SB 88 — An Act relating to placement of a child in need of aid; relating to adoption; relating to variances for foster care licenses; relating to the medical records of children in foster care; and providing for an effective date.

34-LS0397\G34-LS0397\A CS FOR SENATE BILL NO.

88(HSS)88 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-FOURTH LEGISLATURE - FIRST SESSION BY THESENATOR SENATEBJORKMAN HEALTHIntroduced: AND SOCIAL SERVICES COMMITTEE Referred:

Finance2/5/25 Sponsor(s):Referred:

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

A party or child's foster parent with whom the child has resided for at least 18 months who is 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 may obtain, at the foster parent's cost, a medical or psychological evaluation of the SB0088B -1- CSSB 88(HSS) New Text Underlined [DELETED TEXT BRACKETED] 34-LS0397\G child for the purpose of providing evidence at the hearing.

A SB0088A -1- SB 88 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0397\A foster parent who requests a hearing to oppose a proposed transfer under this subsection does not become a party to the case.

(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 CSSBSB 88(HSS)88 -2- SB0088BSB0088A New Text Underlined [DELETED TEXT BRACKETED] 34-LS0397\G34-LS0397\A rights to a child is filed.

If an adult family member of athe [THE] child six years of age or older requests that the department approve the adult family member for an adoption, the department shall approve the request unlessif thereit is goodin causethe notbest tointerests approveof the adoption.child.

IfIn andetermining adultthe familybest memberinterests of athe child under sixthis yearssubsection, of age requests that the department approve the adult family member for an adoption, the department shall approveconsider the requestchild's unlessphysical the child has resided with a foster family seeking adoption for at least 24 months and therepsychological iswell-being. clear and convincing evidence that continued placement with the foster family is in the best interests of the child.

In determining the best interests of a child under six years of age, the department shall consider whether the child has resided for at least 12 consecutive months with a foster family seeking adoption and whether an adult family member seeking adoption has previously demonstrated an intent or desire to be considered for placement for the child [UNLESS THERE IS GOOD CAUSE NOT TO APPROVE THE ADOPTION].

(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 SB0088A -3- SB 88 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0397\A AS 47.14.100(e).

A supervisor at the department shall certify in writing in the case file whether the department has conducted a diligent search as described in SB0088B -3- CSSB 88(HSS) New Text Underlined [DELETED TEXT BRACKETED] 34-LS0397\G AS 47.10.145 [SEARCHED] for an appropriate placement with an adult family member or family friend.

(b) The department shall provide all adult family members of the child identified in the diligent search, subject to exceptions for family with domestic violence or other safety concerns as determined by the department, a notice SB 88 -4- SB0088A New Text Underlined [DELETED TEXT BRACKETED] 34-LS0397\A (1) stating the child has been or is being removed from parental custody;

CSSB 88(HSS) -4- SB0088B New Text Underlined [DELETED TEXT BRACKETED] 34-LS0397\G (2) explaining the options that the family member has to participate in the care and placement of the child and the results of failing to respond to the notice;

The department shall place the child, in the absence of clear and convincing evidence of good cause to the contrary, SB0088A -5- SB 88 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0397\A (1) in the least restrictive setting that most closely approximates a family and that meets the child's special needs, if any;

SB0088B -5- CSSB 88(HSS) New Text Underlined [DELETED TEXT BRACKETED] 34-LS0397\G (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, or, if the child is under six years of age and the department finds by clear and convincing evidence that it is in the best interests of the child, a licensed foster home that has provided at least 2412 consecutive months of care to the child;

(d) The department shall assist an adult family member or family friend in SB 88 -6- SB0088A New Text Underlined [DELETED TEXT BRACKETED] 34-LS0397\A gathering the information necessary to submit a request for a variance under this CSSB 88(HSS) -6- SB0088B New Text Underlined [DELETED TEXT BRACKETED] 34-LS0397\G section.

SB0088BSB0088A -7- CSSBSB 88(HSS)88 New Text Underlined [DELETED TEXT BRACKETED]