.41.100 — 11.41.130 of a parent of the child or of a child;

   (B) aided or abetted, attempted, conspired, or solicited under AS 11.16 or AS 11.31 to commit a homicide described in (A) of this paragraph;

   (C) committed an assault that is a felony under AS 11.41.200 — 11.41.220 and results in serious physical injury to a child; or

   (D) committed the conduct described in (A) — (C) of this paragraph that violated a law or ordinance of another jurisdiction having elements similar to an offense described in (A) — (C) of this paragraph;

   (3) the parent or guardian has, during the 12 months preceding the permanency hearing, failed to comply with a court order to participate in family support services;

   (4) the department has conducted a reasonably diligent search over a time period of at least three months for an unidentified or absent parent and has failed to identify and locate the parent;

   (5) the parent or guardian is the sole caregiver of the child and the parent or guardian has a mental illness or mental deficiency of such nature and duration that, according to the statement of a psychologist or physician, the parent or guardian will be incapable of caring for the child without placing the child at substantial risk of physical or mental injury even if the department were to provide family support services to the parent or guardian for 12 months;

   (6) the parent or guardian has previously been convicted of a crime involving a child in this state or in another jurisdiction and, after the conviction, the child was returned to the custody of the parent or guardian and later removed because of an additional substantiated report of physical or sexual abuse by the parent or guardian;

   (7) a child has suffered substantial physical harm as the result of abusive or neglectful conduct by the parent or guardian or by a person known by the parent or guardian and the parent or guardian knew or reasonably should have known that the person was abusing the child;

   (8) the parental rights of the parent have been terminated with respect to another child because of child abuse or neglect, the parent has not remedied the conditions or conduct that led to the termination of parental rights, and the parent has demonstrated an inability to protect the child from substantial harm or the risk of substantial harm;

   (9) the child has been removed from the child’s home on at least two previous occasions, family support services were offered or provided to the parent or guardian at those times, and the parent or guardian has demonstrated an inability to protect the child from substantial harm or the risk of substantial harm;

   (10) the parent or guardian is incarcerated and is unavailable to care for the child during a significant period of the child’s minority, considering the child’s age and need for care by an adult; or

   (11) the parent or guardian
   (A) has sexually abused the child or another child of the parent or guardian; or

   (B) is registered or required to register as a sex offender or child kidnapper under AS 12.63.

   (d) If the court determines under (b) or (c) of this section that reasonable efforts under (a) of this section are not required to be provided,
   (1) the court shall hold a permanency hearing for the child within 30 days after the determination; and

   (2) the department shall make reasonable efforts to place the child in a timely manner in accordance with the permanency plan, and complete whatever steps are necessary to finalize the permanent placement of the child.

   (e) The department may develop and implement an alternative permanency plan for the child while the department is also making reasonable efforts to return the child to the child’s family under (a) of this section.

   (f) In making determinations and reasonable efforts under this section, the primary consideration is the child’s best interests.

   (g) The department is not required to make reasonable efforts of the type described in (a) of this section if the department took emergency custody of an infant under AS 47.10.142 after the infant was abandoned safely within the meaning of AS 47.10.013(c).

   (h) The department shall engage a child who is 14 years of age or older in the development or revision of a case plan, permanency goal, or alternative permanency plan for the child. The department shall also allow the child to select not more than two adults to participate in the development or revision of the plan in addition to the child’s foster parents or department employees who are supervising the care of the child. The department may reject an adult selected by the child if the department has good cause to believe that the adult will not act in the best interests of the child. If the department rejects an adult, the child may select another adult. The child may designate one of the adults to be the child’s advisor, and the advisor may advocate for the child.

   Sec. 47.10.087. Placement in secure residential psychiatric treatment centers.
    (a) The court may authorize the department to place a child who is in the custody of the department under AS 47.10.080(c)(1) or (3) or 47.10.142 in a secure residential psychiatric treatment center if the court finds, based on the testimony of a mental health professional, that
   (1) the child is gravely disabled or is suffering from mental illness and, as a result, is likely to cause serious harm to the child or to another person;

   (2) there is no reasonably available, appropriate, and less restrictive alternative for the child’s treatment or that less restrictive alternatives have been tried and have failed; and

   (3) there is reason to believe that the child’s mental condition could be improved by the course of treatment or would deteriorate if untreated.

   (b) A court shall review a placement made under this section at least once every 90 days. The court may authorize the department to continue the placement of the child in a secure residential psychiatric treatment center if the court finds, based on the testimony of a mental health professional, that the conditions or symptoms that resulted in the initial order have not ameliorated to such an extent that the child’s needs can be met in a less restrictive setting and that the child’s mental condition could be improved by the course of treatment or would deteriorate if untreated.

   (c) The department shall transfer a child from a secure residential psychiatric treatment center to another appropriate placement if the mental health professional responsible for the child’s treatment determines that the child would no longer benefit from the course of treatment or that the child’s treatment needs could be met in a less restrictive setting. The department shall notify the child, the child’s parents or guardian, and the child’s guardian ad litem of a determination and transfer made under this subsection.

   (d) In this section, “likely to cause serious harm” has the meaning given in AS 47.30.915.

   Sec. 47.10.088. Involuntary termination of parental rights and responsibilities.
    (a) Except as provided in AS 47.10.080(o), the rights and responsibilities of the parent regarding the child may be terminated for purposes of freeing a child for adoption or other permanent placement if the court finds by clear and convincing evidence that
   (1) the child has been subjected to conduct or conditions described in AS 47.10.011;

   (2) the parent
   (A) has not remedied the conduct or conditions in the home that place the child at substantial risk of harm; or

   (B) has failed, within a reasonable time, to remedy the conduct or conditions in the home that place the child in substantial risk so that returning the child to the parent would place the child at substantial risk of physical or mental injury; and

   (3) the department has complied with the provisions of AS 47.10.086 concerning reasonable efforts.

   (b) In making a determination under (a)(2) of this section, the court may consider any fact relating to the best interests of the child, including
   (1) the likelihood of returning the child to the parent within a reasonable time based on the child’s age or needs;

   (2) the amount of effort by the parent to remedy the conduct or the conditions in the home;

   (3) the harm caused to the child;

   (4) the likelihood that the harmful conduct will continue; and

   (5) the history of conduct by or conditions created by the parent.

   (c) In a proceeding under this chapter involving termination of the parental right of a parent, the court shall consider the best interests of the child.

   (d) Except as provided in (e) of this section, the department shall petition for termination of a parent’s rights to a child, without making further reasonable efforts, when a child is under the jurisdiction of the court under AS 47.10.010 and 47.10.011, and
   (1) the child has been in foster care for at least 15 of the most recent 22 months;

   (2) the court has determined that the child is abandoned under AS 47.10.013 and the child is younger than six years of age;

   (3) the court has made a finding under AS 47.10.086(b) or a determination under AS 47.10.086(c) that the best interests of the child do not require further reasonable efforts by the department;

   (4) a parent has made three or more attempts within a 15-month period to remedy the parent’s conduct or conditions in the home without lasting change; or

   (5) a parent has made no effort to remedy the parent’s conduct or the conditions in the home by the time of the permanency hearing under AS 47.10.080(l).

   (e) If one or more of the conditions listed in (d) of this section are present, the department shall petition for termination of the parental rights to a child unless the department
   (1) has documented a compelling reason for determining that filing the petition would not be in the best interests of the child; a compelling reason under this paragraph may include care by a relative for the child; or

   (2) is required to make reasonable efforts under AS 47.10.086 and the department has not provided to the parent, consistent with the time period in the department’s case plan, the family support services that the department has determined are necessary for the safe return of the child to the home.

   (f) A child is considered to have entered foster care under this chapter on the earlier of
   (1) the date of the first judicial finding of child abuse or neglect; or

   (2) 60 days after the date of removal of the child from the child’s home under this chapter.

   (g) This section does not preclude the department from filing a petition to terminate the parental rights and responsibilities to a child for other reasons, or at an earlier time than those specified in (d) of this section, if the department determines that filing a petition is in the best interests of the child.

   (h) The court may order the termination of parental rights and responsibilities of one or both parents under AS 47.10.080(c)(3) and commit the child to the custody of the department. The rights of one parent may be terminated without affecting the rights of the other parent.

   (i) The department shall concurrently identify, recruit, process, and approve a qualified person or family for an adoption whenever a petition to terminate a parent’s rights to a child is filed. Before identifying a placement of the child in an adoptive home, the department shall attempt to locate all living adult family members of the child and, if an adult family member expresses an interest in adopting the child, investigate the adult family member’s ability to care for the child. The department shall provide to all adult family members of the child located by the department written notice of the adult family members’ rights under this chapter and of the procedures necessary to gain custody of the child, but the department’s obligation to provide written notice under this subsection does not apply to a parent of the child whose parental rights are being or have been terminated or to an adult family member who is known by the department to be ineligible for a foster care license under AS 47.32 and regulations adopted under AS 47.32. If an adult family member of the child requests that the department approve the adult family member for an adoption, the department shall approve the request unless there is good cause not to approve the adoption. If the court issues an order to terminate under (j) of this section, the department shall report within 30 days on the efforts being made to recruit a permanent placement for the child if a permanent placement was not approved at the time of the trial under (j) of this section. The report must document recruitment efforts made for the child.

   (j) No later than six months after the date on which the petition to terminate parental rights is filed, the court before which the petition is pending shall hold a trial on the petition unless the court finds that good cause is shown for a continuance. When determining whether to grant a continuance for good cause, the court shall take into consideration the age of the child and the potential adverse effect that the delay may have on the child. The court shall make written findings when granting a continuance.

   (k) The court shall issue an order on the petition to terminate within 90 days after the last day of the trial on the petition to terminate parental rights.

   Sec. 47.10.089. Voluntary relinquishment of parental rights and responsibilities.
    (a) When a child is committed to the custody of the department under AS 47.10.080(c)(1) or (3) or released under AS 47.10.080(c)(2), the rights of a parent with respect to the child, including parental rights to control the child, to withhold consent to an adoption, or to receive notice of a hearing on a petition for adoption, may be voluntarily relinquished to the department and the relationship of parent and child terminated in a proceeding as provided under this section.

   (b) A voluntary relinquishment must be in writing and signed by a parent, regardless of the age of the parent, in the presence of a representative of the department or in the presence of a court of competent jurisdiction with the knowledge and approval of the department. A copy of the signed relinquishment shall be given to the parent.

   (c) A voluntary relinquishment may be withdrawn within 10 days after it is signed. The relinquishment is invalid unless the relinquishment contains the right of withdrawal as specified under this subsection.

   (d) A parent may retain privileges with respect to the child, including the ability to have future contact, communication, and visitation with the child in a voluntary relinquishment executed under this section. A retained privilege must be in writing and stated with specificity.

   (e) Not less than 10 days after a voluntary relinquishment is signed, the court shall enter an order terminating parental rights if the court determines that termination of parental rights under the terms of the relinquishment is in the child’s best interest. If a parent has retained one or more privileges under (d) of this section, the court shall incorporate the retained privileges in the termination order with a recommendation that the retained privileges be incorporated in an adoption or legal guardianship decree.

   (f) A voluntary relinquishment may not be withdrawn and a termination order may not be vacated on the ground that a retained privilege has been withheld from the relinquishing parent or that the relinquishing parent has been unable, for any reason, to act on a retained privilege, except as provided in Rule 60(b), Alaska Rules of Civil Procedure.

   (g) After a termination order is entered, a person who has voluntarily relinquished parental rights under this section may request a review hearing, upon a showing of good cause, to seek enforcement or modification of or to vacate a privilege retained in the termination order. The court may modify, enforce, or vacate the retained privilege if the court finds, by clear and convincing evidence, that it is in the best interest of the child to do so.

   (h) After a termination order is entered and before the entry of an adoption or legal guardianship decree, a person who voluntarily relinquished parental rights to a child under this section may request a review hearing, upon a showing of good cause, to vacate the termination order and reinstate parental rights relating to that child. A court shall vacate a termination order if the person shows, by clear and convincing evidence, that reinstatement of parental rights is in the best interest of the child and that the person is rehabilitated and capable of providing the care and guidance that will serve the moral, emotional, mental, and physical welfare of the child.

   (i) A person who relinquished parental rights is entitled to the appointment of an attorney if a hearing is requested under (g), (h), or (j) of this section to the same extent as if the parent’s rights had not been terminated in a child-in-need-of-aid proceeding.

   (j) After a termination order is entered and before the entry of an adoption or legal guardianship decree, a prospective adoptive parent or a guardian of a child who is the subject of the adoption or guardianship decree may request, after providing notice as specified under this subsection, that the court decline to incorporate a privilege retained in a termination order and recommended for incorporation in an adoption or guardianship decree under (e) of this section. The request made under this subsection may only be considered by the court after providing at least 20 days’ notice by certified mail to the last known address of the person who has voluntarily relinquished parental rights to the child. The notice under this subsection must describe the request and explain that the recipient of the notice may submit a written statement under penalty of perjury to the court that the recipient either agrees with or opposes the request. The notice must also include the deadline for submitting the statement and the mailing address of the court. The court may decline to incorporate a retained privilege if the person who retained the privilege agrees with the request or if the court finds that it is in the child’s best interest.

   Sec. 47.10.090. Court records.
    (a) The court shall make and keep records of all cases brought before it.

   (b) [Repealed, § 55 ch 59 SLA 1996.]
   (c) Within 30 days after the date of a child’s 18th birthday or, if the court retains jurisdiction of a child past the child’s 18th birthday, within 30 days after the date on which the court releases jurisdiction over the child, the court shall order all the court’s official records pertaining to that child in a proceeding under this chapter sealed. A person may not use these sealed records unless authorized by order of the court upon a finding of good cause.

   (d) The name or picture of a child under the jurisdiction of the court may not be made public in connection with the child’s status as a child in need of aid unless authorized by order of the court or unless to implement the permanency plan for a child after all parental rights of custody have been terminated. This subsection does not prohibit the release of aggregate information for statistical or other informational purposes if the identity of any particular person is not revealed by the release.

   (e) The court’s official records under this chapter may be inspected only with the court’s permission and only by persons having a legitimate interest in them. A foster parent is considered to have a legitimate interest in those portions of the court’s records relating to a child who is placed by the department with the foster parent or who the department proposes for placement with the foster parent.

   Sec. 47.10.092. Disclosure to certain public officials and employees.
    (a) Notwithstanding AS 47.10.090 and 47.10.093, a parent or legal guardian of a child subject to a proceeding under AS 47.10.005 — 47.10.142 may disclose confidential or privileged information about the child or the child’s family, including information that has been lawfully obtained from agency or court files, to the governor, the lieutenant governor, a legislator, the ombudsman appointed under AS 24.55, the attorney general, and the commissioner of family and community services, administration, or public safety, or an employee of these persons, for review or use in their official capacities. The Department of Family and Community Services and the Department of Administration shall disclose additional confidential or privileged information, excluding privileged attorney-client information, and make copies of documents available for inspection about the child or the child’s family to these state officials or employees for review or use in their official capacities upon request of the official or employee and submission of satisfactory evidence that a parent or legal guardian of the child has requested the state official’s assistance in the case as part of the official’s duties. A person to whom disclosure is made under this section may not disclose confidential or privileged information about the child or the child’s family to a person not authorized to receive it.

   (b) The disclosure right under (a) of this section is in addition to, and not in derogation of, the rights of a parent or legal guardian of a minor.

   (c) The obligations under (a) of this section remain in effect throughout the period that the child is in the custody of the department, including after the parent’s parental rights have been terminated with respect to the child, unless the child’s parent or legal guardian who made the disclosure under (a) of this section subsequently files a notice with the Department of Family and Community Services that the assistance of the state official or employee is no longer requested.

   (d) The Department of Family and Community Services shall notify an official identified under (a) of this section of the opportunity for a parent to file a grievance under AS 47.10.098 when the official is denied access to all or part of a requested record.

   (e) Each department shall respond to a request made by an official identified under (a) of this section within five working days after receiving the request, or by a later date specified in the request, by providing access to all or part of the information requested or by providing the specific citation to a federal or state law that prohibits disclosure of all or part of the information requested.

   (f) A person who discloses confidential or privileged information in violation of (a) of this section is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than $500 or by imprisonment for not more than one year, or by both.

   Sec. 47.10.093. Disclosure of agency records.
    (a) Except as permitted in AS 47.10.092, (b) — (g) and (i) — (l) of this section, and AS 47.17.030(g) and (h), all information and social records pertaining to a child who is subject to this chapter or AS 47.17 prepared by or in the possession of a federal, state, or municipal agency or employee in the discharge of the agency’s or employee’s official duty are privileged and may not be disclosed directly or indirectly to anyone without a court order.

   (b) A state or municipal agency or employee shall disclose appropriate confidential information regarding a case to
   (1) a guardian ad litem appointed by the court;

   (2) a person or an agency requested by the department or the child’s legal custodian to provide consultation or services for a child who is subject to the jurisdiction of the court under AS 47.10.010 as necessary to enable the provision of the consultation or services;

   (3) an out-of-home care provider as necessary to enable the out-of-home care provider to provide appropriate care to the child, to protect the safety of the child, and to protect the safety and property of family members and visitors of the out-of-home care provider;

   (4) a school official as necessary to enable the school to provide appropriate counseling and support services to a child who is the subject of the case, to protect the safety of the child, and to protect the safety of school students and staff;

   (5) a governmental agency as necessary to obtain that agency’s assistance for the department in its investigation or to obtain physical custody of a child;

   (6) a law enforcement agency of this state or another jurisdiction as necessary for the protection of any child or for actions by that agency to protect the public safety;

   (7) a member of a multidisciplinary child protection team created under AS 47.14.300 as necessary for the performance of the member’s duties;

   (8) the state medical examiner under AS 12.65 as necessary for the performance of the duties of the state medical examiner;

   (9) a person who has made a report of harm as required by AS 47.17.020 to inform the person that the investigation was completed and of action taken to protect the child who was the subject of the report;

   (10) the child support services agency established in AS 25.27.010 as necessary to establish and collect child support for a child who is a child in need of aid under this chapter;

   (11) a parent, guardian, or caregiver of a child or an entity responsible for ensuring the safety of children as necessary to protect the safety of a child;

   (12) a review panel, including a variance committee established under AS 47.05.360, established by the department for the purpose of reviewing the actions taken by the department in a specific case;

   (13) the University of Alaska under the Alaska education savings program for children established under AS 47.14.400, but only to the extent that the information is necessary to support the program and only if the information released is maintained as a confidential record by the University of Alaska;

   (14) a child placement agency licensed under AS 47.32 as necessary to provide services for a child who is the subject of the case;

   (15) a state or municipal agency of this state or another jurisdiction that is responsible for delinquent minors, as may be necessary for the administration of services, protection, rehabilitation, or supervision of a child or for actions by the agency to protect the public safety; however, a court may review an objection made to a disclosure under this paragraph; the person objecting to the disclosure bears the burden of establishing by a preponderance of the evidence that disclosure is not in the child’s best interest; and

   (16) a sibling of a child who is the subject of the case to allow the siblings to contact each other if it is in the best interests of the child to maintain contact; in this paragraph, “sibling” means an adult or minor who is related to the child who is the subject of the case by blood, adoption, or marriage as a child of one or both of the parents of the child who is the subject of the case; a sibling who is adopted by a person other than the parent of the child who is the subject of the case remains a sibling of the child.

