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CS FOR SENATE BILL NO. 88(HSS)
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FOURTH LEGISLATURE - FIRST SESSION
BY THE SENATE HEALTH AND SOCIAL SERVICES COMMITTEE
Offered: 4/9/25
Referred: Finance
Sponsor(s): SENATOR BJORKMAN
A BILL
FOR AN ACT ENTITLED
"An Act relating to placement of a child in need of aid; relati ng to adoption; relating to 1
variances for foster care licenses; relating to the medical rec ords of children in foster 2
care; and providing for an effective date." 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4
* Section 1. AS 47.10.080(s) is amended to read: 5
(s) The department may transfer a child, in the child's best i nterests, from one 6
placement setting to another, and the child, the child's parent s or guardian, the child's 7
foster parents or out-of-home caregiver, the child's guardian a d litem, the child's 8
attorney, and the child's tribe are entitled to advance notice o f a n o n e m e r g e n c y 9
transfer. A party or child's foster parent with whom the child has resided for at 10
least 18 months who is opposed to the proposed transfer may request a hearing and 11
must prove by clear and convincing evidence that the transfer would be contrary to the 12
best interests of the child for the court to deny the transfer. A foster parent may 13
obtain, at the foster parent's co st, a medical or psychological evaluation of the 14
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child for the purpose of providing evidence at the hearing. A f oster parent who 1
requests a hearing to oppose a proposed transfer under this sub section does not 2
become a party to the case. A foster parent or out-of-home caregiver who requests a 3
nonemergency change in placement of the child shall provide the department with 4
reasonable advance notice of the requested change. When the dep artment transfers a 5
child from one out-of-home placement to another, the department shall search as 6
provided under AS 47.10.145 for an appropriate placement with an adult family 7
member or a family friend who meets the foster care licensing r equirements 8
established by the department. A supervisor at the department s hall certify in writing 9
in the case file whether the department has searched for an app ropriate placement with 10
an adult family member or family friend. If the department has not complied with the 11
search requirements under this subsection, the supervisor shall work to ensure that the 12
department completes the search in the shortest time feasible. 13
* Sec. 2. AS 47.10.084(d) is amended to read: 14
(d) When the child is placed in foster care, the foster parent has the right and 15
responsibility to use a reasonable and prudent parent standard to make decisions 16
relating to the child. The foster parent may make decisions und e r ( a ) o r ( b ) o f t h i s 17
section that include decisions relating to the child's particip ation in age-appropriate or 18
developmentally appropriate activities, including travel, sport s, field trips, overnight 19
activities, and extracurricular, enrichment, cultural, and soci al activities. A health 20
care provider subject to the provisions of the Health Insurance Portability and 21
Accountability Act of 1996 (P.L. 104-191) who provides services to a child in 22
foster care shall provide the medical records of the child to t he child's foster 23
parent upon the request of the foster parent. The department shall provide foster 24
parents with training regarding the reasonable and prudent pare nt standard. In this 25
subsection, "reasonable and prudent parent standard" means a st andard characterized 26
by careful and sensible decisions to maintain the health, safet y, and best interests of 27
the child while encouraging the emotional and developmental growth of the child. 28
* Sec. 3. AS 47.10.088(i) is amended to read: 29
(i) The department shall concur rently identify, recruit, proce ss, and approve a 30
qualified person or family for a n adoption whenever a petition to terminate a parent's 31
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rights to a child is filed. Before identifying a placement of t he child in an adoptive 1
home, the department shall [ATTEMPT TO] locate any [ALL] living adult family 2
members of the child through a diligent search for adult family members as 3
described in AS 47.10.145 and, if an adult family member expresses an interest in 4
adopting the child, investigate the adult family member's abili ty to care for the child. 5
The department shall provide to all adult family members of the child located by the 6
department written notice of the adult family members' rights under this chapter and of 7
the procedures necessary to gain custody of the child, but the department's obligation 8
to provide written notice under this subsection does not apply to a parent of the child 9
whose parental rights are being or have been terminated or to a n adult family member 10
who is known by the department to be ineligible for a foster ca re license under 11
AS 47.32 and regulations adopted under AS 47.32. If an adult fa mily member of a 12
[THE] child six years of age or older requests that the department approve the adult 13
family member for an adoption, th e department shall approve the request unless there 14
is good cause not to approve the adoption. I f a n a d u l t f a m i l y m e m b e r o f a c h i l d 15
under six years of age requests that the department approve the adult family 16
member for an adoption, the department shall approve the reques t unless the 17
child has resided with a foster fa mily seeking adoption for at least 24 months and 18
there is clear and convincing evidence that continued placement with the foster 19
family is in the best interests of the child. If the court issues an order to terminate 20
under (j) of this section, the department shall report within 30 days on the efforts being 21
made to recruit a permanent placement for the child if a perman ent placement was not 22
approved at the time of the tria l under (j) of this section. Th e report must document 23
recruitment efforts made for the child. 24
* Sec. 4. AS 47.10.142(i) is amended to read: 25
(i) When the department takes emergency custody of a child under this section 26
or a court orders a child committed to the department for tempo rary placement under 27
this section, the department shall, to the extent feasible and consistent with the best 28
interests of the child, place the child according to the criter ia specified under 29
AS 47.14.100(e). A supervisor at the department shall certify in writing in the case file 30
whether the department has conducted a diligent search as described in 31
