Alaska 2025-2026 Regular Session

Alaska Senate Bill SB123 Compare Versions

Only one version of the bill is available at this time.

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11	11	SENATE BILL NO. 123
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13	13	IN THE LEGISLATURE OF THE STATE OF ALASKA
14	14
15	15	THIRTY-FOURTH LEGISLATURE - FIRST SESSION
16	16
17	17	BY SENATOR MYERS BY REQUEST
18	18
19	19	Introduced: 3/6/25
20	20	Referred: Health and Social Services, Judiciary
21	21
22	22
23	23	A BILL
24	24
25	25	FOR AN ACT ENTITLED
26	26
27	27	"An Act relating to citizen review panels for certain children in state custody; 1
28	28	reestablishing the Citizens' Review Panel for Permanency Planning; and providing for 2
29	29	an effective date." 3
30	30	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4
31	31	* Section 1. AS 44.66.010(a) is amended by adding a new paragraph to read: 5
32	32	(17) Citizens' Review Panel for Permanency Planning (AS 47.10.401) 6
33	33	- June 30, 2032. 7
34	34	* Sec. 2. AS 47.10.080 is amended by adding new subsections to read: 8
35	35	(z) Within 60 days after the date the department removes a child from the 9
36	36	child's home, the department shall notify the appropriate local citizen out-of-home 10
37	37	care review panel established under AS 47.10.421. 11
38	38	(aa) Within 60 days after a court orders a child committed to the department 12
39	39	under (c) of this section, and at a permanency hearing or review under (f) or (l) of this 13
40	40	section, the department shall inform the parties about the local citizen out-of-home 14 34-LS0018\I
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44	44	care review panel established under AS 47.10.421. 1
45	45	* Sec. 3. AS 47.10.093(b) is amended to read: 2
46	46	(b) A state or municipal agency or employee shall disclose appropriate 3
47	47	confidential information regarding a case to 4
48	48	(1) a guardian ad litem appointed by the court; 5
49	49	(2) a person or an agency requested by the department or the child's 6
50	50	legal custodian to provide consultation or services for a child who is subject to the 7
51	51	jurisdiction of the court under AS 47.10.010 as necessary to enable the provision of 8
52	52	the consultation or services; 9
53	53	(3) an out-of-home care provider as necessary to enable the out-of-10
54	54	home care provider to provide appropriate care to the child, to protect the safety of the 11
55	55	child, and to protect the safety and property of family members and visitors of the out-12
56	56	of-home care provider; 13
57	57	(4) a school official as necessary to enable the school to provide 14
58	58	appropriate counseling and support services to a child who is the subject of the case, to 15
59	59	protect the safety of the child, and to protect the safety of school students and staff; 16
60	60	(5) a governmental agency as necessary to obtain that agency's 17
61	61	assistance for the department in its investigation or to obtain physical custody of a 18
62	62	child; 19
63	63	(6) a law enforcement agency of this state or another jurisdiction as 20
64	64	necessary for the protection of any child or for actions by that agency to protect the 21
65	65	public safety; 22
66	66	(7) a member of a multidisciplinary child protection team created 23
67	67	under AS 47.14.300 as necessary for the performance of the member's duties; 24
68	68	(8) the state medical examiner under AS 12.65 as necessary for the 25
69	69	performance of the duties of the state medical examiner; 26
70	70	(9) a person who has made a report of harm as required by 27
71	71	AS 47.17.020 to inform the person that the investigation was completed and of action 28
72	72	taken to protect the child who was the subject of the report; 29
73	73	(10) the child support services agency established in AS 25.27.010 as 30
74	74	necessary to establish and collect child support for a child who is a child in need of aid 31 34-LS0018\I
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78	78	under this chapter; 1
79	79	(11) a parent, guardian, or caregiver of a child or an entity responsible 2
80	80	for ensuring the safety of children as necessary to protect the safety of a child; 3
81	81	(12) a review panel, including a variance committee established under 4
82	82	AS 47.05.360, established by the department for the purpose of reviewing the actions 5
83	83	taken by the department in a specific case; 6
84	84	(13) the University of Alaska under the Alaska education savings 7
85	85	program for children established under AS 47.14.400, but only to the extent that the 8
86	86	information is necessary to support the program and only if the information released is 9
87	87	maintained as a confidential record by the University of Alaska; 10
88	88	(14) a child placement agency licensed under AS 47.32 as necessary to 11
89	89	provide services for a child who is the subject of the case; 12
90	90	(15) a state or municipal agency of this state or another jurisdiction 13
91	91	that is responsible for delinquent minors, as may be necessary for the administration of 14
92	92	services, protection, rehabilitation, or supervision of a child or for actions by the 15
93	93	agency to protect the public safety; however, a court may review an objection made to 16
94	94	a disclosure under this paragraph; the person objecting to the disclosure bears the 17
95	95	burden of establishing by a preponderance of the evidence that disclosure is not in the 18
96	96	child's best interest; [AND] 19
97	97	(16) a sibling of a child who is the subject of the case to allow the 20
98	98	siblings to contact each other if it is in the best interests of the child to maintain 21