   (c) A state or municipal law enforcement agency shall disclose information regarding a case that is needed by the person or agency charged with making a preliminary investigation for the information of the court under AS 47.10.020.

   (d) [Repealed, § 55 ch 59 SLA 1996.]
   (e) [Repealed, § 55 ch 59 SLA 1996.]
   (f) The department may release to a person with a legitimate interest confidential information relating to children not subject to the jurisdiction of the court under AS 47.10.010.

   (g) The department and affected law enforcement agencies shall work with school districts and private schools to develop procedures for the disclosure of confidential information to a school official under (b)(4) of this section. The procedures must provide a method for informing the principal or the principal’s designee of the school that the student attends as soon as it is reasonably practicable.

   (h) [Repealed, § 55 ch 59 SLA 1996.]
   (i) The commissioner of family and community services or the commissioner’s designee or the commissioner of administration or the commissioner’s designee, as appropriate, may disclose to the public, upon request, confidential information, as set out in (j) of this section, when
   (1) the parent or guardian of a child who is the subject of one or more reports of harm under AS 47.17 has made a public disclosure concerning the department’s involvement with the family;

   (2) the alleged perpetrator named in one or more reports of harm under AS 47.17 has been charged with a crime concerning the alleged abuse or neglect; or

   (3) abuse or neglect has resulted in the fatality or near fatality of a child who is the subject of one or more reports of harm under AS 47.17.

   (j) The department may publicly disclose information pertaining to a child or an alleged perpetrator named in a report of harm described under (i) of this section, or pertaining to a household member of the child or the alleged perpetrator, if the information relates to a determination, if any, made by the department regarding the nature and validity of a report of harm under AS 47.17 or to the department’s activities arising from the department’s investigation of the report. The commissioner or the commissioner’s designee
   (1) shall withhold disclosure of the child’s name, picture, or other information that would readily lead to the identification of the child if the department determines that the disclosure would be contrary to the best interests of the child, the child’s siblings, or other children in the child’s household; or

   (2) after consultation with a prosecuting attorney, shall withhold disclosure of information that would reasonably be expected to interfere with a criminal investigation or proceeding or a criminal defendant’s right to a fair trial in a criminal proceeding.

   (k) Except for a disclosure made under (i) of this section, a person to whom disclosure is made under this section may not disclose confidential information about the child or the child’s family to a person not authorized to receive it.

   (l) The Department of Family and Community Services and the Department of Administration shall adopt regulations to implement and interpret the duties of the respective department under this section, including regulations governing the release of confidential information and identifying a sufficient legitimate interest under (f) of this section.

   (m) A person may not bring an action for damages against the state, the commissioner, or the commissioner’s designee based on the disclosure or nondisclosure of information under (i) of this section except for civil damages resulting from gross negligence or reckless or intentional misconduct.

   (n) A person who discloses confidential information in violation of this section is guilty of a class B misdemeanor.

   (o) In this section, “school” means a public or private elementary or secondary school.

   Sec. 47.10.095. Arrest of a minor. [Repealed, § 55 ch 59 SLA 1996. For current law, see AS 47.12.200.]
   Sec. 47.10.097. Fingerprinting of minors. [Repealed, § 55 ch 59 SLA 1996. For current law, see AS 47.12.210.]
   Sec. 47.10.098. Grievance procedure.
    (a) The department shall develop, in regulation, a grievance procedure for a parent to file a complaint based on
   (1) the application of a department policy or procedure under this chapter;

   (2) compliance with this chapter or a regulation adopted under this chapter; or

   (3) an act or failure to act by the department under this chapter.

   (b) The department shall prepare and distribute to each parent of a child who is under the jurisdiction of the department a written copy of the grievance procedure developed under (a) of this section.

   Sec. 47.10.100. Retention of jurisdiction over child.
    (a) The court retains jurisdiction over the case and may at any time stay execution, modify, set aside, revoke, or enlarge a judgment or order, or grant a new hearing, in the exercise of its power of protection over the child and for the child’s best interest, for a period of time not to exceed two years or in any event extend past the day the child reaches 19 years of age, unless sooner discharged by the court, except that the department may apply for and the court may grant an additional one-year period of custody or supervision past 19 years of age and additional one-year periods of custody that do not extend beyond the person’s 21st birthday if continued custody or supervision is in the best interests of the person and the person consents to it. An application for any of these purposes may be made by the parent, guardian, or custodian acting in behalf of the child, or the court may, on its own motion, and after reasonable notice to interested parties and the appropriate department, take action that it considers appropriate.

   (b) If the court determines at a hearing authorized by (a) of this section that the department has complied with the requirements for release of a child under AS 47.14.100(q) and that it is in the best interests of the child to be released to the child’s own custody, or to the care or custody of the child’s parent, guardian, or custodian, it shall enter an order to that effect and the child is discharged from the control of the department.

   (c) If a child is adjudicated a child in need of aid before the child’s 18th birthday, the court may retain jurisdiction over the child after the child’s 18th birthday for the purpose of supervising the child, but the court’s jurisdiction over the minor under this chapter never extends beyond the child’s 19th birthday, except that the department may apply for and the court may grant an additional one-year period of custody or supervision past 19 years of age and additional one-year periods of custody that do not extend beyond the person’s 21st birthday if continued custody or supervision is in the best interests of the person and the person consents to it. The department may retain jurisdiction over a child if the child has been placed in the custody or under the supervision of the department before the child’s 18th birthday, except that the department may apply for and the court may grant an additional one-year period of custody or supervision past 19 years of age and additional one-year periods of custody that do not extend beyond the person’s 21st birthday if continued custody or supervision is in the best interests of the person and the person consents to it.

   Sec. 47.10.110. Appointment of guardian or custodian.
   When, in the course of a proceeding under this chapter, it appears to the court that the welfare of a minor will be promoted by the appointment of a guardian or custodian of the minor’s person, the court may make the appointment. The court shall have a summons issued and served upon the parents of the minor, if they can be found, in a manner and within a time before the hearing that the court considers reasonable. The court may determine whether the father, mother, another suitable person, or the department shall have the custody and control of the minor. If the minor is of sufficient age and intelligence to state desires, the court shall consider them.

    

    

    

   Sec. 47.10.111. Petition for adoption or guardianship of a child in state custody.
    (a) Except as provided under AS 13.26.137(b)(2) and AS 25.23.030(d)(2), if a person seeks adoption or appointment as legal guardian of a child in state custody under this chapter, the court shall hear the adoption or guardianship proceedings as part of the child-in-need-of-aid proceedings relating to the child. A person may initiate proceedings for the adoption or legal guardianship of a child in state custody under this chapter by filing with the court a petition
   (1) for adoption that meets the requirements of AS 25.23.080; or

   (2) to be appointed legal guardian that meets the requirements of AS 13.26.147.

   (b) If a person files a petition for adoption or legal guardianship of a child under (a) of this section before the court approves adoption or legal guardianship as the permanent plan for the child under AS 47.10.080(l)(2), the court shall hold the petition in abeyance until after the court has approved adoption or legal guardianship as the permanent plan for the child under AS 47.10.080(l).

   (c) If a person files a petition for adoption or legal guardianship of a child who is in out-of-home placement, and the child is not placed with the person who files the petition at the time the person files the petition, the department shall, not more than 60 days after the petition is filed, submit a permanent plan to the court. The court shall hold a hearing to review the permanent plan for the child under AS 47.10.080(l) not more than 90 days after the petition is filed.

   (d) A person who files a petition for adoption or legal guardianship of a child under this section does not become a party to the child-in-need-of-aid proceedings. A person who files a petition for adoption or legal guardianship of a child under this section may only participate in proceedings under this chapter that concern the person’s petition.

   (e) A parent who has consented to adoption under AS 25.23.060, who has relinquished parental rights under AS 47.10.089, or whose parental rights have been terminated under AS 47.10.080(o) or 47.10.088, is not a party to the adoption or guardianship proceedings under this section.

   (f) Except as provided in this section, the requirements of AS 25.23 apply to a petition for adoption filed under this section, and the requirements of AS 13.26.101 — 13.26.186 apply to a petition for legal guardianship filed under this section.

   Sec. 47.10.112. Proxy for a formal petition for adoption or legal guardianship.
    (a) A person seeking the immediate permanent placement of a child in state custody under this chapter may file a proxy for a formal petition for adoption or legal guardianship of the child. The court shall hear proceedings related to the proxy as part of the child-in-need-of-aid proceedings relating to the child. In the case of an Indian child, a proxy for a formal petition for
   (1) adoption preserves the placement preferences of 25 U.S.C. 1915(a) with respect to the person who files the proxy; and

   (2) legal guardianship preserves the placement preferences of 25 U.S.C. 1915(b) with respect to the person who files the proxy.

   (b) A proxy filed under this section does not initiate proceedings for adoption or legal guardianship. A person seeking to adopt a child in state custody must file a petition for adoption as required under AS 25.23. A person seeking to be appointed legal guardian of a child in state custody must file a petition for appointment as required under AS 13.26.101 — 13.26.186.

   (c) If a person files a proxy for a formal petition for adoption or legal guardianship of a child who is in out-of-home placement, and the child is not placed with the person who files the proxy at the time the person files the proxy, the department shall, not more than 60 days after the proxy is filed, submit a permanent plan to the court. The court shall hold a hearing to review the permanent plan for the child under AS 47.10.080(l) not more than 90 days after the proxy is filed.

   (d) A person who files a proxy for a formal petition for adoption or legal guardianship of a child under this section does not become a party to the child-in- need-of-aid proceedings. A person who files a proxy for a formal petition for adoption or legal guardianship may only participate in proceedings under this chapter that concern the person’s proxy.

   (e) A person who files a proxy for a formal petition for adoption or legal guardianship of a child is not entitled to the appointment of a lawyer at public expense.

   (f) A person who receives a proxy for a formal petition for adoption or legal guardianship shall file the proxy with the court.

   (g) The department may adopt regulations to implement this section.

   (h) In this section,
   (1) “extended family member”
   (A) means a person who is at least 18 years of age and who is the child’s grandparent, aunt, uncle, sibling, brother-in-law, sister-in-law, niece, nephew, first or second cousin, or stepparent; or

   (B) in the case of an Indian child, has the meaning given in 25 U.S.C. 1903;

   (2) “proxy for a formal petition” or “proxy” means
   (A) a request by a person who is interested in immediate permanent placement and adoption or legal guardianship of a child, and is an extended family member, member of an Indian child’s tribe, or other Indian family member, made at any court hearing or conveyed to the department by telephone, mail, facsimile, electronic mail, or in person;

   (B) in the case of an Indian child, a request made to the department on behalf of a person described in (A) of this paragraph by
   (i) the Indian child’s biological parent, individually or through counsel; or

   (ii) the Indian child’s tribe, a tribe in which the Indian child is eligible for enrollment, or a tribe in which the Indian child’s biological parent is a member; or

   (C) a proxy for a formal petition, as established by the department by regulation.

   Sec. 47.10.113. Civil custody proceedings.
    (a) Except as provided in AS 25.24.150(a), a court shall hear a request to make, modify, or vacate an order for the custody of or visitation with a minor child in state custody under this chapter as part of the child-in-need-of-aid proceedings relating to the child.

   (b) A person who files a request for an order to make, modify, or vacate an order for the custody of or visitation with a minor child in state custody under this chapter is not entitled to the appointment of a lawyer at public expense under this section.

   (c) Except as provided in this section, the requirements of AS 25.24.010 — 25.24.180 apply to a request under this section to make, modify, or vacate an order for the custody of or visitation with a minor child in state custody under this chapter.

   Sec. 47.10.115. Permanent fund dividend.
    (a) The department shall annually apply for a permanent fund dividend and retain in trust under AS 43.23.015(e) for the benefit of the child the dividend and accrued interest on the dividend if the child is in the custody of the department when the application is due.

   (b) The department shall distribute the proceeds of a trust under this section
   (1) to the child when the child
   (A) has reached 21 years of age; or

   (B) is no longer in the custody of the department and has reached at least 18 years of age or is emancipated; or

   (2) when

   ordered to do so by the court in the best interest of the child.

   (c) [Repealed, § 14 ch 7 4SSLA 2016.]

   Sec. 47.10.120. Support of child.
    (a) When a child in need of aid is committed under this chapter, the court or the child support services agency created in AS 25.27.010 shall, after giving the parent a reasonable opportunity to be heard, require that the parent pay to the department in a manner that the court or the child support services agency directs a sum to cover in full or in part the maintenance and care of the child. The support obligation shall be calculated under Rule 90.3(i) of the Alaska Rules of Civil Procedure.

   (b) If a parent wilfully fails or refuses to pay the sum fixed, the parent may be proceeded against as provided by law in cases of family desertion and nonsupport.

   (c) The sum collected from a parent under this section shall be directly credited to the general fund of the state.

   (d) [Repealed, § 28 ch 90 SLA 1991.]

   Sec. 47.10.130. Detention. [Repealed, § 55 ch 59 SLA 1996. For current law, see AS 47.12.240.]
   Sec. 47.10.140. Temporary detention and detention hearing. [Repealed, § 55 ch 59 SLA 1996. For current law, see AS 47.12.250.]
   Sec. 47.10.141. Runaway and missing minors.
    (a) Upon receiving a written, telephonic, or other request to locate a minor evading the minor’s legal custodian or to locate a minor otherwise missing, a law enforcement agency shall make reasonable efforts to locate the minor and shall immediately complete a missing person’s report containing information necessary for the identification of the minor. The report must be submitted to the Alaska Public Safety Information Network, the National Crime Information Center, and the missing persons information clearinghouse in accordance with AS 18.65.

   (b) A peace officer shall take into protective custody a minor described in (a) of this section if the minor is not otherwise subject to arrest or detention. Unless (c) of this section applies, when a peace officer takes a minor into protective custody under this subsection,
   (1) the peace officer shall
   (A) return the minor to the minor’s parent or guardian at the parent’s or guardian’s residence if the residence is in the same community where the minor was found and if the minor’s parent or guardian consents to the return, except that the officer may not use this option if the officer has reasonable cause to believe that the minor has experienced physical or sexual abuse in the parent’s or guardian’s household;

   (B) take the minor to a nearby location agreed to by the minor’s parent or guardian if the parent or guardian does not consent to return of the minor under (A) of this paragraph and the officer does not have reasonable cause to believe that the minor has experienced physical or sexual abuse in the parent’s or guardian’s household; or

   (C) if disposition of the minor is not made under (A) or (B) of this paragraph, take the minor to
   (i) an office specified by the Department of Family and Community Services;

   (ii) a program for runaway minors licensed by the department under AS 47.10.310;

   (iii) a shelter for runaways that has a permit from the department under AS 47.32 that agrees to shelter the minor;

   (iv) a facility or contract agency of the department; or

   (v) another suitable location and promptly notify the department if an office specified by the department, a licensed program for runaway minors, a shelter for runaways that will accept the minor, or a facility or contract agency of the department does not exist in the community;

   (2) if the peace officer plans to take the minor to an office, program, shelter, or facility under (1)(C) of this subsection, the peace officer shall give the highest priority to taking the minor to an office, program, shelter, or facility that is semi-secure;

   (3) a minor under protective custody may not be housed in a jail or other detention facility but may be housed in a semi-secure portion of an office, program, shelter, or other facility under (1)(C) of this subsection;

   (4) the peace officer, immediately upon taking a minor into protective custody, shall
   (A) advise the minor of available mediation services and of the right to social services under AS 47.10.142(b); and

   (B) if the identity of the minor’s parent or guardian is known, advise the minor’s parent or guardian that the minor has been taken into protective custody and that counseling services for the minor’s parent or guardian and the minor’s household may be available under AS 47.10.142(b).

   (c) A minor may be taken into emergency protective custody by a peace officer and placed into temporary detention in a juvenile detention facility in the local community if there has been an order issued by a court under (j) of this section. A minor detained under this subsection shall be brought before a court on the day the minor is detained, or if that is not possible, within 24 hours after the detention for a hearing to determine the most appropriate placement in the best interests of the minor. A minor taken into emergency protective custody under this subsection may not be detained for more than 24 hours, except as provided under (j) of this section. Emergency protective custody may not include placement of a minor in an adult correctional facility, an adult jail, or a temporary secure juvenile holding area, nor may an order for protective custody be enforced against a minor who is residing in a licensed program for runaway minors, as defined in AS 47.10.390.

   (d) If, after investigation of a report of a missing minor, a law enforcement agency has reason to believe that the minor is involuntarily absent from the custody of a custodial parent or guardian, the department shall notify the Bureau of Vital Statistics of the disappearance and shall provide the bureau with a description of the minor. The description of the minor must include, if known, the minor’s full name, date and place of birth, parent’s names, and mother’s maiden name. If the Department of Public Safety has reason to believe that the minor, whether born in this state or not, has been enrolled in a specific school or school district in the state, the department shall also notify the last known school or school district attended in the state by the missing minor of the disappearance. When a person who was listed as a missing minor is found, the Department of Public Safety shall notify the Bureau of Vital Statistics and any school or school district previously informed of the person’s disappearance.

   (e) In the absence of gross negligence or intentional misconduct, an office, program, shelter, or facility, or an employee of an office, program, shelter, or facility, to which a minor is taken by a peace officer for semi-secure custody is not subject to civil or criminal liability based on the minor’s leaving the office, program, shelter, or facility without permission unless the office, program, shelter, or facility is not in compliance with the department’s regulations that set standards for semi-security and the lack of compliance was a material factor in the minor’s being able to leave without permission.

