SB 181 — An Act relating to placement of a child in need of aid; relating to adoption; and providing for an effective date.

33-LS0348\P33-LS0348\H CS FOR SENATE BILL NO.

181(HSS)181 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-THIRD LEGISLATURE - SECOND SESSION BY THESENATOR SENATEBJORKMAN HEALTHIntroduced: AND SOCIAL SERVICES COMMITTEE Referred:

Rules41/16/24 Sponsor(s):Referred:

SENATORHealth BJORKMANand Social Services A BILL FOR AN ACT ENTITLED "An Act relating to placement of a child in need of aid;

relatingrelaig to adoption;

relating to variances for foster care licenses;

A foster parent or out-of-home caregiver who requests a hearingnonemergency tochange opposein aplacement proposedof transferthe underchild thisshall subsectionprovide doesthe notdepartment becomewith areasonable partyadvance tonotice of the case.requested change.

AWhen fosterthe parentdepartment ortransfers a child from one out-of-home caregiverSB0181A who-1- requestsSB a181 nonemergencyNew changeText inUnderlined [DELETED TEXT BRACKETED] 33-LS0348\H placement ofto another, the childdepartment shall providesearch SB0181Bas -1-provided CSSBunder 181(HSS)AS New47.10.145 Textfor Underlinedan [DELETEDappropriate TEXTplacement BRACKETED]with 33-LS0348\Pan theadult departmentfamily withmember reasonableor advancea noticefamily offriend who meets the requestedfoster change.care licensing requirements established by the department.

When the department transfers a child from one out-of-home placement to another, the department shall search as provided under AS 47.10.145 for an appropriate placement with an adult family member or a family friend who meets the foster care licensing requirements established by the department.

Before identifying a placement of the child in an adoptive home, the department shall [ATTEMPT TO] locate any [ALL] living adult family members of the child through a diligent search for adult family members as described in AS 47.10.145 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 whoif it [WHO] is known by the department tothat placement with the adult family member would be ineligiblecontrary forto athe fosterbest careinterests licenseof underthe child [TO BE INELIGIBLE FOR A FOSTER CARE LICENSE UNDER AS 47.32 andAND regulationsREGULATIONS adoptedADOPTED underUNDER AS 47.32.47.32].

In determining the best interests of the child under this subsection, the departmentcourt shall consider the child's physical and psychological well-being.

In determining the best interests of a child under six years of age, the departmentcourt shall consider whether the child has resided for at least 12 consecutive months with a foster CSSB 181(HSS) -2- SB0181B New Text Underlined [DELETED TEXT BRACKETED] 33-LS0348\P family seeking adoption and whether an adult family member seeking adoption has previously demonstrated an intent SB 181 -2- SB0181A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0348\H or desire to be considered for placement for the child [UNLESS THERE IS GOOD CAUSE NOT TO APPROVE THE ADOPTION].

A supervisor at the department shall certify in writing in the case file whether the department has conductedperformed a diligent search as described in AS 47.10.145 [SEARCHED] for an appropriate placement with an adult family member or family friend.

(a) Within 30 days after removing a child from a parent's home under AS 47.14.100(e), taking emergency custody of a child, or receiving a court order committing a child to the department for temporary placement under AS 47.10.142, or transferring a child from one placement to another under AS 47.10.080(s), the department shall conduct a diligent search for an adult family member or family friend of the child suitable for placement.

SB0181B -3- CSSB 181(HSS) New Text Underlined [DELETED TEXT BRACKETED] 33-LS0348\P (B) the child;

SB0181A -3- SB 181 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0348\H (C) relatives of the child identified during the case;

and (3) conductperform any other reasonable investigation that is likely to identify adult family members or family friends who are appropriate for placement.

and (4) describing any financial assistance for which a family member may be eligible upon obtaining custody of the child.child;

(c)and The(5) departmentthat shallis reportwritten toin the courtfamily inmember's writingnative regardinglanguage theif actions taken by the departmentfamily undermember (a)(1)is -not (3)fluent ofin thisEnglish. section at any scheduled disposition, case review, or permanency hearing or as otherwise required by the court.

(c) The department shall file with the court information regarding actions taken by the department under (a)(1) - (3) of this section 10 days before any scheduled disposition, case review, or permanency hearing or as otherwise required by the court.

Any additional information obtained by the department following the initial filing shall be disclosed to the court during the hearing.

The court may excuse the department SB 181 -4- SB0181A New Text Underlined [DELETED TEXT BRACKETED] 33-LS0348\H from considering an adult family member for placement of a child if the adult family member does not demonstrate an interest in and willingness to be considered for placement of the child within 90 days from the date of receiving the required notice CSSB 181(HSS) -4- SB0181B New Text Underlined [DELETED TEXT BRACKETED] 33-LS0348\P under (b) of this section.

(3) with, in the following order of preference, (A) an adult family member, or, if the child is under six years of ageage, and it is in the best interests of the child, a licensed foster home that has provided at least 12 consecutive months of care to the child;

(m) Prima[PRIMA facieFACIE evidenceEVIDENCE ofOF goodGOOD causeCAUSE notNOT toTO placePLACE aA childSB0181A with-5- anSB adult181 familyNew memberText orUnderlined family[DELETED friendTEXT underBRACKETED] 33-LS0348\H CHILD WITH AN ADULT FAMILY MEMBER OR FAMILY FRIEND UNDER AS 47.10.088(i) orOR underUNDER (e) ofOF thisTHIS sectionSECTION includesINCLUDES theTHE failureFAILURE toTO meetMEET theTHE requirementsREQUIREMENTS forFOR aA fosterFOSTER careCARE licenseLICENSE underUNDER AS 47.32 andAND regulationsREGULATIONS adoptedADOPTED underUNDER AS 47.32, takingTAKING intoINTO accountACCOUNT aA waiver,WAIVER, variance,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, or SB0181Bthat -5-it CSSBis 181(HSS)not Newin Textthe Underlinedbest [DELETEDinterests TEXTof BRACKETED]a 33-LS0348\Pchild exemptionto allowedplacehte underchild, ASwith 47.32.030(a)(3)an andadult 47.32.032.family member or adult family friend does not include poverty or inadequate or crowded housing.

Prima facie evidence of good cause not to place a child, or that it is not in the best interests of a child to place the child, with an adult family member or adult family friend does not include poverty or inadequate or crowded housing.

A non-party [ADULT FAMILY MEMBER OR FAMILY FRIEND] requesting a review hearing under AS 47.10.080(s),47.10.088(i) 47.10.088(i), [AS 47.10.088(i)] or [UNDER]under (e) of this section is not eligible for publicly appointed legal counsel.

AS 47.32.032 is amended by adding new subsections to read:

(d) The department shall assist an adult family member or family friend in gathering the information necessary to submit a request for a variance under this section.

(e) In this section, "department" means the Department of Family and Community Services.

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CSSBSB 181(HSS)181 -6- SB0181BSB0181A New Text Underlined [DELETED TEXT BRACKETED]