99	99	contact; in this paragraph, "sibling" means an adult or minor who is related to the child 22
100	100	who is the subject of the case by blood, adoption, or marriage as a child of one or both 23
101	101	of the parents of the child who is the subject of the case; a sibling who is adopted by a 24
102	102	person other than the parent of the child who is the subject of the case remains a 25
103	103	sibling of the child; and 26
104	104	(17) a local citizen out-of-home care review panel established 27
105	105	under AS 47.10.421. 28
106	106	* Sec. 4. AS 47.10.142 is amended by adding a new subsection to read: 29
107	107	(j) Within 60 days after a court orders a child committed to the department 30
108	108	under this section, the department shall inform the parties about the local citizen out-31 34-LS0018\I
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112	112	of-home care review panel established under AS 47.10.421. 1
113	113	* Sec. 5. AS 47.10 is amended by adding new sections to read: 2
114	114	Article 3A. Citizens' Review Panel for Permanency Planning. 3
115	115	Sec. 47.10.401. Citizens' Review Panel for Permanency Planning. (a) The 4
116	116	Citizens' Review Panel for Permanency Planning is created in the Department of 5
117	117	Administration. The state panel consists of five voting members appointed by the 6
118	118	governor from among present members of local panels established under 7
119	119	AS 47.10.421. The governor shall appoint at least one voting state panel member from 8
120	120	each judicial district. The governor may not appoint a person who has committed a 9
121	121	felony or violated AS 11.51.130 or a law with substantially similar elements in this or 10
122	122	another jurisdiction. The state panel also includes the following five nonvoting 11
123	123	members, or their designees, who serve ex officio: the commissioner of family and 12
124	124	community services, the director of the office of public advocacy, the attorney general, 13
125	125	the public defender appointed under AS 18.85.030, and the chief justice of the Alaska 14
126	126	Supreme Court. 15
127	127	(b) The voting members of the state panel serve at the pleasure of the governor 16
128	128	for staggered terms of three years or until successors are appointed. 17
129	129	(c) The voting members of the state panel shall elect from among the voting 18
130	130	members a chair who shall serve for one year. Three voting members of the state panel 19
131	131	constitute a quorum for the transaction of business. The state panel may not take 20
132	132	official action without the affirmative vote of at least three of its members. 21
133	133	(d) Members of the state panel are entitled to reimbursement for actual 22
134	134	expenses necessary to perform the duties of state panel members. The reimbursement 23
135	135	may not exceed the amount of per diem and expenses authorized for boards and 24
136	136	commissions under AS 39.20.180. 25
137	137	(e) The state panel shall meet at least twice annually. Meetings may take place 26
138	138	electronically. 27
139	139	(f) The state panel may employ a program coordinator who shall serve at the 28
140	140	pleasure of the state panel. The program coordinator shall employ staff as necessary to 29
141	141	carry out the program coordinator's duties under state panel directives and to provide 30
142	142	clerical assistance to local panels. 31 34-LS0018\I
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146	146	Sec. 47.10.411. Duties of state panel. The state panel shall 1
147	147	(1) by regulation, adopt policies and procedures to carry out its duties 2
148	148	and to govern the performance of the duties of the local panels established under 3
149	149	AS 47.10.421; 4
150	150	(2) ensure that local panel members receive at least the minimum level 5
151	151	of training necessary to effectively carry out their duties; 6
152	152	(3) coordinate and review the activities of the local panels and make 7
153	153	recommendations to the governor on appointments to the local panels; 8
154	154	(4) report annually to the legislature, by the 10th day of each regular 9
155	155	session, concerning the activities of the state panel and local panels during the 10
156	156	previous fiscal year; the panel shall submit a written report to the senate secretary and 11
157	157	the chief clerk of the house of representatives and notify the legislature that the report 12
158	158	is available; the report must include the number of cases reviewed by each local panel, 13
159	159	a description of the characteristics of the children whose cases were reviewed by the 14
160	160	panels, the number of children reunited with their families, the number of children 15
161	161	placed in other permanent homes, and recommendations and justifications for program 16
162	162	improvement, including recommendations relating to state agencies and to the panel 17
163	163	review system; the report may contain other information on the experience of the local 18
164	164	panels. 19
165	165	Sec. 47.10.421. Appointment of local panels. (a) The governor shall appoint 20
166	166	for each judicial district a local citizen out-of-home care review panel composed of 21
167	167	five members and two alternates who are residents of the judicial district. Members 22
168	168	shall serve three-year terms. Alternates shall be appointed to three-year terms. 23
169	169	Alternates may attend any meeting of the local panel and may review any material 24
170	170	reviewed by the local panel. 25
171	171	(b) The governor shall appoint to a local panel persons who have training, 26