   (f) If a child, without permission, leaves the semi-secure portion of an office, program, shelter, or facility to which the child was taken by a peace officer under (b)(1)(C) of this section, the office, program, shelter, or facility shall immediately notify the department and the nearest law enforcement agency of the identity of the child and the child’s absence. If the same child is again taken into protective custody under (b) of this section and the peace officer knows that the child has previously been reported under this subsection as missing from a semi-secure placement, the peace officer, in addition to taking the appropriate action under (b) of this section, shall report the circumstances and the identity of the child to the department. Within 48 hours after receiving this report, the department shall determine whether to file a petition alleging that the child is a child in need of aid under AS 47.10.011. If the department decides not to file a petition alleging that the child is a child in need of aid, the department shall, within seven state working days after receiving the report from the peace officer under this subsection, send to the child’s parents or guardian, as applicable, written notice of its determination not to proceed with the petition, including the reasons on which the determination was based. If the department is unable to obtain a reasonably reliable address for a parent or guardian, the department shall keep a copy of the notice on file and, notwithstanding AS 47.10.093, release the notice to the child’s parent or guardian on request of the parent or guardian. If the department files a petition alleging that the child is a child in need of aid, the court shall proceed under AS 47.10.142(d).

   (g) If the department files a petition alleging the child is a child in need of aid under AS 47.10.011(5) because the child is habitually absent from home or refuses available care, the child’s parent or guardian shall attend each hearing held during the child-in-need-of-aid proceedings unless the court excuses the parent or guardian from attendance for good cause. If the child is found to be a child in need of aid, the court may order that the
   (1) child participate in treatment;

   (2) parent or guardian personally participate in treatment reasonably available in the parent or guardian’s community as specified in a plan set out in the court order; and

   (3) child and the parent or guardian comply with other conditions set out in the court order.

   (h) If the court orders a minor’s parent or guardian to participate in the treatment under (g) of this section, the court may also order the parent or guardian to use available insurance or another resource to cover the treatment, or to pay for the treatment if other coverage is unavailable.

   (i) If the parent or guardian fails to attend a hearing as required by the court under (g) of this section, the hearing shall proceed without the presence of the parent.

   (j) The court shall issue a written order if the court determines that a minor shall be placed in a juvenile detention facility as a result of violating a court order issued under AS 47.10.080(c)(1) or 47.10.142(f). An order issued under this subsection
   (1) must include a finding of probable cause that the minor is a runaway in wilful violation of a court order and identify the court order the minor has violated;

   (2) must specify the factual basis for determining that there is reasonable cause to believe that the minor has violated a court order;

   (3) must describe how the minor’s current situation poses a severe and imminent risk to the minor’s life or safety;

   (4) must include findings of fact to support a determination that there is not an appropriate, less restrictive alternative to placing the minor in a juvenile detention facility available, with due consideration to the best interests of the minor;

   (5) must include a plan for the minor’s release from the juvenile detention facility in the least amount of time necessary, not to exceed seven days unless otherwise specified by the court; and

   (6) may not be renewed or extended.

   (k) In this section,
   (1) “law enforcement agency” has the meaning given in AS 12.36.090;

   (2) “semi-secure” means operated according to standards that may be established by the department in regulations that are designed to require a level of security that will reasonably ensure that, if a minor leaves without permission, the minor’s act of leaving will be immediately noticed;

   (3) “temporary secure juvenile holding area” has the meaning given in AS 47.12.990.

   Sec. 47.10.142. Emergency custody and temporary placement hearing.
    (a) The Department of Family and Community Services may take emergency custody of a child upon discovering any of the following circumstances:
   (1) the child has been abandoned as abandonment is described in AS 47.10.013;

   (2) the child has been neglected by the child’s parents or guardian, as “neglect” is described in AS 47.10.014, and the department determines that immediate removal from the child’s surroundings is necessary to protect the child’s life or provide immediate necessary medical attention;

   (3) the child has been subjected to physical harm by a person responsible for the child’s welfare, and the department determines that immediate removal from the child’s surroundings is necessary to protect the child’s life or that immediate medical attention is necessary; or

   (4) the child or a sibling has been sexually abused under circumstances listed in AS 47.10.011(7).

   (b) The department shall offer available counseling services to the person having legal custody of a minor described in AS 47.10.141 and to the members of the minor’s household if it determines that counseling services would be appropriate in the situation. If, after assessing the situation, offering available counseling services to the legal custodian and the minor’s household, and furnishing appropriate social services to the minor, the department considers it necessary, the department may take emergency custody of the minor.

   (c) When a child is taken into custody under (a) or (b) of this section or when the department is notified of a child’s presence in either a program for runaway children under AS 47.10.300 — 47.10.390 or a shelter for runaway children under AS 47.10.392 — 47.10.399, the department shall immediately, and in no event more than 24 hours later unless prevented by lack of communication facilities, notify the parents or the person or persons having custody of the child. If the department determines that continued custody is necessary to protect the child, the department shall notify the court of the emergency custody by filing, within 24 hours after custody was assumed, a petition alleging that the child is a child in need of aid. If the department releases the child within 24 hours after taking the child into custody and does not file a child in need of aid petition, the department shall, within 24 hours after releasing the child, file with the court a report explaining why the child was taken into custody, why the child was released, and to whom the child was released.

   (d) The court shall immediately, and in no event more than 48 hours after being notified unless prevented by lack of transportation, hold a temporary custody hearing at which the child, if the child’s health permits, and the child’s parents or guardian, if they can be found, shall be permitted to be present. If present at the hearing, a parent or guardian of the child may request a continuance of the hearing for the purpose of preparing a response to the allegation that the child is a child in need of aid. The court may grant the request on a showing of good cause for why the parent or guardian is not prepared to respond to the allegation. During a continuance, the child remains in the temporary legal custody of the department, except as otherwise provided in this subsection. At the first hearing under this subsection, regardless of whether a continuance is granted, the court shall make a preliminary determination of whether continued placement in the home of the child’s parent or guardian would be contrary to the welfare of the child. If a court determines that continued placement in the home of the child’s parent or guardian would not be contrary to the welfare of the child, the court shall return the authority to place the child to the child’s parent or guardian pending a temporary custody hearing under (e) of this section.

   (e) When the temporary custody hearing is held, the court shall determine whether probable cause exists for believing the child to be a child in need of aid, as defined in AS 47.10.990. If the court finds that probable cause exists, it shall order the child committed to the department for temporary placement, or order the child returned to the custody of the child’s parents or guardian, subject to the department’s supervision of the child’s care and treatment. The court shall inform the child, and the child’s parents or guardian if they can be found, of the reasons for finding probable cause, authorizing the child’s temporary placement, and, if applicable, finding that continued placement in the home of the child’s parents or guardian would be contrary to the welfare of the child. If the court finds no probable cause, it shall order the child returned to the custody of the child’s parents or guardian.

   (f) When a minor is committed to the department for temporary placement under (e) of this section, the court order shall specify the terms, conditions, and duration of placement. If the court orders the minor returned to the custody of the minor’s parents or guardian under (e) of this section after a hearing held on a petition filed under AS 47.10.141(f), the court shall specify the terms and conditions that must be followed by the minor and the minor’s parents or guardian. The court shall require the minor to remain in the placement provided by the department and shall clearly state in the order the consequences of violating the order, including detention under AS 47.10.141(c).

   (g) [Repealed, § 74 ch 35 SLA 2003.]
   (h) Within 12 months after a child is committed to the department under this section, the court shall review the placement plan and actual placement of the child under AS 47.10.080(l).

   (i) When the department takes emergency custody of a child under this section or a court orders a child committed to the department for temporary placement under this section, the department shall, to the extent feasible and consistent with the best interests of the child, place the child according to the criteria specified under AS 47.14.100(e). A supervisor at the department shall certify in writing in the case file whether the department has searched for an appropriate placement with an adult family member or family friend. If the department has not complied with the search requirements under this subsection, the supervisor shall work to ensure that the department completes the search in the shortest time feasible if it is consistent with the best interests of the child.

   Secs. 47.10.150 — 47.10.180. General power, duty, and authority of the department. [Repealed, § 55 ch 59 SLA 1996. For current law, see AS 47.14.010 — 47.14.050.]
   Sec. 47.10.190. Detention of minors. [Repealed, § 55 ch 59 SLA 1996. For current law, see AS 47.12.240(a).]
   Sec. 47.10.200. Releasing juveniles after commitment. [Repealed, § 55 ch 59 SLA 1996. For current law, see AS 47.12.260.]
   Sec. 47.10.210. Youth counsellors. [Repealed, § 55 ch 59 SLA 1996. For current law, see AS 47.12.270.]
   Sec. 47.10.220. Grants-in-aid. [Repealed, § 55 ch 59 SLA 1996. For current law, see AS 47.10.980 and 47.12.980.]
   Secs. 47.10.230 — 47.10.260. Care of children. [Repealed, § 55 ch 59 SLA 1996. For current law, see AS 47.14.100 — 47.14.130.]
   Sec. 47.10.265. Youth courts. [Repealed, § 55 ch 59 SLA 1996. For current law, see AS 47.12.400.]
   Sec. 47.10.270. [Renumbered as AS 47.10.970.]
   Sec. 47.10.280. Purpose of chapter. [Repealed, § 1 ch 152 SLA 1976. For current similar provisions, see AS 47.06.020.]
   Sec. 47.10.290. [Renumbered as AS 47.10.990.]
   Article 2. Programs for Runaway Minors.
   Sec. 47.10.300. Powers and duties of the department.
   The department shall
   (1) review, inspect, and approve or disapprove for licensing proposed or established programs for runaway minors to ensure the health and safety of minors in the program;

   (2) maintain a register of licensed programs for runaway minors;

   (3) award nonprofit corporations or municipalities grants for the establishment or operation of licensed programs for runaway minors;

   (4) adopt regulations for the administration of AS 47.10.300 — 47.10.390, including regulations providing for the coordination of services to be provided by licensed programs for runaway minors and by the department.

   Sec. 47.10.310. Licensing of programs for runaway minors.
    (a) A person may not operate a program for runaway minors in the state without a license issued under this section. A person who violates this subsection is guilty of a violation.

   (b) The department may license a program for runaway minors under AS 47.10.300 — 47.10.390 only if the program
   (1) is operated by a corporation or a municipality; and

   (2) meets the requirements of (c) of this section.

   (c) A program for runaway minors shall
   (1) explain to a minor who seeks assistance from the program the legal rights and responsibilities of runaway minors and the services and assistance provided for runaway minors by the program and by the state or local municipality;

   (2) upon admission of a minor to the program, attempt to determine why the minor is a runaway and what services may be necessary or appropriate for reuniting the minor with the minor’s family;

   (3) provide or help arrange for the provision of services necessary to promote the health and welfare of a minor in the program and, if appropriate, members of the minor’s family; services may include, but are not limited to, the provision of food, shelter, clothing, medical care, and individual, group, or family counseling;

   (4) within one state working day after admission of a minor to the program inform the department of a minor in the program
   (A) who claims to be the victim of child abuse or neglect, as defined in AS 47.17.290;

   (B) whom an employee of the program has cause to believe has been a victim of child abuse or neglect; or

   (C) whom an employee of the program has reason to believe is evading the supervision of the department, the person to whom the department has entrusted supervision, or the minor’s legal guardian;

   (5) be operated with the goal of reuniting runaway minors with their families, except in cases in which reunification is clearly contrary to the best interest of the minor; and

   (6) maintain adequate staffing and accommodations to ensure physical security and to provide crisis services to minors residing in a facility operated by the program; a program that, as determined by the department, regularly receives state money in an amount that exceeds one-fourth of the program’s costs shall maintain semi-secure portions of its facilities in a proportion that meets regulations established by the department; residents under 18 years of age shall be segregated from residents who are 18 years of age or older.

   (d) A program for runaway minors may provide services for the protection of the health and welfare of a person under 21 years of age who is in need of the services and who is without a place of shelter in which supervision and care of the person are available.

   (e) A program for runaway minors that operates a licensed residential shelter in the state shall provide a shelter with a capacity designated in the license issued under AS 47.10.300 — 47.10.390.

   Sec. 47.10.320. Residence in runaway minor program facilities.
   A runaway minor may maintain residency for a period not exceeding 45 days at a facility operated as part of a licensed program for runaway minors. The minor may maintain residency without the consent of the person or agency having custody of the minor, except that if the court has ordered the minor committed to the custody of the department, written consent of the department is required. The residency may be extended for an additional period of 45 days with the written consent of the person or agency having custody of the minor. A minor may not maintain residency beyond the 90th day following admission to a licensed program for runaway minors without the written consent of the person or agency having custody of the minor and the written consent of the department.

    

    

    

   Sec. 47.10.330. Notice to minor’s legal custodian.
    (a) [Repealed, § 24 ch 33 SLA 1994.]
   (b) The director of a program for runaway minors shall promptly notify a minor’s legal custodian if the minor is released from the program into the custody of a person other than the legal custodian or a person representing the legal custodian.

   Sec. 47.10.340. Confidentiality of records.
   Records of a licensed program for runaway minors that identify a minor who has been admitted to or has sought assistance from the program are confidential and are not subject to inspection or copying under AS 40.25.110 — 40.25.120, unless
   (1) after being informed of the minor’s right to privacy, the minor consents in writing to the disclosure of the records;

   (2) the records are relevant to an investigation or proceeding involving child abuse or neglect or a child in need of aid petition; or

   (3) disclosure of the records is necessary to protect the life or health of the minor.

   Sec. 47.10.350. Immunity from liability.
    (a) The officers, directors, and employees of a licensed program for runaway minors are not liable for civil damages as a result of an act or omission in admitting a minor to the program.

   (b) This section does not preclude liability for civil damages as a result of recklessness or intentional misconduct.

   (c) The officers, directors, and employees of a licensed program for runaway minors are not criminally liable under AS 11.51.130(a)(4) for assisting a minor in the program.

   Sec. 47.10.360. Municipal powers.
   Authority to establish and operate a licensed program for runaway minors is granted to municipalities that do not otherwise have that authority.

    

    

    

   Sec. 47.10.390. Definitions.
   In AS 47.10.300 — 47.10.390,
   (1) “licensed program for runaway minors” means a residential or nonresidential program licensed by the department under AS 47.10.310;

   (2) “runaway minor” means a person under 18 years of age who
   (A) is habitually absent from home; or

   (B) refuses to accept available care;

   (3) “semi-secure” has the meaning given in AS 47.10.141(k).

   Article 3. Shelters for Runaway Minors.
   Sec. 47.10.392. Certificate required.
   A private residence may not be held out publicly as a shelter for runaway minors unless the residence
   (1) is designated a shelter for runaways by a corporation that is licensed to make the designation under AS 47.32; and

   (2) has a valid permit from the department signifying that designation.

   Sec. 47.10.394. Operation of shelters.
    (a) A shelter for runaways may not shelter a runaway minor for more than seven days unless the department determines that
   (1) the minor is the subject of exceptional circumstances; or

   (2) another appropriate setting is not available for the minor.

   (b) The provider of a shelter for runaways shall promptly, but within one state working day, inform the department of a runaway minor in the shelter
   (1) who claims to be the victim of child abuse or neglect;

   (2) whom the provider has reasonable cause to suspect has been a victim of child abuse or neglect; or

   (3) whom the provider has reason to believe is evading the supervision of the department, the person to whom the department has entrusted supervision, or the minor’s legal guardian.

   (c) In this section, “child abuse or neglect” has the meaning given in AS 47.17.290.

   Sec. 47.10.396. Confidentiality of records.
   If the department requires record keeping by a shelter for runaways or by a corporation that is licensed to designate shelters for runaways, records of the shelter and the corporation that identify a runaway minor who has been sheltered in a shelter for runaways or has sought assistance from a shelter for runaways are confidential and are not subject to inspection or copying under AS 40.25.110 — 40.25.120 unless
   (1) after being informed of the minor’s right to privacy, the minor consents in writing to the disclosure of the records;

   (2) the records are relevant to an investigation or proceeding involving child abuse or neglect or a child in need of aid petition; or

   (3) disclosure of the records is necessary to protect the life or health of the minor.

   Sec. 47.10.398. Immunity from liability.
    (a) A person in a shelter for runaways, or in a home for which an application to be designated a shelter for runaways is being considered by a corporation licensed for that purpose by the department, that is operated in a manner that is consistent with AS 47.10.392 — 47.10.399 and regulations adopted under those sections is not criminally liable under AS 11.51.130(a)(4).

   (b) Except as provided in (c) of this section, the provider of a shelter for runaways, or of a home for which an application to be designated a shelter for runaways is being considered by a corporation approved for that purpose by the department, that is operated in a manner that is consistent with AS 47.10.392 — 47.10.399 and regulations adopted under those sections and the members of the provider’s household, other than a runaway minor, are not liable for civil damages as a result of an act or omission
   (1) in admitting or refusing to admit a runaway minor to the shelter or home; or

   (2) by a runaway minor who is sheltered in the shelter or home.

   (c) The provisions of (b) of this section do not preclude liability for civil damages as a result of recklessness or intentional misconduct.

   Sec. 47.10.399. Definitions.
   In AS 47.10.392 — 47.10.399,
   (1) “runaway minor” has the meaning given in AS 47.10.390;

   (2) “shelter for runaways” or “shelter for runaway minors” means a private residence whose legal occupant agrees to shelter, with or without compensation, a runaway minor accepted into the residence by the legal occupant and that
   (A) is not simultaneously licensed under AS 47.10.310 as a program for runaway minors;

   (B) has been designated a shelter for runaways by a corporation licensed for that purpose under AS 47.32; and

   (C) has a permit issued by the department under AS 47.32.

   Secs. 47.10.400 — 47.10.490. Citizens’ review panel for permanency planning. [Repealed, § 55 ch 59 SLA 1996. For current law, see AS 47.14.200 — 47.14.299.]
   Article 4. General Provisions.
   Sec. 47.10.960. Civil liability.
    (a) Failure to comply with a provision of this title does not constitute a basis for civil liability for damages.

   (b) Nothing in this section shall be construed to prohibit a civil action for common law negligence or an action under AS 09.55.580 on behalf of a child who is injured or dies while in the custody of the state.

   Sec. 47.10.970. Appropriations.
   Funds to carry out this chapter shall be provided for in the general appropriation Act of the legislature.

    

    

    

   Sec. 47.10.980. Grants-in-aid.
   The department may accept grants-in-aid from the federal government or private foundations and may accept other gifts consistent with the purposes of this chapter.

