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SB0009d -1- HCS CSSB 9(JUD)
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HOUSE CS FOR CS FOR SENATE BILL NO. 9(JUD)
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FOURTH LEGISLATURE - SECOND SESSION
BY THE HOUSE JUDICIARY COMMITTEE
Offered: 4/27/26
Referred: Rules
Sponsor(s): SENATORS MYERS, Giessel, Hughes, Cronk, Gray-Jackson
REPRESENTATIVES Tomaszewski, Josephson, D.Nelson, Underwood
A BILL
FOR AN ACT ENTITLED
"An Act relating to the surrender of infants; relating to civil history; and providing for 1
an effective date." 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3
* Section 1. AS 47.05.325(a) is amended to read: 4
(a) The Department of Health and the Department of Family and Community 5
Services shall establish by regulation civil history standards for denial of issuance or 6
renewal of a license or certification for an individual or for an entity within that 7
department's licensing or certification authority if the individual who is applying for a 8
license, license renewal, certification, or certification renewal is 9
(1) a biological or adoptive parent, guardian, custodian, or Indian 10
custodian of a child who is or was the subject of a child-in-need-of-aid petition under 11
AS 47.10 and the individual had custody of the child at the time the child was the 12
subject of a petition, unless the only basis in the petition for alleging that the child 13
was a child in need of aid under AS 47.10.011 was that the child was surrendered 14
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in the manner described in AS 47.10.013(c); or 1
(2) the subject of a finding or circumstance described in 2
AS 47.05.330(a). 3
* Sec. 2. AS 47.05.330(a) is amended to read: 4
(a) The Department of Health and the Department of Family and Community 5
Services shall by regulation identify each database that department will review when 6
conducting a civil history check under AS 47.05.325 to identify each individual 7
(1) whom a court or the applicable department has found 8
(A) to have committed abuse, neglect, undue influence, or 9
exploitation of a vulnerable adult; 10
(B) under AS 47.32 or regulations adopted under AS 47.32, to 11
have significantly adversely affected the health, safety, or welfare of an 12
individual who is receiving a service from an entity licensed under AS 47.32; a 13
finding described in this subparagraph includes a decision to revoke, suspend, 14
or deny a license or license renewal, or the relinquishment of a license as part 15
of a settlement agreement; 16
(2) who has been subject to criminal or civil penalties for a violation of 17
AS 09.58, AS 47.05, AS 47.06, AS 47.07, AS 47.08, or regulations adopted under 18
AS 09.58, AS 47.05, AS 47.06, AS 47.07, or AS 47.08; 19
(3) about whom the applicable department or a court has made a 20
substantiated finding of child abuse or neglect under AS 47.10 or AS 47.14; 21
(4) who was a biological or adoptive parent, guardian, custodian, or 22
Indian custodian of a child at the time the child was the subject of a child-in-need-of-23
aid petition under AS 47.10, unless the only basis in the petition for alleging that 24
the child was a child in need of aid under AS 47.10.011 was that the child was 25
surrendered in the manner described in AS 47.10.013(c); 26
(5) who, in the course of employment with the state, has been 27
terminated from employment or has had an allegation of assaultive, abusive, 28
neglectful, or exploitive behavior or actions substantiated; 29
(6) who, in this state or another jurisdiction, for reasons related to 30
abuse, neglect, undue influence, exploitation, or other reasons that are inconsistent 31
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with standards for the protection of public health, safety, or welfare, has had a 1
professional license, certification, or similar professional designation revoked, 2
suspended, or denied, or has had a request for renewal of a professional license, 3
certification, or similar professional designation denied; 4
(7) whom another state or jurisdiction has identified on a civil registry 5
or database substantially similar to the databases identified under this section for 6
reasons substantially similar to the reasons identified in (1) - (6) of this subsection. 7
* Sec. 3. AS 47.10.013(c) is amended to read: 8
(c) A parent who is immune from prosecution under AS 11.81.500 and 9
chooses to surrender an infant shall surrender the infant in the manner described in this 10
subsection. Surrendering the infant in the manner described in this subsection 11
constitutes abandonment for purposes of this chapter. An infant's parent is considered 12
to have abandoned the infant safely, and, notwithstanding AS 25.20.030 and 13
AS 47.10.120, the parent's legal duty to support the infant is extinguished if 14
(1) the parent, without expressing an intent to return for the infant, 15
leaves the infant 16
(A) in the physical custody of a person who 17
(i) [IS A (A) PERSON] the parent reasonably believes 18
would provide for the health and safety of the infant and who would act 19
appropriately to care for the infant; 20
(ii) is a [(B)] peace officer, community health aide, 21
