34-LS0085\ILAWS SENATEOF BILLALASKA NO.Source Chapter No.

9HCS INCSSB THE9(JUD) LEGISLATURE_______ OFAN THEACT STATERelating OFto ALASKAthe THIRTY-FOURTHsurrender LEGISLATUREof -infants; SECOND SESSION BY SENATORS MYERS, Giessel, Hughes, Cronk, Gray-Jackson Introduced:

1/22/25relating Referred:to civil history;

Health and Socialproviding Services,for Judiciaryan Aeffective BILLdate. FOR AN ACT ENTITLED "An Act relating to the surrender of infants;

and_______________ providing for an effective date." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

*THE SectionACT 1.FOLLOWS ON PAGE 1 Enrolled SB 9 AN ACT Relating to the surrender of infants;

relating to civil history;

and providing for an effective date.

_______________ * Section 1.

AS 47.05.325(a) is amended to read:

(a) The Department of Health and the Department of Family and Community Services shall establish by regulation civil history standards for denial of issuance or renewal of a license or certification for an individual or for an entity within that department's licensing or certification authority if the individual who is applying for a license, license renewal, certification, or certification renewal is (1) a biological or adoptive parent, guardian, custodian, or Indian custodian of a child who is or was the subject of a child-in-need-of-aid petition under AS 47.10 and the individual had custody ofthechild at thetimethechild was thesubject of a petition, unless the only basis in the petition for alleging that the child was a child in need of aid under AS 47.10.011 was that the child was surrendered in the manner described in AS 47.10.013(c);

or -1- Enrolled SB 9 (2) the subject of a finding or circumstance described in AS 47.05.330(a).

* Sec.

2.

AS 47.05.330(a) is amended to read:

(a) The Department of Health and the Department of Family and Community Services shall by regulation identify each database that department will review when conducting a civil history check under AS 47.05.325 to identify each individual (1) whom a court or the applicable department has found (A) to have committed abuse, neglect, undue influence, or exploitation of a vulnerable adult;

(B) under AS 47.32 or regulations adopted under AS 47.32, to have significantly adversely affected the health, safety, or welfare of an individual who is receiving a service from an entity licensed under AS 47.32;

a finding described in this subparagraph includes a decision to revoke, suspend, or deny a license or license renewal, or the relinquishment of a license as part of a settlement agreement;

(2) who has been subject to criminal or civil penalties for a violation of AS 09.58, AS 47.05, AS 47.06, AS 47.07, AS 47.08, or regulations adopted under AS 09.58, AS 47.05, AS 47.06, AS 47.07, or AS 47.08;

(3) about whom the applicable department or a court has made a substantiated finding of child abuse or neglect under AS 47.10 or AS 47.14;

(4) who was a biological or adoptive parent, guardian, custodian, or Indian custodian of a child at the time the child was the subject of a child-in-need-of- aid petition under AS 47.10, unless the only basis in the petition for alleging that the child was a child in need of aid under AS 47.10.011 was that the child was surrendered in the manner described in AS 47.10.013(c);

(5) who, inthe course of employment with thestate, has been terminated from employment or has had an allegation of assaultive, abusive, neglectful, or exploitive behavior or actions substantiated;

(6) who, in this state or another jurisdiction, for reasons related to abuse, neglect, undue influence, exploitation, or other reasons that are inconsistent with standards for the protection of public health, safety, or welfare, has had a professional Enrolled SB 9 -2- license, certification, or similar professional designation revoked, suspended, or denied, or has had a request for renewal of a professional license, certification, or similar professional designation denied;

(7) whom another state or jurisdiction has identified on a civil registry ordatabasesubstantially similartothedatabasesidentifiedunderthissection forreasons substantially similar to the reasons identified in (1) - (6) of this subsection.

* Sec.

3.

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) thetheparent,withoutexpressinganintenttoreturnfortheinfant,leaves parent, without expressing an intent to return for the infant, leaves the infant (A) in the physical custody of a person who (i) [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;

SB0009A -1- SB 9 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0085\I (ii) is a [(B)] peace officer, community health aide, physician, or hospital employee;

or (iii) [(C)[(C)PERSON 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;

or (B) in an infant safety device that (i) is physically affixed to an exterior wall or located inside of a hospital, emergency department, freestanding birth center as defined in AS 47.32.900, officehealth offacility aas privatedefined physicianin whetherAS in47.07.900 individualthat is owned or groupmanaged practice,by rurala tribal health clinicorganization as defined in AS 47.32.900,17.30.200(d), municipaloffice policeof department,a stateprivate trooper-3- post,Enrolled fireSB department,9 orphysician, otherwhether facilityin designatedindividual byor thegroup commissionerpractice, asrural anhealth appropriateclinic locationas fordefined anin infantAS safety47.32.900, devicemunicipal underpolice regulationsdepartment, adoptedstate bytrooper thepost, commissioner;or fire department;

2.4.

(4) immediatelyimmediatelynotifythenearestofficeofthedepartmentthattheinfant notify the nearest office of the department that the SB 9 -2- SB0009A New Text Underlined [DELETED TEXT BRACKETED] 34-LS0085\I infant has been surrendered ininthemannerdescribed thein(c)(1)(A)(ii) manneror(iii)[(c)] described in (c)(1)(A)(ii) or (iii) [(c)] of this section.

3.5.

(e) An individual, agency, designatedauthorized 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.

4.6.

(g) AAn designatedauthorized facility that receives an infant surrendered under (c)(1)(B) of this section shall immediately notify the nearest office of the department that the infant has been surrendered under (c)(1)(B) of this section.

(h) An infant safety device must be (1) located in an area that is conspicuous and visible to employees of aan designatedauthorized facility;

Enrolled SB 9 -4- (3) clearly marked with appropriate signage,signage asthat determinedincludes by(A) a statement that only a child less than 21 days old may be placed in the department;infant safety device;

and(B) (4) equipped with (A) a systemstatement that automatically transmits a request to the 911parent emergencymay systemsurrender for the immediateinfant dispatchin ofperson an emergency medical services provider to thean locationemployee ofinside thean infantauthorized safetyfacility; device when the infant safety device is opened;

(B)(C) a videostatement surveillance system that allowsthe employeesparent ofmay thecall designated911 facility to monitorsurrender the interior of the infant safetydirectly deviceto 24an hoursemergency aservices day;provider;