    

    

    

   Sec. 47.10.990. Definitions.
   In this chapter, unless the context otherwise requires,
   (1) “adult family member” means a person who is 18 years of age or older and who is
   (A) related to the child as the child’s grandparent, aunt, uncle, or sibling;

   (B) the child’s sibling’s legal guardian or parent; or

   (C) in the case of an Indian child, an extended family member as defined in 25 U.S.C. 1903;

   (2) “care” means to provide for the physical, mental, and social needs of the child;

   (3) “child” means a person who is
   (A) under 18 years of age;

   (B) 19 years of age if that person was under 18 years of age at the time that a proceeding under this chapter was commenced; and

   (C) under 21 years of age if that person is committed to the custody of the department under AS 47.10.080(c)(1) or (v);

   (4) “child in need of aid” means a child found to be within the jurisdiction of the court under AS 47.10.010 and 47.10.011;

   (5) “commissioner” means the commissioner of family and community services;

   (6) “court” means the superior court of the state;

   (7) “custodian” means a natural person 18 years of age or older to whom a parent or guardian has transferred temporary physical care, custody, and control of the child for a period of time;

   (8) “department” means the Department of Family and Community Services;

   (9) “domestic violence” has the meaning given in AS 18.66.990;

   (10) “family member” means a person of any age who is
   (A) related to the child as the child’s grandparent, aunt, uncle, or sibling;

   (B) the child’s sibling’s legal guardian or parent; or

   (C) in the case of an Indian child, an extended family member as defined in 25 U.S.C. 1903;

   (11) “family support services” means the services and activities provided to children and their families, including those provided by the community, a church, or other service organization, both to prevent removal of a child from the parental home and to facilitate the child’s safe return to the family; “family support services” may include counseling, substance abuse treatment, mental health services, assistance to address domestic violence, visitation with family members, parenting classes, in-home services, temporary child care services, and transportation;

   (12) “foster care” means care provided by a person or household under a foster home license required under AS 47.32;

   (13) “gravely disabled” has the meaning given in AS 47.30.915;

   (14) “guardian” means a natural person who is legally appointed guardian of the child by the court;

   (15) “hazardous volatile material or substance” has the meaning given in AS 47.37.270;

   (16) “Indian child” has the meaning given in 25 U.S.C. 1903;

   (17) “Indian child’s tribe” has the meaning given in 25 U.S.C. 1903;

   (18) “infant” means a child who is less than 21 days of age;

   (19) “intoxicant” means a substance that temporarily diminishes a person’s control over mental or physical powers, including alcohol, controlled substances under AS 11.71, and a hazardous volatile material or substance misused by inhaling its vapors;

   (20) “juvenile detention facility ” has the meaning given in AS 47.12.990;

   (21) “mental health professional” has the meaning given in AS 47.30.915, except that, if the child is placed in another state by the department, “mental health professional” also includes a professional listed in the definition of “mental health professional” in AS 47.30.915 who is not licensed to practice by a board of this state but is licensed by a corresponding licensing authority to practice in the state in which the child is placed;

   (22) “mental illness” has the meaning given in AS 47.30.915;

   (23) “mental injury” has the meaning given in AS 47.17.290;

   (24) “near fatality” means physical injury or other harm, as certified by a physician, caused by an act or omission that created a substantial risk of death;

   (25) “out-of-home care provider” means a foster parent or relative other than a parent with whom the child is placed;

   (26) “parent” means the biological or adoptive parent of the child;

   (27) “permanency hearing” means a hearing
   (A) designed to reach a decision in a case concerning the permanent placement of a child under AS 47.10; and

   (B) at which the direction of the case involving the child is determined;

   (28) “physical injury” has the meaning given in AS 11.81.900(b);

   (29) “reasonable efforts” means, with respect to family support services required under AS 47.10.086, consistent attempts made during a reasonable time period and time-limited services;

   (30) “reasonable time” means a period of time that serves the best interests of the child, taking in account the affected child’s age, emotional and developmental needs, and ability to form and maintain lasting attachments;

   (31) “secure residential psychiatric treatment center” has the meaning given “residential psychiatric treatment center” in AS 47.32.900;

   (32) “serious physical injury” has the meaning given in AS 11.81.900(b);

   (33) “sexual abuse” means the conduct described in AS 11.41.410 — 11.41.460; conduct constituting “sexual exploitation” as defined in AS 47.17.290, and conduct prohibited by AS 11.66.100 — 11.66.150;

   (34) “support” has the meaning given in AS 11.51.120(b).

   Chapter 14. Juvenile Programs and Institutions.

   Article 1. Juvenile Institutions.
   Sec. 47.14.010. General powers of department over juvenile facilities and institutions.
   The department may
   (1) purchase, lease, or construct buildings or other facilities for the care, detention, rehabilitation, and education of children in need of aid or delinquent minors;

   (2) adopt plans for construction of juvenile detention facilities, juvenile treatment facilities, and other juvenile institutions;

   (3) adopt standards and regulations for the design, construction, repair, maintenance, and operation of all juvenile detention facilities, juvenile treatment facilities, and institutions;

   (4) inspect periodically each juvenile detention facility, juvenile treatment facility, or other institution to ensure that the standards and regulations adopted are being maintained;

   (5) reimburse municipalities maintaining and operating juvenile detention facilities;

   (6) enter into contracts and arrangements with cities and state and federal agencies to carry out the purposes of AS 47.10, AS 47.12, and this chapter;

   (7) do all acts necessary to carry out the purposes of AS 47.10, AS 47.12, and this chapter;

   (8) adopt the regulations necessary to carry out AS 47.10, AS 47.12, and this chapter;

   (9) accept donations, gifts, or bequests of money or other property for use in construction of juvenile institutions, detention facilities, or juvenile treatment facilities;

   (10) operate juvenile detention facilities when municipalities are unable to do so;

   (11) receive, care for, and place in a juvenile detention facility, the minor’s own home, a foster home, a juvenile treatment facility, or treatment institution all minors committed to its custody under AS 47.10, AS 47.12, and this chapter.

   Sec. 47.14.020. Duties of department.
   The department shall
   (1) accept all minors committed to the custody of the department and all minors who are involved in a written agreement under AS 47.14.100(c), and provide for the welfare, control, care, custody, and placement of these minors in accordance with this chapter;

   (2) require and collect statistics on juvenile offenses and offenders in the state;

   (3) conduct studies and prepare findings and recommendations on the need, number, type, construction, maintenance, and operating costs of juvenile detention facilities, juvenile treatment facilities, and other institutions, and adopt and submit a plan for construction of the facilities and institutions when needed, together with a plan for financing the construction programs;

   (4) examine, where possible, all facilities, institutions, and places of juvenile detention and treatment in the state and inquire into their methods and the management of juveniles in them.

   Sec. 47.14.025. Applicability; inclusions of certain persons as minors.
   The provisions of AS 47.14.010 — 47.14.050 apply to a person who is 18 years of age or older and who is subject to the jurisdiction of AS 47.12 due solely to AS 47.12.020(b). To implement this section, the term “minor” as used in AS 47.14.010 — 47.14.050 includes a person described in this section.

    

    

   Sec. 47.14.030. Use of standardized form by facilities.
   For the purpose of collecting statistics, the department shall establish and require state and local agencies that operate a jail or other detention facility to use a standardized form to keep a record and report the admission of a minor. The record shall be limited to the name of the minor admitted, the minor’s date of birth, the specific offense for which the minor was admitted, the date and time admitted, the date and time released, the sex of the minor, the ethnic origin of the minor, and other information required by federal law. Except for the notation of the date and time of the minor’s release, the record shall be prepared at the time of the minor’s admission. Unless otherwise provided by law, information and records obtained under this section are confidential and are not public records. They may be disclosed only for the purpose of compiling statistics and in a manner that does not reveal the identity of the minor.

    

    

   Sec. 47.14.040. Authority to maintain and operate temporary secure juvenile holding area, juvenile detention facility, or juvenile treatment facility.
    (a) A municipality or entity may maintain and operate a temporary secure juvenile holding area, and a municipality or a nonprofit corporation may maintain and operate a juvenile detention facility or juvenile treatment facility.

   (b) The municipality or nonprofit corporation may receive grants-in-aid from the state for costs of operation of the temporary secure juvenile holding area or facility maintained and operated under (a) of this section.

   Sec. 47.14.050. Operation of homes and facilities.
   Article 2. Care of Children.
    (a) The department shall adopt standards and regulations for the operation of juvenile detention facilities and juvenile treatment facilities in the state.

   (b) The department may enter into contracts with municipalities and other governmental agencies for the detention of juveniles before and after commitment by juvenile authorities. A contract may not be made for longer than one year.

   Sec. 47.14.100. Powers and duties of department over care of child.
    (a) Subject to (e), (f), and (i) — (m) of this section, the department shall arrange for the care of every child committed to its custody by placing the child in a foster home or in the care of an agency or institution providing care for children inside or outside the state. The department may place a child in a suitable family home, with or without compensation, and may place a child released to it, in writing verified by the parent, or guardian or other person having legal custody, for adoptive purposes, in a home for adoption in accordance with existing law. For a child 16 years of age or older, the department may authorize another transitional living arrangement, including student dormitory residence at a postsecondary educational institution, that adequately meets the child’s needs and is designed to assist the child’s transition to independent living.

   (b) The department may pay the costs of maintenance that are necessary to assure adequate care of the child, and may accept funds from the federal government that are granted to assist in carrying out the purposes of this chapter, or that are paid under contract entered into with a federal department or agency. A child under the care of the department may not be placed in a family home or institution that does not maintain adequate standards of care.

   (c) The department may receive, care for, and make appropriate placement of minors accepted for care for a period of up to six months on the basis of an individual voluntary written agreement between the minor’s parent, legal guardian, or other person having legal custody and the department. The agreement must include provisions for payment of fees under AS 44.29.022 to the department for the minor’s care and treatment. The agreement entered into may not prohibit a minor’s parent, legal guardian, or other person who had legal custody from regaining care of the minor at any time.

   (d) In addition to money paid for the maintenance of foster children under (b) of this section, the department
   (1) shall pay the costs of caring for foster children with physical or mental disabilities, including the additional costs of medical care, habilitative and rehabilitative treatment, services and equipment, and special clothing, and the indirect costs of medical care, including child care and transportation expenses;

   (2) may pay for respite care; in this paragraph, “respite care” means child care for the purpose of providing temporary relief from the stresses of caring for a foster child; and

   (3) may pay a subsidized guardianship payment under AS 25.23.210 when a foster child’s foster parents or other persons approved by the department become court-appointed legal guardians of the child.

   (e) When a child is removed from a parent’s home, the department shall search for an appropriate placement with an adult family member or family friend. A supervisor at the department shall certify in writing in the case file whether the department has searched for an appropriate placement with an adult family member or family friend. If the department has not complied with the search requirements under this subsection, the supervisor shall work to ensure that the department completes the search in the shortest time feasible. The department shall place the child, in the absence of clear and convincing evidence of good cause to the contrary,
   (1) in the least restrictive setting that most closely approximates a family and that meets the child’s special needs, if any;

   (2) within reasonable proximity to the child’s home, taking into account any special needs of the child and the preferences of the child or parent;

   (3) with, in the following order of preference,
   (A) an adult family member;

   (B) a family friend who meets the foster care licensing requirements established by the department;

   (C) a licensed foster home that is not an adult family member or family friend;

   (D) an institution for children that has a program suitable to meet the child’s needs.

   (f) If an adult family member of the child specified under (e) of this section exists and agrees that the child should be placed elsewhere, before placement elsewhere, the department shall fully communicate the nature of the placement proceedings to the adult family member. Communication under this subsection shall be made in the adult family member’s native language, if necessary.

   (g) The department may enter into agreements with Alaska Native villages or Native organizations under 25 U.S.C. 1919 (Indian Child Welfare Act of 1978) respecting the care and custody of Native children and jurisdiction of Native child custody proceedings.

   (h) The department may not pay for respite care, as defined in (d) of this section, unless the department or the entity that has contracted with the department to provide the respite care requests criminal history record information as permitted by P.L. 105-277 and AS 12.62 for the individual who provides the respite care within 10 business days after the individual is hired to provide respite care and reviews the information within five business days after receiving it.

   (i) A child may not be placed with an out-of-home care provider if the department determines that the child can remain safely at home with an adult family member or guardian who lives with the child. In this subsection, “out-of-home care provider” means an agency or person, other than the child’s legal parents, with whom a child who is in the custody of the state under AS 47.10.080(c)(1) or (3), 47.10.142, or (c) of this section is currently placed; “agency or person” includes a foster parent, a relative other than a parent, a person who has petitioned for adoption of the child, and a residential child care facility.

   (j) For the purpose of determining whether the home of a relative meets the requirements for placement of a child under (e) of this section or under AS 47.10.088(i), the department shall conduct a criminal background check from state and national criminal justice information available under AS 12.62. The department may conduct a fingerprint background check on any member of the relative’s household who is 16 years of age or older when the relative requests placement of the child. For the purposes of obtaining criminal justice information under this subsection, the department is a criminal justice agency conducting a criminal justice activity under AS 12.62.

   (k) Notwithstanding other provisions of this section, the department may not pay for inpatient psychiatric services provided to a person under 21 years of age and who is in the custody of the department if the services are provided in an out-of-state psychiatric hospital facility or an out-of-state residential psychiatric treatment center unless the department determines that the assistance is for
   (1) psychiatric hospital services that are consistent with the person’s clinical diagnosis and appropriately address the person’s needs and that these services are unavailable in the state; or

   (2) residential psychiatric treatment center services that are consistent with the person’s clinical diagnosis and appropriately address the person’s needs and that these services are unavailable in the state.

   (l) The department shall, on a monthly basis, evaluate what types of services are available in the state for inpatient psychiatric care for persons under 21 years of age. If inpatient psychiatric services that are consistent with the person’s clinical diagnosis and that appropriately address the person’s needs become available at a location in the state for a person under 21 years of age who is receiving the services under this section at a location outside the state, the department shall, as a condition of continued payment by the state for the services, require the person to be transferred to the in-state facility unless the department determines that the transfer would be detrimental to the person’s health, established therapeutic relationship, or clinical need.

   (m) Prima facie evidence of good cause not to place a child with an adult family member or family friend under AS 47.10.088(i) or under (e) of this section includes the failure to meet the requirements for a foster care license under AS 47.32 and regulations adopted under AS 47.32, taking into account a waiver, variance, or exemption allowed under AS 47.32.030(a)(3) and 47.32.032. Prima facie evidence of good cause not to place a child with an adult family member or adult family friend does not include poverty or inadequate or crowded housing. If the department denies a request for placement with an adult family member or a family friend, the department shall inform the adult family member or family friend of the basis for the denial and the right to request a hearing to review the decision. A non-party adult family member or family friend requesting a review hearing under AS 47.10.088(i) or under (e) of this section is not eligible for publicly appointed legal counsel.

   (n) Except as provided in (o) and (p) of this section, the department shall continue to search for a suitable adoptive or permanent legal guardianship for a child or person who is in the custody of the state and who is under 21 years of age.

   (o) The department may recommend to the court another planned permanent living arrangement for a child who is in state custody only if
   (1) the child is 16 years of age or older;

   (2) the department has unsuccessfully made intensive efforts to find a permanent placement for the child; and

   (3) the department, after considering reunification, adoption, legal guardianship, or permanent placement with a fit and willing relative, determines that there is a compelling reason that the most appropriate permanency plan for the child is placement in another planned permanent living arrangement, and the department documents for the court the compelling reason for the alternate plan.

   (p) The department may release from state custody a child or person who has been committed to the custody of the department, before the custody is ordered to end, only if the person, if the person is 19 years of age or older, consents, or
   (1) the child or person, if the child or person is over 16 years of age and available, and the guardian ad litem are notified not less than 30 days before a motion for release is filed unless the parties agree to a shorter notice period;

   (2) the department files a motion with the court for release of state custody that describes the reasons the release is in the best interest of the child or person; and

   (3) a court makes a written finding that release from state custody is in the best interest of the child or person.

   (q) When custody of a child who has been committed to the custody of the department is due to expire, the department shall file a notice of release with the court 30 days before the date of release unless the parties agree to a shorter notice period and distribute the notice to the parties, including the child if the child is 16 years of age or older and available.

   (r) The department shall make reasonable efforts to place siblings in the same placement if the siblings are residing in the same home when taken into the custody of the department. If siblings are not placed together after reasonable efforts have been made, the case supervisor for the division with responsibility over the custody of children shall document in the file the efforts that were made and the reason separating the siblings for placement purposes is in the best interest of the children. If it is in the best interests of the children to maintain contact, the department shall provide each sibling with contact information for the other sibling and encourage the children’s caregivers to provide opportunities for contact between the siblings. In this subsection, “sibling” means two or more persons who are related by blood, adoption, or marriage as a child of one or both parents.

   (s) As used in (o) of this section, “compelling reason” may include circumstances in which
   (1) the child has specifically requested that emancipation be established;

   (2) a parent and child have a significant bond, but the parent is unable to care for the child because of an emotional or physical disability, and the child’s foster parents have committed to raising the child to the age of majority and to facilitating visitation with the disabled parent.

   (t) In this section,
   (1) “adult family member” has the meaning given in AS 47.10.990;

   (2) “another planned permanent living arrangement” means a permanent living arrangement for a child who is committed to the custody of the department under AS 47.10.080(c)(1) that is an alternative to permanent placement with an adult family member, and to reunification, adoption, and legal guardianship.

   (3) “family friend,” as used in (e) of this section, includes, in the case of an Indian child, a member of the Indian child’s tribe, a member of the tribe in which the child’s biological parent is a member, and another Indian family member.

   Sec. 47.14.110. Department inspections; reports by foster homes and institutions.
    (a) A representative of the department shall visit, as often as is considered necessary, every foster home or institution in which a child is placed, and, if not satisfied as to the care given, may remove the child from the foster home or institution and place the child elsewhere.

   (b) The person or institution receiving a child shall submit the reports the department requires as to the education, health, and welfare of the child and the conditions under which the child is living.