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AS 47.10.145 [SEARCHED] for an appropriate placement with an adult family 1
member or family friend. If the d epartment has not complied wit h the search 2
requirements under this subsecti on, the supervisor shall work t o ensure that the 3
department completes the search in the shortest time feasible if it is consistent with the 4
best interests of the child. 5
* Sec. 5. AS 47.10 is amended by adding a new section to read: 6
Sec. 47.10.145. Diligent search. (a) Within 30 days after removing a child 7
from a parent's home under AS 47.14.100(e), taking emergency cu stody of a child, 8
receiving a court order committing a child to the department fo r temporary placement 9
under AS 47.10.142, or transferring a child from one placement setting to another 10
under AS 47.10.080(s), the departme nt shall conduct a diligent search for an adult 11
family member or family friend of the child suitable for placem ent. In conducting the 12
diligent search, the department shall 13
(1) interview 14
(A) the child's parent during the course of an investigation 15
while department services are provided and the child is in the care of the 16
department; 17
(B) the child; 18
(C) relatives of the child identified during the case; and 19
(D) any other person who is likely to have information about 20
the identity or location of adult family members or family friends; 21
(2) conduct comprehensive search es of databases and other reso urces 22
available to the department likely to identify and locate adult family members or 23
family friends; and 24
(3) conduct any other reasonable investigation that is likely to identify 25
adult family members or family friends who are appropriate for placement. 26
(b) The department shall provide all adult family members of t he child 27
identified in the diligent search, subject to exceptions for fa mily with domestic 28
violence or other safety concerns as determined by the department, a notice 29
(1) stating the child has been or is being removed from parent al 30
custody; 31
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(2) explaining the options that the family member has to parti cipate in 1
the care and placement of the child and the results of failing to respond to the notice; 2
(3) describing the process for becoming a licensed foster home and the 3
additional services and supports a vailable for children placed in approved foster 4
homes; and 5
(4) describing any financial assistance for which a family member may 6
be eligible upon obtaining custody of the child. 7
(c) The department shall report to the court in writing regard ing the actions 8
taken by the department under (a)(1) - (3) of this section at a ny scheduled disposition, 9
case review, or permanency hearing or as otherwise required by the court. 10
(d) The department shall continue t o d i l i g e n t l y s e a r c h f o r a d ult family 11
members or family friends suitable for placement of the child u ntil the court orders 12
that the department is excused from conducting a diligent searc h or the department 13
finalizes the permanent placement of the child. The court may e xcuse the department 14
from considering an adult family member for placement of a chil d if the adult family 15
member does not demonstrate an interest in and willingness to b e considered for 16
placement of the child within 90 days from the date of receivin g the required notice 17
under (b) of this section. 18
* Sec. 6. AS 47.14.100(e) is amended to read: 19
(e) When a child is removed from a parent's home, the department shall search 20
for an appropriate placement as provided under AS 47.10.145 [WITH AN ADULT 21
FAMILY MEMBER OR FAMILY FRIEND. A SUPERVISOR AT THE 22
DEPARTMENT SHALL CERTIFY IN WRITING IN THE CASE FILE WHETHER 23
THE DEPARTMENT HAS SEARCHED FOR AN APPROPRIATE PLACEMENT 24
WITH AN ADULT FAMILY MEMBER OR FAMILY FRIEND]. If the departmen t 25
has not complied with the searc h requirements [UNDER THIS SUBSE CTION], the 26
supervisor shall work to ensure t hat the department completes t he search in the 27
shortest time feasible. The department shall place the child, in the absence of clear and 28
convincing evidence of good cause to the contrary, 29
(1) in the least restrictive setting that most closely approxi mates a 30
family and that meets the child's special needs, if any; 31
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(2) within reasonable proximity to the child's home, taking in to 1
account any special needs of the child and the preferences of the child or parent; 2
(3) with, in the following order of preference, 3
(A) an adult family member, or, if the child is under six years 4
of age and the department finds by clear and convincing evidenc e that it is 5
in the best interests of the child, a licensed foster home that has provided 6
at least 24 consecutive months of care to the child; 7
(B) a family friend who meets the foster care licensing 8
requirements established by the department; 9
(C) a licensed foster home that is not an adult family member 10
or family friend; 11
(D) an institution for children that has a program suitable to 12
meet the child's needs. 13
* Sec. 7. AS 47.14.100(m) is amended to read: 14
(m) Prima facie evidence of g ood cause not to place a child wi th an adult 15
family member or family frie nd under AS 47.10.088(i) or under ( e) of this section 16
includes the failure to meet the requirements for a foster care license under AS 47.32 17
and regulations adopted under AS 47.32, taking into account a w aiver, variance, or 18
exemption allowed under AS 47.32.030(a)(3) and 47.32.032. Prima facie evidence of 19
good cause not to place a child , or that it is not in the best interests of a child to 20
place the child, with an adult family member or adult family friend does not in clude 21
poverty or inadequate or crowded housing. If the department den ies a request for 22
placement with an adult family member or a family friend, the d epartment shall 23
inform the adult family member or family friend of the basis fo r the denial and the 24
right to request a hearing to review the decision. A non-party [ADULT FAMILY 25
MEMBER OR FAMILY FRIEND] requesting a review hearing under 26
AS 47.10.080(s), 47.10.088(i), [AS 47.10.088(i)] or [UNDER] (e) of this section is not 27
eligible for publicly appointed legal counsel. 28
* Sec. 8. AS 47.32.032 is amended by adding new subsections to read: 29
(d) The department shall assist an adult family member or fami ly friend in 30
gathering the information necessary to submit a request for a v ariance under this 31
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section. 1
(e) In this section, "department " means the Department of Fami ly and 2
Community Services. 3
* Sec. 9. This Act takes effect January 1, 2026. 4