physician, or hospital employee; or 22
(iii) [(C) PERSON WHO] is employed by or is a 23
volunteer for a fire department or emergency medical service, if the 24
person is acting within the scope of the person's fire department or 25
emergency medical service duties; or 26
(B) in an infant safety device that 27
(i) is physically affixed to an exterior wall or located 28
inside of a hospital, emergency department, freestanding birth 29
center as defined in AS 47.32.900, health facility as defined in 30
AS 47.07.900 that is owned or managed by a tribal health 31
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organization as defined in AS 17.30.200(d), office of a private 1
physician whether in individual or group practice, rural health 2
clinic as defined in AS 47.32.900, municipal police department, 3
state trooper post, or fire department; and 4
(ii) meets the requirements of (h) of this section; and 5
(2) there is no evidence the infant has been physically injured before 6
abandonment. 7
* Sec. 4. AS 47.10.013(d) is amended to read: 8
(d) A person to whom an infant is surrendered in the manner described in 9
(c)(1)(A)(ii) or (iii) [(c)(1)(B) OR (C)] of this section shall 10
(1) act appropriately to care for the infant; 11
(2) inform the parent that the parent may, but is not required to, answer 12
any questions regarding the name, identity, and medical history of the infant and 13
parents of the infant unless the parent chooses to contact the department under (3) of 14
this subsection; 15
(3) ask the parent if the parent wishes to relinquish the parent's 16
parental rights and release the infant for adoption; if the answer is affirmative, the 17
person shall contact the department so that the parent can discuss that option with the 18
department; 19
(4) immediately notify the nearest office of the department that the 20
infant has been surrendered in the manner described in (c)(1)(A)(ii) or (iii) [(c)] of this 21
section. 22
* Sec. 5. AS 47.10.013(e) is amended to read: 23
(e) An individual, agency, authorized facility, or entity that receives an infant 24
abandoned safely under (c) of this section is not liable for civil damages for failure to 25
discharge the duties listed in (d) of this section. 26
* Sec. 6. AS 47.10.013 is amended by adding new subsections to read: 27
(g) An authorized facility that receives an infant surrendered under (c)(1)(B) 28
of this section shall immediately notify the nearest office of the department that the 29
infant has been surrendered under (c)(1)(B) of this section. 30
(h) An infant safety device must be 31
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(1) located in an area that is conspicuous and visible to employees of 1
an authorized facility; 2
(2) climate-controlled; 3
(3) clearly marked with appropriate signage that includes a statement 4
(A) that only a child less than 21 days old may be placed in the 5
infant safety device; 6
(B) that the parent may surrender the infant in person to an 7
employee inside an authorized facility; 8
(C) that the parent may call 911 to surrender the infant directly 9
to an emergency services provider; 10
(D) that the parent may call 211 or another statewide service 11
navigation provider to access resources related to family planning, human 12
trafficking, and domestic violence; and 13
(E) or quick response barcode that directs the person to 14
information regarding surrendering an infant as provided for under this 15
subsection on the department's Internet website; 16
(4) equipped with 17
(A) a system that automatically transmits a request to the 911 18
emergency system for the immediate dispatch of an emergency medical 19
services provider to the location of the infant safety device when the infant 20
safety device is opened; 21
(B) a video surveillance system that allows employees of an 22
authorized facility to monitor the interior of the infant safety device 24 hours a 23
day; and 24
(C) an automated lock that secures the infant inside the infant 25
safety device after deposit; 26
(5) installed, operated, and maintained according to the manufacturer's 27
guidelines and department regulations; and 28
(6) inspected upon installation and annually by the manufacturer or 29
manufacture's designee, and inspected monthly by the authorized facility in which it is 30
installed; inspections under this paragraph must be logged by the authorized facility 31
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and must include testing of the device's alarms, cameras, climate control system, and 1
locks. 2
(i) The department may provide training to emergency medical service 3
providers, 911 operators, hospital staff, firefighters, law enforcement officers, and 4
employees of an authorized facility in how to implement and comply with the 5
requirements for the surrender of an infant as described in this section. 6
(j) If the department determines that an infant abandoned under (c)(1)(B) of 7
this section is an Indian child, the department shall immediately contact the Indian 8
child's tribe. 9
(k) In this section, "authorized facility" means a facility described in 10
(c)(1)(B)(i) of this section that has an infant safety device located at the facility. 11
* Sec. 7. This Act takes effect July 1, 2026. 12