   Sec. 47.14.112. Training and workload standards; reports to legislature.
    (a) The department shall implement workload standards and a training program for employees who supervise the care of children committed to the supervision or custody of the department under AS 47.10, work with families to prevent the removal of a child from the child’s home under AS 47.10, or investigate reports of harm under AS 47.17. The department shall prepare a staffing report under (b) of this section if the department is unable
   (1) to employ the number of qualified employees necessary to ensure that
   (A) the department reasonably and safely minimizes the time a child is not in a permanent living arrangement or under a permanent guardianship;

   (B) a child is not removed from the child’s home when it is possible and in the child’s best interest for the department to work with the child’s family to prevent the removal of the child from the child’s home;

   (C) each child is placed in a permanent home not more than 24 months after the date the child is first removed from the child’s home;

   (2) to meet best practices standards set by the department requiring the employment of mentors for employees who supervise the care of children committed to the supervision or custody of the department under AS 47.10, work with families to prevent the removal of a child from the child’s home under AS 47.10, or investigate reports of harm under AS 47.17;

   (3) for a new employee who supervises the care of a child committed to the supervision or custody of the department under AS 47.10, works with families to prevent the removal of a child from the child’s home under AS 47.10, or investigates reports of harm under AS 47.17, to
   (A) provide a minimum of six weeks of training unless the department finds that the new employee has sufficient experience to justify a shorter training period;

   (B) limit the employee’s workload as follows:
   (i) before the beginning of an employee’s fourth month of work with the department, the employee may supervise not more than six families;

   (ii) after the beginning of the employee’s fourth month of work but before the end of the employee’s sixth month of work with the department, the employee may supervise not more than 12 families;

   (iii) when an employee supervises families in a region where travel distances negatively affect the employee’s ability to supervise families and the employee has worked for the department for less than 12 months, the employee may not supervise the maximum number of families provided under (i) and (ii) of this subparagraph; and

   (4) for an employee, other than a new employee, who supervises the care of children committed to the supervision or custody of the department under AS 47.10, works with families to prevent the removal of a child from the child’s home under AS 47.10, or investigates reports of harm under AS 47.17, to ensure that the average statewide caseload is not more than 13 families for each worker.

   (b) A staffing report prepared as a result of the department’s inability to meet the training and workload standards in (a) of this section must be included in the department’s annual report to the legislature required under AS 18.05.020. The department shall explain in the staffing report the reasons the department has not been able to meet the standards and provide the following information:
   (1) the number of employees who vacated positions during the reporting period;

   (2) the number of funded positions that are vacant;

   (3) a description of efforts made to recruit and retain employees;

   (4) if the department determines additional employee positions are necessary to meet the standards, the number and cost of the additional positions;

   (5) if the department determines additional funding is necessary to meet the standards, the amount and purpose of the additional funding; and

   (6) the effects on a child and the child’s family of the department’s inability to meet the standards.

   (c) Notwithstanding any other provision of this section, the department is immune from suit under this section if the department was unable to meet the workload standards and adjusted workload standards because of a lack of sufficient appropriations or because the department’s efforts to recruit or retain employees did not result in an adequate number of qualified applicants to meet the workload standards, as outlined in the staffing report.

   (d) The division of the department with responsibility over the custody of children shall prepare and make available to the legislature an annual report on employee recruitment and retention, including a five-year plan, for the division. Not later than November 15 of each year, the department shall deliver the report to the senate secretary and the chief clerk of the house of representatives and notify the legislature that the report is available. The report prepared under this subsection is separate from the annual report to the legislature required under AS 18.05.020 and must include, for the previous 12 months,
   (1) the number of frontline social workers employed by the division, the annual average turnover rate of the workers, and the average caseload of the workers on January 1 and July 1 of that year;

   (2) the number of children removed from their homes;

   (3) the achievement of success measured by the following:
   (A) rate of family reunification;

   (B) average length of time children spent in custody of the department;

   (C) rate of placement with an adult family member or family friend;

   (D) number of children placed in a permanent living arrangement with a guardian or biological or adoptive parent;

   (E) number of children released from the custody of the department;

   (4) if the department has met or exceeded the caseload standards under this chapter and, if the standards were exceeded, the number of caseworker positions in the division that could be eliminated and the amount of funding that could be reduced while continuing to meet but not routinely exceed the caseload standards;

   (5) the performance of the department on federal benchmarks focused on the safety, well-being, and permanent placements of foster children compared with the previous five years.

   Sec. 47.14.115. Training of foster parents.
    (a) If the department has placed a child in a foster home, the department shall, no less often than once quarterly, make available training that will assist the foster parent or parents in providing care that will meet the needs of the child placed in the home and the requirements established by the department in regulation.

   (b) If the department determines that it is in the best interests of a child in the custody of the department to place the child with an adult family member who does not have a foster care home license under AS 47.32, the department shall assist the adult family member in obtaining a license, including assisting the adult family member with obtaining any variances necessary to obtain the license, so that the family member is eligible for payments under AS 47.14.100(b) and (d).

   Sec. 47.14.120. Standards of care.
   The department shall establish standards of care and adopt regulations desirable for the welfare of every child under its care.

    

    

   Sec. 47.14.130. Payment of costs.
   Article 3. Citizen Review Panel.
   The department shall pay the proper and necessary costs of the court and witnesses and other expenses necessarily incurred in the enforcement of AS 47.14.100 — 47.14.130.

    

    

   Sec. 47.14.200. Citizens’ Foster Care Review Board. [Repealed, § 74 ch 35 SLA 2003.]
   Sec. 47.14.205. State Citizen Review Panel.
    (a) There is established within the department a Citizen Review Panel. The panel shall be composed of volunteer members who are broadly representative of the state, including members who have expertise in the prevention and treatment of child abuse and neglect.

   (b) The panel shall meet not less than once every three months. Meetings may take place telephonically.

   Sec. 47.14.210. Citizens’ Foster Care Review Board. [Repealed, § 74 ch 35 SLA 2003.]
   Sec. 47.14.215. Duties of the state panel.
    (a) The state panel shall evaluate the extent to which the department is effectively discharging its child protection responsibilities under
   (1) the state plan submitted to the United States Department of Health and Human Services under 42 U.S.C. 5106a(b);

   (2) child protection standards under federal and state laws; and

   (3) any other criteria that the panel considers important to ensuring the protection of children, including the level and efficiency of coordination of foster care and adoption programs in the state and a review of child fatalities and near fatalities.

   (b) In carrying out the responsibilities under (a) of this section, the state panel shall examine the policies, procedures, and practices of the department, and, where appropriate, evaluate specific cases of child abuse or neglect.

   (c) The commissioner shall, by regulation, establish policies and procedures necessary to carrying out the duties of the state panel under this section.

   Sec. 47.14.220. Citizens’ Foster Care Review Board. [Repealed, § 74 ch 35 SLA 2003.]
   Sec. 47.14.225. Cooperation with state panel.
    (a) The department shall provide the panel access to information on child abuse or neglect cases that is necessary for the panel to carry out its duties under AS 47.14.215.

   (b) The department shall serve as staff to the state panel as requested by the panel members.

   Sec. 47.14.230. Citizens’ Foster Care Review Board. [Repealed, § 74 ch 35 SLA 2003.]
   Sec. 47.14.235. Confidentiality.
    (a) A person attending a meeting of the state panel or a member or staff of the state panel may not make any disclosure related to information obtained during a review by the state panel unless authorized under AS 47.10.092 or 47.10.093.

   (b) Meetings of the state panel are subject to AS 44.62.310 — 44.62.319 (Open Meetings Act).

   Sec. 47.14.240. Citizens’ Foster Care Review Board. [Repealed, § 74 ch 35 SLA 2003.]
   Sec. 47.14.245. Public outreach.
   The state panel shall conduct public outreach and gather public comment on current department procedures and practices involving children and family services.

    

    

   Sec. 47.14.250. Citizens’ Foster Care Review Board. [Repealed, § 74 ch 35 SLA 2003.]
   Sec. 47.14.255. Report.
    (a) The state panel shall prepare and make available to the governor, the legislature, and the public an annual report containing a summary of the activities of the panel conducted under AS 47.14.205 — 47.14.295 and recommendations for the improvement of child protection services in the state.

   (b) Not later than six months after the date on which the report is released under (a) of this section, the department shall submit a written response to the report. The department’s response must include a description of whether and how the department will incorporate the recommendations of the panel, where appropriate.

   Sec. 47.14.260. Citizens’ Foster Care Review Board. [Repealed, § 74 ch 35 SLA 2003.]
   

    

    

    

    

    

    

    

    

    

    

    

    

    

    

    

    

    

    

    

    

    

    

    

    

    

    

    

    

    

    

    

    

    

    

    

    

    

    

    

   Sec. 47.14.265. Civil penalty for violation of AS 47.14.235.
   A violation under AS 47.14.235 is subject to a civil penalty of up to $2,500 for each violation. 

   Sec. 47.14.270. Citizens’ Foster Care Review Board. [Repealed, § 74 ch 35 SLA 2003.]
   Sec. 47.14.275. Immunity.
   A member of the state panel and a person who furnishes services to or advises the state panel is not liable for damages or other relief in an action involving the performance or failure to perform a duty or other activity of the state panel.

    

    

   Sec. 47.14.280. Citizens’ Foster Care Review Board. [Repealed, § 74 ch 35 SLA 2003.]
   Sec. 47.14.295. Definitions.
   In AS 47.14.205 — 47.14.295,
   (1) “near fatality” has the meaning given in AS 47.10.990;

   (2) “state panel” means the Citizen Review Panel established under AS 47.14.205.

   Sec. 47.14.299. Citizens’ Foster Care Review Board. [Repealed, § 74 ch 35 SLA 2003.]
   Article 4. Multidisciplinary Child Protection Teams.
   Sec. 47.14.300. Multidisciplinary child protection teams.
   Article 5. Alaska Higher Education Savings Program for Children.
    (a) The department, a state or municipal agency with expertise in child abuse or neglect, or a tribe recognized by the United States Secretary of the Interior to exist as an Indian tribe under 25 U.S.C. 5131 (Federally Recognized Indian Tribe List Act of 1994) with expertise in child abuse or neglect, in partnership with the department, may facilitate the initial establishment of a multidisciplinary child protection team. The purpose of a team is to assist in the evaluation and investigation of reports of child abuse or neglect, as defined in AS 47.17.290, made under AS 47.17 or initiated by the department or a law enforcement agency and to provide consultation and coordination for agencies involved in child-in-need-of-aid cases under AS 47.10. The multidisciplinary child protection teams shall
   (1) ensure that investigations involving child abuse or neglect are coordinated and conducted by trained investigators;

   (2) take and recommend steps to avoid duplicative interviews of children;

   (3) assist in the reduction of trauma to a child and family involved in an investigation of child abuse or neglect; and

   (4) review records, provide consultation, and make recommendations to the department pertaining to a child-in-need-of-aid case under AS 47.10 referred to the team by a team member.

   (b) A team shall be made up of
   (1) an employee of the child protection office in the department who has expertise in child abuse and neglect;

   (2) a peace officer, as defined in AS 11.81.900;

   (3) one or more staff members of a local child advocacy center, if a center is located in the relevant area;

   (4) a medical care provider licensed under AS 08 who has received training in child abuse assessment;

   (5) a counselor, social worker, psychologist, or physician who specializes in mental health care, is licensed under AS 08, and has knowledge of child abuse dynamics;

   (6) a prosecutor of child abuse cases or a designee of a prosecutor of child abuse cases;

   (7) a victim advocate with knowledge of child abuse dynamics;

   (8) other persons with expertise in child abuse and neglect invited to serve as needed by consensus of the team as follows:
   (A) child development specialists;

   (B) educators;

   (C) victim counselors as defined in AS 18.66.250;

   (D) experts in the assessment and treatment of substance abuse;

   (E) an attorney who specializes in child protection in the attorney general’s office;

   (F) a representative of an Indian tribe, as defined in 25 U.S.C. 1903(8) (Indian Child Welfare Act), as designated by the tribe;

   (G) guardians ad litem; and

   (H) a representative of the division in the department with jurisdiction over juvenile justice.

   (c) A team may meet, review records, and conduct business in the absence of one or more members of the team. When a case is referred to the team, the department shall make available to the team records pertaining to the case prepared by or in the possession of the department, including appropriate confidential records under AS 47.10.093(b). A member of the team may use or disclose records made available by the department under this subsection only as necessary for the performance of the member’s duties. The team may make recommendations to the department on appropriate planning for the case.

   (d) Except for a public report issued by a team that does not contain confidential information, records or other information collected by the team or a member of the team related to duties under this section are confidential and not subject to public disclosure under AS 40.25.100 and 40.25.110.

   (e) A team shall meet at least monthly and may meet more often as needed. Meetings of a team are closed to the public and are not subject to the provisions of AS 44.62.310 — 44.62.319 (Open Meetings Act).

   (f) The determinations, conclusions, and recommendations of a team or its members are not admissible in a civil or criminal proceeding. A member may not be compelled to disclose a determination, conclusion, recommendation, discussion, or thought process through discovery or testimony in a civil or criminal proceeding. Records and information collected by the team are not subject to discovery or subpoena in connection with a civil or criminal proceeding.

   (g) Notwithstanding (f) of this section, an employee of the department may testify in a civil or criminal proceeding concerning cases reviewed by a team even though the department’s records were reviewed by a team and formed the basis of that employee’s testimony and the team’s report.

   (h) A person who serves on a multidisciplinary child protection team is not liable for damage or other relief in an action brought by the reason of the performance of a duty, a function, or an activity of the team.

   (i) In this section, “team” means a multidisciplinary child protection team created under (a) and (b) of this section.

   Sec. 47.14.400. Education savings program.
   Article 6. General Provisions.
    (a) The department shall administer a program to encourage investment by a person or entity in the education of eligible children in the state. The program must include
   (1) a central office, dedicated to faith-based and community services, for development and marketing of the program;

   (2) a mechanism for the department to establish and maintain an education savings plan under AS 14.40.802 — 14.40.817 for an eligible child who is a beneficiary of the program;

   (3) a process for identifying donors and eligible beneficiaries;

   (4) a process for distributing nonidentifying information about an eligible beneficiary to a potential donor, including the age, sex, and general location of the beneficiary, unless the information readily leads to the identification of the eligible beneficiary;

   (5) terms and conditions for participation in the program that are consistent with the education savings plan restrictions and with federal law pertaining to education savings accounts; and

   (6) a procedure for monitoring success of the program, for record keeping, and for maintaining confidentiality of records as required by federal and state law.

   (b) A person is eligible for participation in the education savings program for children as a beneficiary if the person was ordered committed to the custody of the department under AS 47.10.080(c) or AS 47.12.120(b)(1) or (3), was placed in out-of-home care for not less than two years, and is a resident of the state.

   (c) The commissioner of family and community services or the commissioner’s designee may name a new beneficiary to an existing education savings plan established under (a) of this section if the new designation is not prohibited under federal law or under the education savings plan and if the named beneficiary dies, fails to enroll in an eligible program before the beneficiary becomes 30 years of age, or fails to meet conditions established in regulations adopted by the commissioner of family and community services.

   (d) Identifying information of a beneficiary contained in records related to the program is confidential.

   (e) In this section,
   (1) “beneficiary” has the meaning given in AS 14.40.802;

   (2) “donor” means the person or entity who contributes to the education savings program for children for the purpose of establishing or contributing to an education savings plan established for a child under this section;

   (3) “education savings plan” means an education savings program established under AS 14.40.802 — 14.40.817.

   (4) “out-of-home care” means care at the residence or facility at which a child is placed by the state, and does not include care at the residence from which the child was removed.

   Sec. 47.14.980. Grants-in-aid.
   The department may accept grants-in-aid from the federal government or private foundations and may accept other gifts consistent with the purposes of this chapter.

    

    

   Sec. 47.14.990. Definitions.
   In this chapter, unless the context otherwise requires,
   (1) “care” or “caring” under AS 47.14.100(c) means to provide for the physical, emotional, mental, and social needs of the child;

   (2) “child in need of aid” means a child found to be within the jurisdiction of the court under AS 47.10.010 and 47.10.011;

   (3) “court” means the superior court of the state;

   (4) “criminal justice information” has the meaning given in AS 12.62.900;

   (5) “delinquent minor” means a minor found to be within the jurisdiction of the court under AS 47.12.020;

   (6) “department” means the Department of Family and Community Services;

   (7) “juvenile detention facility” has the meaning given in AS 47.12.990;

   (8) “juvenile probation officer” has the meaning given in AS 47.12.990;

   (9) “juvenile treatment facility” has the meaning given in AS 47.12.990;

   (10) “minor” has the meaning given in AS 47.12.990;

   (11) “temporary secure juvenile holding area” has the meaning given in AS 47.12.990;

   (12) “treatment institution” means a hospital, clinic, institution, center, or other health care facility that has been designated by the department for the treatment of juveniles.

   Chapter 15. Uniform Interstate Compact on Juveniles.

   Sec. 47.15.010. Execution of interstate compact.
   The governor shall execute a compact on the behalf of the state with any other state or states legally joining in it in substantially the following form:

    

    

   The compacting states to this Interstate Compact recognize that each state is responsible for the proper supervision or return of juveniles, delinquents, and status offenders who are on probation or parole and who have absconded, escaped, or run away from supervision and control and in so doing have endangered their own safety and the safety of others. The compacting states also recognize that each state is responsible for the safe return of juveniles who have run away from home and in doing so have left their state of residence. The compacting states also recognize that Congress, by enacting the Crime Control Act, 4 U.S.C. 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime. It is the purpose of this compact, through means of joint and cooperative action among the compacting states to
   (1) ensure that the adjudicated juveniles and status offenders subject to this compact are provided adequate supervision and services in the receiving state as ordered by the adjudicating judge or parole authority in the sending state;

   (2) ensure that the public safety interests of the citizens, including the victims of juvenile offenders, in both the sending and receiving states are adequately protected;

   (3) return juveniles who have run away, absconded, or escaped from supervision or control or have been accused of an offense to the state requesting their return;

   (4) make contracts for the cooperative institutionalization in public facilities in member states for delinquent youth needing special services;

   (5) provide for the effective tracking and supervision of juveniles;

   (6) equitably allocate the costs, benefits, and obligations of the compacting states;

   (7) establish procedures to manage the movement between states of juvenile offenders released to the community under the jurisdiction of courts, juvenile departments, or any other criminal or juvenile justice agency that has jurisdiction over juvenile offenders;

   (8) ensure immediate notice to jurisdictions where defined offenders are authorized to travel or to relocate across state lines;

   (9) establish procedures to resolve pending charges, including detainers, against juvenile offenders before transfer or release to the community under the terms of this compact;

   (10) establish a system of uniform data collection on information pertaining to juveniles subject to this compact that allows access by authorized juvenile justice and criminal justice officials, and regular reporting of compact activities to heads of state executive, judicial, and legislative branches and juvenile and criminal justice administrators;

   (11) monitor compliance with rules governing interstate movement of juveniles and initiate interventions to address and correct noncompliance;

   (12) coordinate training and education regarding the regulation of interstate movement of juveniles for officials involved in such activity; and

   (13) coordinate the implementation and operation of the compact with the Interstate Compact for the Placement of Children, the Interstate Compact for Adult Offender Supervision, and other compacts affecting juveniles particularly in those cases where concurrent or overlapping supervision issues arise; it is the policy of the compacting states that the activities conducted by the Interstate Commission created in this section are the formation of public policies and therefore are public business; furthermore, the compacting states shall cooperate and observe their individual and collective duties and responsibilities for the prompt return and acceptance of juveniles subject to the provisions of this compact. The provisions of this compact shall be reasonably and liberally construed to accomplish the purposes and policies of the compact.

   As used in this compact, unless the context clearly requires a different construction:
   (1) “by-laws” means those by-laws established by the Interstate Commission for its governance, or for directing or controlling its actions or conduct;

   (2) “commissioner” means the voting representative of each compacting state appointed under art. III of this compact;

   (3) “compact administrator” means the individual in each compacting state appointed under the terms of this compact, responsible for the administration and management of the state’s supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate Commission, and policies adopted by the state council under this compact;

   (4) “compacting state” means any state that has enacted the enabling legislation for this compact;

   (5) “court” means any court having jurisdiction over delinquent, neglected, or dependent children;

   (6) “deputy compact administrator” means the individual, if any, in each compacting state appointed to act on behalf of a compact administrator under the terms of this compact responsible for the administration and management of the state’s supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate Commission, and policies adopted by the state council under this compact;

   (7) “Interstate Commission” means the Interstate Commission for Juveniles created by art. III of this compact;

   (8) “juvenile” means any person defined as a juvenile in any member state or by the rules of the Interstate Commission, including
   (A) accused delinquent, a person charged with an offense that, if committed by an adult, would be a criminal offense;

   (B) adjudicated delinquent, a person found to have committed an offense that, if committed by an adult, would be a criminal offense;

   (C) accused status offender, a person charged with an offense that would not be a criminal offense if committed by an adult;

   (D) adjudicated status offender, a person found to have committed an offense that would not be a criminal offense if committed by an adult; and

   (E) non-offender, a person in need of supervision who has not been accused or adjudicated a status offender or delinquent.

   (9) “non-compacting state” means any state that has not enacted the enabling legislation for this compact;

   (10) “probation or parole” means any kind of supervision or conditional release of juveniles authorized under the laws of the compacting states;

   (11) “rule”
   (A) means a written statement by the Interstate Commission promulgated under art. VI of this compact that is of general applicability, implements, interprets, or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the commission, and has the force and effect of statutory law in a compacting state;

   (B) includes the amendment, repeal, or suspension of an existing rule;

   (12) “state” means a state of the United States, the District of Columbia or its designee, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands.

   (a) The compacting states hereby create the “Interstate Commission for Juveniles.” The commission shall be a body corporate and joint agency of the compacting states. The commission shall have all the responsibilities, powers, and duties set out in this section, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.

   (b) The Interstate Commission shall consist of commissioners appointed by the appropriate appointing authority in each state under the rules and requirements of each compacting state and in consultation with the State Council for Interstate Juvenile Supervision created under this section. The commissioner shall be the compact administrator, deputy compact administrator, or designee from that state who shall serve on the Interstate Commission in such capacity under the applicable law of the compacting state.

   (c) In addition to the commissioners who are the voting representatives of each state, the Interstate Commission shall include individuals who are not commissioners, but who are members of interested organizations. Such non-commissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general, Interstate Compact for Adult Offender Supervision, Interstate Compact for the Placement of Children, juvenile justice and juvenile corrections officials, and crime victims. All non-commissioner members of the Interstate Commission shall be ex-officio, non-voting, members. The Interstate Commission may provide in its by-laws for such additional ex-officio, non-voting, members, including members of other national organizations, in such numbers as shall be determined by the commission.

   (d) Each compacting state represented at any meeting of the commission is entitled to one vote. A majority of the compacting states constitutes a quorum for the transaction of business, unless a larger quorum is required by the by-laws of the Interstate Commission.

   (e) The commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public.

   (f) The Interstate Commission shall establish an executive committee, which shall include commission officers, members, and others as determined by the by-laws. The executive committee shall have the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session, with the exception of rulemaking, amendment to the compact, or both. The executive committee shall oversee the day-to-day activities of the administration of the compact managed by an executive director and Interstate Commission staff; administer enforcement and compliance with the provisions of the compact and its by-laws and rules; and perform such other duties as directed by the Interstate Commission or set out in the by-laws.

   (g) Each member of the Interstate Commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the Interstate Commission. A member shall vote in person and may not delegate a vote to another compacting state. However, a commissioner, in consultation with the state council, shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the compacting state at a specified meeting. The by-laws may provide for members’ participation in meetings by telephone or other means of telecommunication or electronic communication.

   (h) The Interstate Commission’s by-laws shall establish conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.

   (i) Public notice shall be given of all meetings. All meetings shall be open to the public, except as set out in the rules or as otherwise provided in the compact. The Interstate Commission and any of its committees may close a meeting to the public if it determines by two-thirds vote that an open meeting would be likely to
   (1) relate solely to the Interstate Commission’s internal personnel practices and procedures;

   (2) disclose matters specifically exempted from disclosure by law;

   (3) disclose trade secrets or commercial or financial information that is privileged or confidential;

   (4) involve accusing any person of a crime, or formally censuring any person;

   (5) disclose information of a personal nature if the disclosure would constitute a clearly unwarranted invasion of personal privacy;

   (6) disclose investigative records compiled for law enforcement purposes;

   (7) disclose information contained in or related to examination, operating, or condition reports prepared by, or on behalf of or for the use of, the Interstate Commission with respect to a regulated person or entity for the purpose of regulation or supervision of such person or entity;

   (8) disclose information, the premature disclosure of which would significantly endanger the stability of a regulated person or entity; or

   (9) specifically relate to the Interstate Commission’s issuance of a subpoena, or its participation in a civil action or other legal proceeding.

   (j) For every meeting closed under (i) of this section, the Interstate Commission’s legal counsel shall publicly certify that, in the legal counsel’s opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision. The Interstate Commission shall keep minutes that shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefore, including a description of each of the views expressed on any item and the record of any roll call vote, as reflected in the vote of each member on the question. All documents considered in connection with any action shall be identified in such minutes.

   (k) The Interstate Commission shall collect standardized data concerning the interstate movement of juveniles as directed through its rules, which shall specify the data to be collected, the means of collection and data exchange, and reporting requirements. Such methods of data collection, exchange, and reporting shall insofar as is reasonably possible conform to up-to-date technology and coordinate its information functions with the appropriate repository of records.

   The commission shall have the following powers and duties:
   (1) to provide for dispute resolution among compacting states;

   (2) to promulgate rules to effect the purposes and obligations as enumerated in this compact, which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact;

   (3) to oversee, supervise, and coordinate the interstate movement of juveniles subject to the terms of this compact and any by-laws adopted and rules promulgated by the Interstate Commission;

   (4) to enforce compliance with the compact provisions, the rules promulgated by the Interstate Commission, and the by-laws, using all necessary and proper means, including but not limited to the use of judicial process;

   (5) to establish and maintain offices that shall be located within one or more of the compacting states;

   (6) to purchase and maintain insurance and bonds;

   (7) to borrow, accept, hire, or contract for services of personnel;

   (8) to establish and appoint committees and hire staff that it considers necessary for the carrying out of its functions including, but not limited to, an executive committee as required by art. III of the compact which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties;

   (9) to elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the Interstate Commission’s personnel policies and programs relating to, inter alia, conflicts of interest, rates of compensation, and qualifications of personnel;

   (10) to accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of it;

   (11) to lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal, or mixed;

   (12) to sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, whether real, personal, or mixed;

   (13) to establish a budget and make expenditures and levy dues as provided in art. VIII of this compact;

   (14) to sue and be sued;

   (15) to adopt a seal and by-laws governing the management and operation of the Interstate Commission;

   (16) to perform such functions as may be necessary or appropriate to achieve the purposes of this compact;

   (17) to report annually to the legislatures, governors, judiciary, and state councils of the compacting states concerning the activities of the Interstate Commission during the preceding year; such reports shall also include any recommendations that may have been adopted by the Interstate Commission;

   (18) to coordinate education, training, and public awareness regarding the interstate movement of juveniles for officials involved in such activity;

   (19) to establish uniform standards of the reporting, collecting, and exchanging of data;

   (20) the Interstate Commission shall maintain its corporate books and records in accordance with the by-laws.

   (a) By-laws
   (1) The Interstate Commission shall, by a majority of the members present and voting, within 12 months after the first Interstate Commission meeting, adopt by-laws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to
   (A) establishing the fiscal year of the Interstate Commission;

   (B) establishing an executive committee and such other committees as may be necessary;

   (C) provide for the establishment of committees governing any general or specific delegation of any authority or function of the Interstate Commission;

   (D) providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting;

   (E) establishing the titles and responsibilities of the officers of the Interstate Commission;

   (F) providing a mechanism for concluding the operations of the Interstate Commission and the return of any surplus funds that may exist upon the termination of the compact after the payment, reserving, or both, of all of its debts and obligations;

   (G) providing start-up rules for initial administration of the compact; and

   (H) establishing standards and procedures for compliance and technical assistance in carrying out the compact.

   (b) Officers and Staff
   (1) The Interstate Commission shall, by a majority of the members, elect annually from among its members a chairperson and a vice chairperson, each of whom shall have such authority and duties as may be specified in the by-laws; the chairperson or, in the chairperson’s absence or disability, the vice-chairperson shall preside at all meetings of the Interstate Commission; the officers elected shall serve without compensation or remuneration from the Interstate Commission, provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for any ordinary and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the Interstate Commission;

   (2) The Interstate Commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the Interstate Commission may consider appropriate; the executive director shall serve as secretary to the Interstate Commission, but may not be a member and shall hire and supervise such other staff as may be authorized by the Interstate Commission.

   (c) Qualified Immunity, Defense, and Indemnification
   (1) The commission’s executive director and employees shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to any actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities provided, that any such person may not be protected from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person;

   (2) The liability of any commissioner, or the employee or agent of a commissioner, acting within the scope of such person’s employment or duties for acts, errors, or omissions occurring within such person’s state may not exceed the limits of liability set out under the constitution and laws of that state for state officials, employees, and agents; nothing in this subsection shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person;

   (3) The Interstate Commission shall defend the executive director or the employees or representatives of the Interstate Commission and, subject to the approval of the attorney general of the state represented by any commissioner of a compacting state, shall defend such commissioner or the commissioner’s representatives or employees in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person;

   (4) The Interstate Commission shall indemnify and hold the commissioner of a compacting state, or the commissioner’s representatives or employees, or the Interstate Commission’s representatives or employees, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.

   (a) The Interstate Commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the compact.

   (b) Rulemaking shall occur under the criteria set out in this article and the by-laws and rules adopted under this article. Such rulemaking shall substantially conform to the principles of the Model State Administrative Procedures Act, 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1 (2000), or such other administrative procedures act, as the Interstate Commission considers appropriate consistent with due process requirements under the United States Constitution as now or hereafter interpreted by the United States Supreme Court. All rules and amendments shall become binding as of the date specified, as published with the final version of the rule as approved by the Commission.

   (c) When promulgating a rule, the Interstate Commission shall, at a minimum:
   (1) Publish the proposed rule’s entire text stating the reason or reasons for that proposed rule;

   (2) Allow and invite any and all persons to submit written data, facts, opinions, and arguments, which information shall be added to the record, and be made publicly available;

   (3) Provide an opportunity for an informal hearing if petitioned by 10 or more persons; and

   (4) Promulgate a final rule and its effective date, if appropriate, based on input from state or local officials, or interested parties.

   (d) Allow, not later than 60 days after a rule is promulgated, any interested person to file a petition in the United States District Court for the District of Columbia or in the Federal District Court where the Interstate Commission’s principal office is located for judicial review of such rule. If the court finds that the Interstate Commission’s action is not supported by substantial evidence in the rulemaking record, the court shall hold the rule unlawful and set it aside. For purposes of this subsection, evidence is substantial if it would be considered substantial evidence under the Model State Administrative Procedures Act.

   (e) If a majority of the legislatures of the compacting states rejects a rule, those states may, by enactment of a statute or resolution in the same manner used to adopt the compact, cause that such rule shall have no further force and effect in any compacting state.

   (f) The existing rules governing the operation of the Interstate Compact on Juveniles superseded by this Act shall be null and void 12 months after the first meeting of the Interstate Commission created under this compact.

   (g) Upon determination by the Interstate Commission that a state-of-emergency exists, it may promulgate an emergency rule that shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided under the compact shall be retroactively applied to the rule as soon as reasonably possible, but no later than 90 days after the effective date of the emergency rule.

   (a) Oversight
   (1) The Interstate Commission shall oversee the administration and operations of the interstate movement of juveniles subject to this compact in the compacting states and shall monitor such activities being administered in non-compacting states that may significantly affect compacting states;

   (2) The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact’s purposes and intent; the provisions of this compact and the rules promulgated under this compact shall be received by all the judges, public officers, commissions, and departments of the state government as evidence of the authorized statute and administrative rules; all courts shall take judicial notice of the compact and the rules; in any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact that may affect the powers, responsibilities, or actions of the Interstate Commission, it shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes;

   (b) Dispute Resolution
   (1) The compacting states shall report to the Interstate Commission on all issues and activities necessary for the administration of the compact as well as issues and activities pertaining to compliance with the provisions of the compact and its by-laws and rules;

   (2) The Interstate Commission shall attempt, upon the request of a compacting state, to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and between compacting and non-compacting states; the commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states;

   (3) The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact using any or all means set out in art. XI of this compact.

   (a) The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities.

   (b) The Interstate Commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission’s annual budget as approved each year; the aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of each compacting state and the volume of interstate movement of juveniles in each compacting state and shall promulgate a rule binding upon all compacting states which governs said assessment.

   (c) The Interstate Commission may not incur any obligations of any kind before securing the funds adequate to meet the same, nor shall the Interstate Commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.

   (d) The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its by-laws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.

   Each member state shall create a State Council for Interstate Juvenile Supervision. While each state may determine the membership of its own state council, its membership must include at least one representative from the legislative, judicial, and executive branches of government, victims groups, and the compact administrator, deputy compact administrator or designee. Each compacting state retains the right to determine the qualifications of the compact administrator or deputy compact administrator. Each state council will advise and may exercise oversight and advocacy concerning that state’s participation in Interstate Commission activities and other duties as may be determined by that state, including but not limited to, development of policy concerning operations and procedures of the compact within that state.

   (a) Any state, the District of Columbia, or its designee, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands as defined in art. II of this compact is eligible to become a compacting state.

   (b) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than 35 of the states. The initial effective date shall be the later of July 1, 2004 or upon enactment into law by the 35th jurisdiction. Thereafter it shall become effective and binding as to any other compacting state upon enactment of the compact into law by that state. The governors of non-member states or their designees shall be invited to participate in the activities of the Interstate Commission on a nonvoting basis before adoption of the compact by all states and territories of the United States.

   (c) The Interstate Commission may propose amendments to the compact for enactment by the compacting states. No amendment shall become effective and binding upon the Interstate Commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.

   (a) Withdrawal
   (1) Once effective, the compact shall continue in force and remain binding upon each and every compacting state, provided that a compacting state may withdraw from the compact by specifically repealing the statute that enacted the compact into law;

   (2) The effective date of withdrawal is the effective date of the repeal;

   (3) The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state; the Interstate Commission shall notify the other compacting states of the withdrawing state’s intent to withdraw within 60 days of its receipt;

   (4) The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal;

   (5) Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the Interstate Commission,

   (b) Technical Assistance, Fines, Suspension, Termination, and Default
   (1) If the Interstate Commission determines that any compacting state has at any time defaulted in the performance of any of its obligations or responsibilities under this compact, or the by-laws or duly promulgated rules, the Interstate Commission may impose any or all of the following penalties;
   (A) remedial training and technical assistance as directed by the Interstate Commission;

   (B) alternative dispute resolution;

   (C) fines, fees, and costs in amounts as are considered to be reasonable as fixed by the Interstate Commission; and

   (D) suspension or termination of membership in the compact, which shall be imposed only after all other reasonable means of securing compliance under the by-laws and rules have been exhausted and the Interstate Commission has therefore determined that the offending state is in default; immediate notice of suspension shall be given by the Interstate Commission to the governor, the chief justice or the chief judicial officer of the state, the majority and minority leaders of the defaulting state’s legislature, and the state council; the grounds for default include, but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon it by this compact, the by-laws, or duly promulgated rules and any other grounds designated in commission bylaws and rules; the Interstate Commission shall immediately notify the defaulting state in writing of the penalty imposed by the Interstate Commission and of the default pending a cure of the default; the commission shall stipulate the conditions and the time period within which the defaulting state must cure its default; if the defaulting state fails to cure the default within the time period specified by the commission, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges, and benefits conferred by this compact shall be terminated from the effective date of termination;

   (2) Within sixty days of the effective date of termination of a defaulting state, the commission shall notify the governor, the chief justice or chief judicial officer, the majority and minority leaders of the defaulting state’s legislature, and the state council of the termination;

   (3) The defaulting state is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination;

   (4) The Interstate Commission may not bear any costs relating to the defaulting state unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state;

   (5) Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the Interstate Commission under the rules.

   (c) Judicial Enforcement: the Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its offices, to enforce compliance with the provisions of the compact, its duly promulgated rules and by-laws, against any compacting state in default. In the event judicial enforcement is necessary the prevailing party shall be awarded all costs of such litigation including reasonable attorneys fees.

   (d) Dissolution of Compact
   (1) The compact dissolves effective upon the date of the withdrawal or default of the compacting state, which reduces membership in the compact to one compacting state;

   (2) Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and any surplus funds shall be distributed in accordance with the by-laws.

   (a) The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.

   (b) The provisions of this compact shall be liberally construed to effectuate its purposes.

   (a) Other Laws
   (1) Nothing in this compact prevents the enforcement of any other law of a compacting state that is not inconsistent with this compact;

   (2) All compacting states’ laws other than state constitutions and other interstate compacts conflicting with this compact are superseded to the extent of the conflict.

   (b) Binding Effect of the Compact
   (1) All lawful actions of the Interstate Commission, including all rules and by-laws promulgated by the Interstate Commission, are binding upon the compacting states;

   (2) All agreements between the Interstate Commission and the compacting states are binding in accordance with their terms;

   (3) Upon the request of a party to a conflict over meaning or interpretation of Interstate Commission actions, and upon a majority vote of the compacting states, the Interstate Commission may issue advisory opinions regarding such meaning or interpretation;

   (4) In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers, or jurisdiction sought to be conferred by such provision upon the Interstate Commission shall be ineffective and such obligations, duties, powers, or jurisdiction shall remain in the compacting state and shall be exercised by the agency to which such obligations, duties, powers, or jurisdiction are delegated by law in effect at the time this compact becomes effective.

   Sec. 47.15.020. Juvenile compact administrator.
   Under the compact established under AS 47.15.010, the commissioner of family and community services may designate an officer as the compact administrator. The compact administrator shall cooperate with all departments, agencies, and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact or of a supplementary agreement entered into by this state.

    

    

   Sec. 47.15.025. State council.
   The State Council for Interstate Adult and Juvenile Offender Supervision created in AS 33.36.140 shall serve as the state council under AS 47.15.010.

    

    

   Sec. 47.15.030. Supplementary agreements.
   The compact administrator may make supplementary agreements with appropriate officials of other states pursuant to the compact. If a supplementary agreement requires or contemplates the use of an institution or facility of this state or requires or contemplates the provision of a service of this state, the supplementary agreement has no force or effect until approved by the head of the department or agency under whose jurisdiction the institution is operated, or whose department or agency is charged with performing the service.

    

    

   Sec. 47.15.035. Regulations.
   The Department of Family and Community Services may adopt regulations to implement the provisions of this chapter.

    

    

   Sec. 47.15.040. Financial arrangements.
   The compact administrator, subject to the approval of the commissioner of administration, may make or arrange for the payments necessary to discharge the financial obligations imposed upon this state by the compact or by a supplementary agreement made under the compact.

    

    

   Sec. 47.15.050. Appointment of attorney or guardian. [Repealed, § 10 ch 37 SLA 2009.]
   Sec. 47.15.060. Enforcement.
   The courts, departments, agencies and officers of this state and its subdivisions shall enforce this compact and shall do all things appropriate to the effectuation of its purposes and intent which are within their respective jurisdiction.

    

    

   Sec. 47.15.070. Additional procedures not precluded.
   In addition to the procedures provided under AS 47.15.010 for the return of a runaway juvenile, the states that are participants to the compact, the juvenile, the juvenile’s parents or other legal custodian, or the courts of the participating states may agree upon and adopt any plan or procedure legally authorized under the laws of this state and the other respective party states for the return of the runaway juvenile.

    

    

   Sec. 47.15.080. Short title.
   This chapter may be cited as the Interstate Compact for Juveniles.

    

    

   Chapter 17. Child Protection.

   Sec. 47.17.010. Purpose.
   To protect children whose health and well-being may be adversely affected through the infliction, by other than accidental means, of harm through physical injury or neglect, mental injury, sexual abuse, sexual exploitation, or maltreatment, the legislature requires the reporting of these cases by practitioners of the healing arts and others to the department. It is not the intent of the legislature that persons required to report suspected child abuse or neglect under this chapter investigate the suspected child abuse or neglect before they make the required report to the department. Reports must be made when there is a reasonable cause to suspect child abuse or neglect in order to make state investigative and social services available in a wider range of cases at an earlier point in time, to make sure that investigations regarding child abuse and neglect are conducted by trained investigators, and to avoid subjecting a child to duplicative interviews about the abuse or neglect. It is the intent of the legislature that, as a result of these reports, protective services will be made available in an effort to
   (1) prevent further harm to the child;

   (2) safeguard and enhance the general well-being of children in this state; and

   (3) preserve family life unless that effort is likely to result in physical or emotional damage to the child.

   Sec. 47.17.020. Persons required to report.
    (a) The following persons who, in the performance of their occupational duties, their appointed duties under (8) of this subsection, or their volunteer duties under (9) of this subsection, have reasonable cause to suspect that a child has suffered harm as a result of child abuse or neglect shall immediately report the harm to the nearest office of the department and, if the harm appears to be a result of a suspected sex offense, shall immediately report the harm to the nearest law enforcement agency:
   (1) practitioners of the healing arts;

   (2) school teachers and school administrative staff members, including athletic coaches, of public and private schools;

   (3) peace officers and officers of the Department of Corrections;

   (4) administrative officers of institutions;

   (5) child care providers;

   (6) paid employees of domestic violence and sexual assault programs, and crisis intervention and prevention programs as defined in AS 18.66.990;

   (7) paid employees of an organization that provides counseling or treatment to individuals seeking to control their use of drugs or alcohol;

   (8) members of a child fatality review team established under AS 12.65.015(e) or 12.65.120 or the multidisciplinary child protection team created under AS 47.14.300;

   (9) volunteers who interact with children in a public or private school for more than four hours a week;

   (10) juvenile probation officers, juvenile probation office staff, and staff of juvenile detention facilities and juvenile treatment facilities, as those terms are defined in AS 47.12.990.

   (b) This section does not prohibit the named persons from reporting cases that have come to their attention in their nonoccupational capacities, nor does it prohibit any other person from reporting a child’s harm that the person has reasonable cause to suspect is a result of child abuse or neglect. These reports shall be made to the nearest office of the department.

   (c) If the person making a report of harm under this section cannot reasonably contact the nearest office of the department and immediate action is necessary for the well-being of the child, the person shall make the report to a peace officer. The peace officer shall immediately take action to protect the child and shall, at the earliest opportunity, notify the nearest office of the department.

   (d) This section does not require a religious healing practitioner to report as neglect of a child the failure to provide medical attention to the child if the child is provided treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by an accredited practitioner of the church or denomination.

   (e) The department shall immediately notify the nearest law enforcement agency if the department
   (1) concludes that the harm was caused by a person who is not responsible for the child’s welfare;

   (2) is unable to determine
   (A) who caused the harm to the child; or

   (B) whether the person who is believed to have caused the harm has responsibility for the child’s welfare; or

   (3) concludes that the report involves
   (A) possible criminal sex abuse or sex offenses under AS 11.41.410 — 11.41.458, AS 11.61.116, 11.61.118(a)(2), 11.61.120(a)(6), 11.61.123, or 11.61.128, including sex offenses committed by a minor against a minor; or

   (B) abuse or neglect that results in the need for medical treatment of the child.

   (f) If a law enforcement agency determines that a child has been abused or neglected and that (1) the harm was caused by a teacher or other person employed by the school or school district in which the child is enrolled as a student, (2) the harm occurred during an activity sponsored by the school or school district in which the child is enrolled as a student, or (3) the harm occurred on the premises of the school in which the child is enrolled as a student or on the premises of a school within the district in which the child is enrolled as a student, the law enforcement agency shall notify the chief administrative officer of the school or district in which the child is enrolled immediately after the agency determines that a child has been abused or neglected under the circumstances set out in this section, except that if the person about whom the report has been made is the chief administrative officer or a member of the chief administrative officer’s immediate family, the law enforcement agency shall notify the commissioner of education and early development that the child has been abused or neglected under the circumstances set out in this section. The notification must set out the factual basis for the law enforcement agency’s determination. If the notification involves a person in the teaching profession, as defined in AS 14.20.370, the law enforcement agency shall send a copy of the notification to the Professional Teaching Practices Commission.

   (g) A person required to report child abuse or neglect under (a) of this section who makes the report to the person’s job supervisor or to another individual working for the entity that employs the person is not relieved of the obligation to make a report required under (a) of this section.

   (h) This section does not require a person required to report child abuse or neglect under (a)(6) of this section to report mental injury to a child as a result of exposure to domestic violence so long as the person has reasonable cause to believe that the child is in safe and appropriate care and not presently in danger of mental injury as a result of exposure to domestic violence.

   (i) This section does not require a person required to report child abuse or neglect under (a)(7) of this section to report the resumption of use of an intoxicant as described in AS 47.10.011(10) so long as the person does not have reasonable cause to suspect that a child has suffered harm as a result of the resumption.

   (j) This section does not require an athletic coach who is an unpaid volunteer to report child abuse or neglect under (a)(2) of this section unless the coach
   (1) volunteers for more than
   (A) four hours a week for four consecutive weeks; or

   (B) 20 hours a week in a one-month period;

   (2) has received the training required under AS 47.17.022; and

   (3) has signed a form acknowledging that the coach is required to report child abuse or neglect under this section.

   Sec. 47.17.022. Training.
    (a) A person employed by the state or by a school district who is required under this chapter to report abuse or neglect of children shall receive training on the recognition and reporting of child abuse and neglect.

   (b) Each department of the state and school district that employs persons required to report abuse or neglect of children shall provide
   (1) initial training required by this section to each new employee within 45 days after the first day of employment, and to any existing employee who has not received equivalent training; and

   (2) appropriate in-service training required by this section as determined by the department or school district.

   (c) Each department and school district that must comply with (b) of this section shall develop a training curriculum that acquaints its employees with
   (1) laws relating to child abuse and neglect;

   (2) techniques for recognition and detection of child abuse and neglect;

   (3) agencies and organizations within the state that offer aid or shelter to victims and the families of victims of child abuse or neglect;

   (4) procedures for required notification of suspected abuse or neglect;

   (5) the role of a person required to report child abuse or neglect and the employing agency after the report has been made; and

   (6) a brief description of the manner in which cases of child abuse or neglect are investigated by the department and law enforcement agencies after a report of suspected abuse or neglect.

   (d) Each department and school district that must comply with (b) of this section shall file a current copy of its training curriculum and materials with the Council on Domestic Violence and Sexual Assault. A department or school district may seek the technical assistance of the council or the Department of Family and Community Services in the development of its training program.

   (e) Each school district that provides training under this section shall provide notice to public and private schools located in the school district of the availability of the training and invite volunteers who are required to report abuse or neglect of children under AS 47.17.020 to participate in the training at no cost to the volunteer.

   Sec. 47.17.023. Reports from certain persons regarding child pornography.
   A person providing, either privately or commercially, film, photo, or visual or printed matter processing, production, or finishing services or computer installation, repair, or other services, or Internet or cellular telephone services who, in the process of providing those services, observes a film, photo, picture, computer file, image, or other matter and has reasonable cause to suspect that the film, photo, picture, computer file, image, or other matter visually depicts a child engaged in conduct described in AS 11.41.455(a) shall immediately report the observation to the nearest law enforcement agency and provide the law enforcement agency with all information known about the nature and origin of the film, photo, picture, computer file, image, or other matter.

    

    

   Sec. 47.17.024. Duties of practitioners of the healing arts.
    (a) A practitioner of the healing arts involved in the delivery or care of an infant who the practitioner determines has been adversely affected by, or is withdrawing from exposure to, a controlled substance or alcohol shall immediately notify the nearest office of the department of the infant’s condition.

   (b) In this section,
   (1) “controlled substance” has the meaning given in AS 11.71.900, but does not include a substance lawfully taken under a prescription from a health care provider who is authorized to prescribe the substance;

   (2) “infant” means a child who is less than 12 months of age.

   Sec. 47.17.025. Duties of public authorities.
    (a) A law enforcement agency shall immediately notify the department of the receipt of a report of harm to a child from abuse. Upon receipt from any source of a report of harm to a child from abuse, the department shall notify the Department of Law and investigate the report and, within 72 hours of the receipt of the report, shall provide a written report of its investigation of the harm to a child from abuse to the Department of Law for review.

   (b) The report of harm to a child from abuse required from the department by this section must include:
   (1) the names and addresses of the child and the child’s parent or other persons responsible for the child’s care, if known;

   (2) the age and sex of the child;

   (3) the nature and extent of the harm to the child from abuse;

   (4) the name and age and address of the person known or believed to be responsible for the harm to the child from abuse, if known;

   (5) information that the department believes may be helpful in establishing the identity of the person believed to have caused the harm to the child from abuse.

   (c) Within 20 days after receiving a report of harm, whether or not the matter is referred to a local government agency, the department shall notify the person who made the report and who made a request to be notified about the status of the investigation, without disclosing any confidential information.

   Sec. 47.17.027. Duties of school officials.
    (a) If the department or a law enforcement agency provides written certification to the child’s school officials that (1) there is reasonable cause to suspect that the child has been abused or neglected by a person responsible for the child’s welfare or as a result of conditions created by a person responsible for the child’s welfare; (2) an interview at school is a necessary part of an investigation to determine whether the child has been abused or neglected; and (3) the interview at school is in the best interests of the child, school officials shall permit the child to be interviewed at school by the department or a law enforcement agency before notification of, or receiving permission from, the child’s parent, guardian, or custodian. A school official shall be present during an interview at the school unless the child objects or the department or law enforcement agency determines that the presence of the school official will interfere with the investigation. The interview shall be conducted as required under AS 47.17.033. Immediately after conducting an interview authorized under this section, and after informing the child of the intention to notify the child’s parent, guardian, or custodian, the department or agency shall make every reasonable effort to notify the child’s parent, guardian, or custodian that the interview occurred unless it appears to the department or agency that notifying the child’s parent, guardian, or custodian would endanger the child.

   (b) A school official who, with criminal negligence, discloses information learned during an interview conducted under (a) of this section is guilty of a class B misdemeanor.

   Sec. 47.17.030. Action on reports of harm; disclosure.
    (a) If a child, concerning whom a report of harm is made, is believed to reside within the boundaries of a local government exercising health functions for the area in which the child is believed to reside, the department may, upon receipt of the report, refer the matter to the appropriate health or social services agency of that local government. For cases not referred to an agency of a local government, the department shall, for each report received, investigate and take action, in accordance with law, that may be necessary to prevent further harm to the child or to ensure the proper care and protection of the child.

   (b) A local government health or social services agency receiving a report of harm shall, for each report received, investigate and take action, in accordance with law, that may be necessary to prevent further harm to the child or to ensure the proper care and protection of the child. In addition, the agency receiving a report of harm shall forward a copy of its report of the investigation, including information the department requires by regulation, to the department.

   (c) Action shall be taken regardless of whether the identity of the person making the report of harm is known.

   (d) Before the department or a local government health or social services agency may seek the termination of parental rights under AS 47.10, it shall offer protective social services and pursue all other reasonable means of protecting the child.

   (e) In all actions taken by the department or a health and social services agency of a local government under this chapter that result in a judicial proceeding, the child shall be represented by a guardian ad litem in that proceeding. Appointment of a guardian ad litem shall be made in accordance with AS 25.24.310.

   (f) If an investigation under this section shows reasonable cause to believe that a certified nurse aide has committed abuse, neglect, or misappropriation of property, the department shall report the matter to the Board of Nursing.

   (g) When the department or a local government health or social services agency (1) completes an investigation of a report of harm concerning a child, (2) determines, based on the investigation findings, that department or local agency services to protect the child are not required, and (3) identifies an appropriate community organization that will actively reach out to families to provide needed support services, the department or local government health or social services agency shall seek the written consent of the child’s parent or guardian to refer the family to the community organization. If the parent or guardian consents to the referral, the department or local government health or social services agency shall refer the parent or guardian to the community organization identified by the department. If the child has more than one parent or guardian and only one parent or guardian consents to the referral, the department or local government health or social services agency shall refer the parent or guardian who consents to the community organization but may not provide information to the community organization concerning the parent or guardian who does not consent to the referral. A community organization that receives information from the department or a local government health or social services agency under this subsection may not disclose the information to a person who is not authorized by law to receive it.

   (h) If a report of harm concerns a child of a member of the armed forces of the United States who is on active duty, the department shall, within seven days after receiving the report of harm, notify a designated authority at the duty station where the member is assigned that the department has received a report of harm concerning the child. A designated authority that receives information under this subsection may not disclose the information to a person who is not authorized by law to receive it. In this subsection, “designated authority” means a person designated by the armed forces of the United States to receive notification of reports of harm.

   Sec. 47.17.033. Investigations and interviews.
    (a) In investigating child abuse and neglect reports under this chapter, the department may make necessary inquiries about the criminal records of the parents or of the alleged abusive or neglectful person, including inquiries about the existence of a criminal history record involving a serious offense as defined in AS 12.62.900.

   (b) For purposes of obtaining access to information needed to conduct the inquiries required by (a) of this section, the department is a criminal justice agency conducting a criminal justice activity.

   (c) An investigation by the department or another investigating agency of child abuse or neglect reported under this chapter shall be conducted by a person trained to conduct a child abuse and neglect investigation and without subjecting a child to duplicative interviews about the abuse or neglect except when new information is obtained that requires further information from the child.

   (d) An interview of a child conducted as a result of a report of harm may be audiotaped or videotaped. If an interview of a child concerns a report of sexual abuse of the child by a parent or caretaker of the child, the interview shall be videotaped, unless videotaping the interview is not feasible or will, in the opinion of the investigating agency, result in trauma to the child.

   (e) An interview of a child that is audiotaped or videotaped under (d) of this section shall be conducted
   (1) by a person trained and competent to conduct the interview;

   (2) if available, at a child advocacy center; and

   (3) by a person who is a party to a memorandum of understanding with the department to conduct the interview or who is employed by an agency that is authorized to conduct investigations.

   (f) An interview of a child may not be videotaped more than one time unless the interviewer or the investigating agency determines that one or more additional interviews are necessary to complete an investigation. If additional interviews are necessary, the additional interviews shall be conducted, to the extent possible, by the same interviewer who conducted the initial interview of the child.

   (g) A recorded interview of a child shall be preserved in the manner and for a period provided by law for maintaining evidence and records of a public agency.

   (h) A recorded interview of a child is subject to disclosure under the applicable court rules for discovery in a civil or criminal case.

   (i) The training required under (c) of this section must address the constitutional and statutory rights of children and families that apply throughout the investigation and department intervention. The training must inform department representatives of the applicable legal duties to protect the rights and safety of a child and the child’s family.

   (j) During a joint investigation by the department and a law enforcement agency, the department shall coordinate an investigation of child abuse or neglect with the law enforcement agency to ensure that the possibility of a criminal charge is not compromised.

   (k) Unless a law enforcement official prohibits or restricts notification under (j) of this section, at the time of initial contact with a person alleged to have committed child abuse or neglect, the department shall notify the person of the specific complaint or allegation made against the person, except that the identity of the complainant may not be revealed.

   (l) In this section, “child advocacy center” means a facility operated with a child-focused, community partnership committed to a multidisciplinary team approach that includes representatives from law enforcement, child protection, criminal prosecution, victim advocacy, and the medical and mental health fields who collaborate and assist in investigating allegations of sexual or other abuse and neglect of children.

   Sec. 47.17.035. Duties of department in domestic violence cases.
    (a) In consultation with the Council on Domestic Violence and Sexual Assault, the department shall develop written procedures for screening reports of harm for abuse and neglect of a child to assess whether there is domestic violence occurring within the family. The procedures must include the following factors:
   (1) inquiry concerning the criminal records of the parents or of the alleged abusive or neglectful person or the alleged perpetrator if not the parent of the child; and

   (2) inquiry concerning the existence of protective orders issued or filed under AS 18.66.100 — 18.66.180 involving either parent as a petitioner or respondent.

   (b) If the department determines in an investigation of abuse or neglect of a child that
   (1) the child is in danger because of domestic violence or that the child needs protection as a result of the presence of domestic violence in the family, the department shall take appropriate steps for the protection of the child; in this paragraph, “appropriate steps” includes
   (A) reasonable efforts to protect the child and prevent the removal of the child from the parent or guardian who is not a domestic violence offender;

   (B) reasonable efforts to remove the alleged domestic violence offender from the child’s residence if it is determined that the child or another family or household member is in danger of domestic violence; and

   (C) services to help protect the child from being placed or having unsupervised visitation with the domestic violence offender until the department determines that the offender has met conditions considered necessary by the department to protect the safety of the domestic violence victim and household members;

   (2) a person is the victim of domestic violence, the department shall provide the victim with a written notice of the rights of and services available to victims of domestic violence that is substantially similar to the notice provided to victims of domestic violence under AS 18.65.520.

   (c) For purposes of obtaining access to information needed to conduct the inquiries required by (a)(1) and (2) of this section, the department is a criminal justice agency conducting a criminal justice activity.

   (d) A person may not bring a civil action for damages for a failure to comply with the provisions of this section.

   (e) In this section,
   (1) “criminal justice activity” has the meaning given in AS 12.62.900;

   (2) “criminal justice agency” has the meaning given in AS 12.62.900;

   (3) “domestic violence” has the meaning given in AS 18.66.990.

   Sec. 47.17.040. Child protection registry; confidentiality.
    (a) The department shall maintain a child protection registry of all investigation reports, including substantiated findings under AS 47.10 or AS 47.17.

   (b) Investigation reports and reports of harm filed under this chapter are considered confidential and are not subject to public inspection and copying under AS 40.25.110 and 40.25.120. However, in accordance with department regulations, investigation reports, including substantiated findings under AS 47.10 or AS 47.17, may be used by appropriate governmental agencies with child-protection functions, inside and outside the state, in connection with investigations or judicial proceedings involving child abuse, neglect, or custody and in conjunction with licensing action under AS 47.32 or a similar statute in another state. A person not acting in accordance with department regulations who, with criminal negligence, makes public information contained in confidential reports is guilty of a class B misdemeanor.

   (c) Before a substantiated finding may be placed on the child protection registry and provided as part of a civil history check under AS 47.05.325, the department shall provide the applicant notice of the finding and an opportunity to appeal the finding. The department shall adopt regulations to implement this section.

   (d) In this section, “governmental agency” includes a tribe or tribal organization conducting child protection functions and a school district.

   Sec. 47.17.050. Immunity.
    (a) Except as provided in (b) of this section, a person who, in good faith, makes a report under this chapter, permits an interview under AS 47.17.027, or participates in judicial proceedings related to the submission of reports under this chapter, is immune from civil or criminal liability that might otherwise be incurred or imposed for making the report or permitting the interview, except that a person who knowingly makes an untimely report is not immune from civil or criminal liability based on the delay in making the report.

   (b) Notwithstanding (a) of this section, a person accused of committing the child abuse or neglect is not immune from civil or criminal liability for the child abuse or neglect as a result of reporting the child abuse or neglect.

   Sec. 47.17.060. Evidence not privileged.
   Neither the physician-patient nor the husband-wife privilege is a ground for excluding evidence regarding a child’s harm, or its cause, in a judicial proceeding related to a report made under this chapter.

    

    

   Sec. 47.17.064. Photographs and x-rays.
    (a) The department or a practitioner of the healing arts may, without the permission of the parents, guardian, or custodian, take the following actions with regard to a child who the department or practitioner has reasonable cause to suspect has suffered physical harm as a result of child abuse or neglect:
   (1) take or have taken photographs of the areas of trauma visible on the child; and

   (2) if medically indicated, have a medical or radiological examination of the child performed by a person who is licensed to administer the examination.

   (b) The department or a practitioner of the healing arts shall notify the parents, guardian, or custodian of a child as soon as possible after taking action under (a) of this section with regard to the child.

   Sec. 47.17.068. Penalty for failure to report.
   A person who fails to comply with the provisions of AS 47.17.020 or 47.17.023 and who knew or should have known that the circumstances gave rise to the need for a report, is guilty of a class A misdemeanor.

    

    

   Sec. 47.17.069. Protective injunctions.
    (a) A court may enjoin or limit a person from contact with a child if the attorney general establishes by a preponderance of the evidence that the person
   (1) has sexually abused a child;

   (2) has physically abused a child; or

   (3) has engaged in conduct that constitutes a clear and present danger to the mental, emotional, or physical welfare of a child.

   (b) This section does not limit the authority of the attorney general or the court to act to protect a child.

   Sec. 47.17.070. [Renumbered as AS 47.17.290.]
   Sec. 47.17.290. Definitions.
   In this chapter,
   (1) “athletic coach” means
   (A) a paid leader or assistant of a sports team; or

   (B) a volunteer leader or assistant of a sports team who volunteers as a leader or assistant of a sports team for more than four hours a week;

   (2) “child” means a person under 18 years of age;

   (3) “child abuse or neglect” means the physical injury or neglect, mental injury, sexual abuse, sexual exploitation, or maltreatment of a child under the age of 18 by a person under circumstances that indicate that the child’s health or welfare is harmed or threatened thereby; in this paragraph, “mental injury” means an injury to the emotional well-being, or intellectual or psychological capacity of a child, as evidenced by an observable and substantial impairment in the child’s ability to function;

   (4) “child care provider” means an adult individual, including a foster parent or an employee of an organization, who provides care and supervision to a child for compensation or reimbursement;

   (5) “criminal negligence” has the meaning given in AS 11.81.900;

   (6) “department” means the Department of Family and Community Services;

   (7) “immediately” means as soon as is reasonably possible, and no later than 24 hours;

   (8) “institution” means a private or public hospital or other facility providing medical diagnosis, treatment, or care;

   (9) “maltreatment” means an act or omission that results in circumstances in which there is reasonable cause to suspect that a child may be a child in need of aid, as described in AS 47.10.011, except that, for purposes of this chapter, the act or omission need not have been committed by the child’s parent, custodian, or guardian;

   (10) “mental injury” means a serious injury to the child as evidenced by an observable and substantial impairment in the child’s ability to function in a developmentally appropriate manner and the existence of that impairment is supported by the opinion of a qualified expert witness;

   (11) “neglect” means the failure by a person responsible for the child’s welfare to provide necessary food, care, clothing, shelter, or medical attention for a child;

   (12) “organization” means a group or entity that provides care and supervision for compensation to a child not related to the caregiver, and includes a child care facility, pre-elementary school, early education program, head start center, child foster home, residential child care facility, recreation program, children’s camp, and children’s club;

   (13) “person responsible for the child’s welfare” means the child’s parent, guardian, foster parent, a person responsible for the child’s care at the time of the alleged child abuse or neglect, or a person responsible for the child’s welfare in a public or private residential agency or institution;

   (14) “practitioner of the healing arts” includes athletic trainers, chiropractors, mental health counselors, social workers, dental hygienists, dentists, health aides, nurses, nurse practitioners, certified nurse aides, occupational therapists, occupational therapy assistants, optometrists, osteopaths, naturopaths, physical therapists, physical therapist assistants, physicians, physician assistants, psychiatrists, psychologists, psychological associates, audiologists and speech-language pathologists licensed under AS 08.11, hearing aid dealers licensed under AS 08.55, marital and family therapists licensed under AS 08.63, behavior analysts, assistant behavior analysts, religious healing practitioners, acupuncturists, and surgeons;

   (15) “reasonable cause to suspect” means cause, based on all the facts and circumstances known to the person, that would lead a reasonable person to believe that something might be the case;

   (16) “school district” means a city or borough school district or regional educational attendance area;

   (17) “sex offense” has the meaning given in AS 12.63.100;

   (18) “sexual exploitation” includes
   (A) allowing, permitting, or encouraging a child to engage in prostitution prohibited by AS 11.66.100 — 11.66.150, by a person responsible for the child’s welfare;

   (B) allowing, permitting, encouraging, or engaging in activity prohibited by AS 11.41.455(a), by a person responsible for the child’s welfare.

   Chapter 18. Programs and Services Related to Adolescents.

   Article 1. Comprehensive Planning.
   Sec. 47.18.010. Development of statewide plan.
   Article 2. Public Information About Programs.
    (a) With the advice of the Alaska Human Relations Commission, the department shall develop a comprehensive statewide plan to ensure the effectiveness and efficiency of state programs that relate to the prevention of adolescent pregnancy and the provision of services to adolescent parents and their children under AS 47.18.100 — 47.18.140, and to peer counseling under AS 47.18.200.

   (b) The plan developed under (a) of this section must
   (1) review and include existing programs and services of state government;

   (2) examine and consider the achievements and experiences of projects that are similar to those authorized under AS 47.18.100 — 47.18.140 and 47.18.200;

   (3) give priority to the consolidation and improvement of existing programs;

   (4) make recommendations with regard to the need for new or expanded programs and services within the existing level of funding;

   (5) consider the findings and recommendations of the Alaska’s Adolescent Pregnancy and Parenthood Task Force; and

   (6) make recommendations concerning the incremental implementation of the plan.

   (c) The Department of Education and Early Development, the Department of Commerce, Community, and Economic Development, and the Department of Labor and Workforce Development shall assist the department in developing the plan required under (a) of this section. In addition, through appropriate means, the department shall solicit advice from teens, parents, educators, school administrators, taxpayers, civic groups, community organizations, Native organizations, officials of local governments, religious institutions, and other concerned persons about how state programs can be coordinated and operated in a manner that will enhance their effectiveness and efficiency in addressing the many needs associated with adolescent parenting, the prevention of adolescent pregnancies, and the provision of adolescent peer counseling.

   Sec. 47.18.050. Public awareness campaign.
   Article 3. Adolescent Pregnancy Projects.
    (a) The department shall develop and implement statewide a continuing public awareness campaign, including appropriate public forums and workshops, radio and television public service announcements, and press releases designed to
   (1) communicate to the public the scope and magnitude of the adolescent pregnancy and parenthood problem in the state;

   (2) encourage community activities that will educate adults and adolescents about the importance of reducing adolescent pregnancy;

   (3) enlist the active support and involvement of members of the public and community organizations in the development and implementation of community-based programs and activities to reduce adolescent pregnancy and assist adolescent parents in obtaining needed educational, vocational, and parenting skills.

   (b) A primary policy and objective of the public awareness campaign required under (a) of this section shall be to encourage adolescents to abstain from premarital sexual intimacy.

   Sec. 47.18.100. State funding authorized.
   In order to encourage and support community-based initiatives to combat the many problems associated with adolescent pregnancy and parenthood, the department shall, from appropriations for that purpose, give grants or award contracts to fund a percentage of the cost of local projects designed to prevent adolescent pregnancy and assist adolescent parents in obtaining needed educational, vocational, and parenting skills.

    

    

   Sec. 47.18.110. Eligible projects.
    (a) Projects funded under AS 47.18.100 shall be designed with a holistic approach that recognizes the interconnectedness of adolescent parenthood and a broad array of related circumstances, such as low self-esteem, domestic violence, substance abuse, economic security, financial responsibilities of having a child, cultural integrity, sources of adolescent stress, parenting skills, educational and vocational opportunities, and access to reproductive health services.

   (b) Projects funded under AS 47.18.100 may include one or more of the following types of activities:
   (1) family life education;

   (2) counseling services for adolescents who are, or who may think they are, pregnant or who want to avoid pregnancy;

   (3) prenatal care for pregnant adolescents;

   (4) job training and placement for adolescent parents;

   (5) educational and support services for adolescent parents;

   (6) other activities that, in the judgment of the department, are likely to have a tangible effect on combating a problem associated with adolescent pregnancy or parenthood.

   Sec. 47.18.120. Applications for project funding.
    (a) A person or group seeking funding under AS 47.18.100 shall apply to the department on a form provided by the department.

   (b) When applying under (a) of this section, the applicant must demonstrate to the satisfaction of the department that the proposed project
   (1) has been designed with extensive assistance from local community members who represent a variety of interests, cultures, and perspectives on adolescent pregnancy and parenthood;

   (2) is based on sound research, to the maximum extent possible;

   (3) will maximize collaboration among all relevant agencies involved in the needs being addressed by the project;

   (4) includes an evaluation component to measure project effectiveness;

   (5) includes a public awareness campaign component.

   Sec. 47.18.140. Promotion of program and projects.
   Article 4. Adolescent Peer Counseling.
    (a) The department shall take appropriate actions to publicize the availability of funds under AS 47.18.100 — 47.18.140.

   (b) The department shall annually conduct regional conferences or workshops across the state to
   (1) showcase the activities and achievements of projects funded under AS 47.18.100 — 47.18.140 for which the evaluation components have shown a high level of success;

   (2) encourage and support the replication of these successful projects; and

   (3) increase public awareness of the availability of state administered services and programs to address the many problems associated with adolescent pregnancy and parenthood.

   Article 5. Foster Care Transition Program.
   Sec. 47.18.200. Peer counselor program.
    (a) The department shall develop and implement a continuing statewide program of technical support and assistance to encourage school districts, municipalities, and nonprofit corporations incorporated under AS 10.20 that initiate implementation, or that are considering implementation, of adolescent peer counseling groups under adult supervision for
   (1) prevention of adolescent behavioral patterns that jeopardize physical and mental health and that hamper social, educational, and personal development; and

   (2) spreading information about services that are available to adolescents to help them with their health needs.

   (b) The program of technical support required under (a) of this section must include
   (1) suggested methods for maintaining a high level of adolescent, parental, and community support for peer counseling groups;

   (2) workshops, seminars, or other training opportunities for adolescent peer counselors and their adult leaders; this training must include sessions to
   (A) develop interpersonal communications skills;

   (B) teach accurate health information, emphasizing sexual development;

   (C) provide information about services that are available in the peer counselors’ areas and how those services can be obtained for pregnancy prevention, and prenatal care; and

   (D) encourage adolescents to avoid major risk-taking behavior and to reinforce responsible behavior and self control;

   (3) assistance in selecting appropriate resource materials for the groups;

   (4) recommended mechanisms for effectively monitoring and evaluating the activities and accomplishments of the groups; and

   (5) other similar services to assist and encourage school districts and municipalities in establishing and administering adolescent peer counseling groups.

   (c) In developing the program of technical support and assistance required under (a) of this section, the department shall review and consider the activities and accomplishments in other states that have developed peer counseling networks. The department shall solicit contributions of money and expertise from the private sector that may be available for this type of program.

   Sec. 47.18.300. Program authorized.
    (a) The department, in coordination with local public and private agencies, shall design, develop, and implement a foster care transition program to provide support and services to individuals who
   (1) reach or have reached the age of 16 or older while in state foster care and have not yet reached 23 years of age; and

   (2) meet other eligibility criteria established by the department under (b) of this section.

   (b) The department may adopt regulations to carry out the purposes of AS 47.18.300 — 47.18.390, including regulations establishing eligibility thresholds, standards, and limits for the program. The department shall develop the regulations in consultation with those public and private organizations considered necessary by the department.

   Sec. 47.18.310. Program design.
   The department, in coordination with local public and private agencies, shall design the program as a continuation of the training efforts related to independent living skills that were initiated when the state foster care recipients were identified as being likely to remain in state foster care until reaching the age of 18. The program design must require that program participants are directly involved in identifying the program activities that will prepare them for independent living.

    

    

   Sec. 47.18.320. Program development.
    (a) Subject to the availability of an appropriation made for the purposes of AS 47.18.300 — 47.18.390, the program may provide
   (1) education and vocational training;

   (2) assistance in obtaining educational and vocational training;

   (3) career and employment services;

   (4) training in basic life skills;

   (5) housing and utility assistance;

   (6) mentoring and counseling; and

   (7) other appropriate services to complement the efforts of former state foster care recipients to achieve self-sufficiency.

   (b) In developing the program, the department shall cooperate with and coordinate the use of the resources available from other state and federal agencies designed to provide support and services consistent with the purposes of the program.

   (c) If appropriations to meet the purposes of this section are insufficient, the department shall submit a written report to the legislature advising the legislature of
   (1) the department’s efforts to use existing funds efficiently; and

   (2) the opportunities and services the department cannot provide under the existing appropriation level.

   (d) When an individual 16 years of age or older who has been in state custody under AS 47.10 for at least six months is released from state custody, the department shall, in addition to any training, services, and assistance provided under (a) — (c) of this section, provide the individual with or assist the individual with obtaining the individual’s
   (1) birth certificate; the birth certificate may be an official or certified copy;

   (2) social security card;

   (3) health insurance information;

   (4) medical records;

   (5) driver’s license or identification card; and

   (6) certificate of degree of Indian or Alaska Native blood, if applicable.

   Sec. 47.18.330. Program implementation.
    (a) The department may implement the program through the award of contracts or grants to qualified entities to provide services under the program. The department may award contracts and grants if the contracts and grants further the purposes of and meet the requirements of AS 47.18.300 — 47.18.390 and applicable regulations adopted under those sections.

   (b) Contracts awarded under this section shall be administered in accordance with AS 47.05.015 and regulations adopted under that section. Grants awarded under this section shall be awarded using requirements established in regulations adopted under AS 47.18.300 — 47.18.390 that are substantially similar to those set out in AS 47.05.015 for contracts.

   Sec. 47.18.390. Definitions.
   Article 6. General Provisions.
   In AS 47.18.300 — 47.18.390,
   (1) “program” means the foster care transition program authorized under AS 47.18.300 — 47.18.390;

   (2) “qualified entities” means municipalities, other political subdivisions of the state, nonprofit corporations formed under AS 10.20, churches and religious organizations, and incorporated and unincorporated entities operating within the state that meet the requirements established by the department in regulation;

   (3) “state foster care” means foster care, as defined in AS 47.10.990, that is provided to a person who is in the custody of the department under AS 47.10 and AS 47.12.

   Sec. 47.18.900. Definition.
   In this chapter, “department” means the Department of Family and Community Services.