172	172	experience, special knowledge, or a demonstrated interest in the welfare of children. 27
173	173	An out-of-home care provider or a person employed by the court system, the 28
174	174	department, the office of public advocacy, the Public Defender Agency, or the 29
175	175	Department of Law may not serve as a member or alternate member of a local panel. 30
176	176	The governor may not appoint a person who has committed a felony or violated 31 34-LS0018\I
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180	180	AS 11.51.130 or a law with substantially similar elements in this or another 1
181	181	jurisdiction. 2
182	182	(c) The governor shall ensure that appointments to a local panel are reasonably 3
183	183	representative of the various social, economic, racial, ethnic, and cultural groups of the 4
184	184	district from which the members are appointed, as determined by regulations adopted 5
185	185	by the department. 6
186	186	(d) If the state panel determines that additional local panels are necessary in a 7
187	187	judicial district because of excessively large or complex caseloads for review or 8
188	188	because of the demographics of cases or determines that a local panel is not necessary 9
189	189	because of a reduced caseload, the governor may create or dissolve a local panel. The 10
190	190	governor may not reduce the number of local panels in a judicial district to less than 11
191	191	one. Appointments to a local panel established under this subsection are governed by 12
192	192	(a) - (c) of this section. 13
193	193	(e) When a person is appointed to serve on a local panel, the person shall 14
194	194	swear or affirm to keep confidential all information that comes before the local panel 15
195	195	except for nonidentifying case information included in a report to the state panel, for 16
196	196	information for reports required under AS 47.17, or as required by court order for 17
197	197	good cause shown. A local panel member may share confidential information with 18
198	198	other members of the local panel and staff who serve the local panel. 19
199	199	(f) If a member of a local panel is unable to participate in a proceeding, the 20
200	200	chair shall designate an alternate appointed under (a) of this section to participate in 21
201	201	place of the regular member at the proceeding, and the alternate shall participate for 22
202	202	the duration of that proceeding unless the alternate is unable to participate. A member 23
203	203	or alternate member may be excused from participation in a proceeding if 24
204	204	(1) the member has a scheduling conflict; or 25
205	205	(2) the local panel will consider a case involving a material decision 26
206	206	made by an immediate family member of the member; in this paragraph, "immediate 27
207	207	family" has the meaning given in AS 24.60.990(a). 28
208	208	Sec. 47.10.431. Meetings; expenses. (a) A local panel may conduct meetings 29
209	209	in person or by electronic means. In-person meetings must be held in the judicial 30
210	210	district in which the panel members reside. The chair may permit a member to 31 34-LS0018\I
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214	214	participate in an in-person meeting by electronic means. 1
215	215	(b) A local panel shall elect one of its members to serve as chair for a term of 2
216	216	one year. 3
217	217	(c) A majority of the members of a local panel constitute a quorum. A local 4
218	218	panel may not take official action without the affirmative vote of at least three of its 5
219	219	members. 6
220	220	(d) A local panel member is not eligible for travel expenses, per diem, or other 7
221	221	expenses for service on the local panel unless the state panel requires the local panel 8
222	222	member to travel to attend a meeting. If the state panel requires a local panel member 9
223	223	to travel to attend a meeting, the local panel member is entitled to reimbursement for 10
224	224	actual expenses incurred by the member in attending the meeting, except that the 11
225	225	reimbursement may not exceed the amount of per diem and expenses authorized for 12
226	226	boards and commissions under AS 39.20.180. 13
227	227	Sec. 47.10.441. Duties of local panels. (a) A local panel shall review the case 14
228	228	plan of each child in the custody of the department who is in a placement other than 15
229	229	the child's own home under AS 47.10.080(c)(1) or (3), 47.10.142, or 47.14.100(c) if 16
230	230	the case is under the jurisdiction of a court, including a tribal court, in the judicial 17
231	231	district served by the panel. A local panel may request a local panel in another judicial 18
232	232	district conduct a review and make a report if that local panel is more convenient for 19
233	233	the child and other persons involved. 20
234	234	(b) At least 30 days before beginning a review, a local panel shall provide 21
235	235	written notice to the following persons that a review will be conducted and that each 22
236	236	person notified may participate in the review: 23
237	237	(1) the department; 24
238	238	(2) the child or the child's legal representative; 25
239	239	(3) the child's parents; 26
240	240	(4) the child's guardian; 27
241	241	(5) the child's guardian ad litem; 28
242	242	(6) the child's out-of-home care provider; and 29
243	243	(7) if the case is governed by 25 U.S.C. 1901 - 1963 (Indian Child 30
244	244	Welfare Act), 31 34-LS0018\I
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248	248	(A) the child's Indian custodian; and 1
249	249	(B) the designated representative of the child's Indian tribe if 2
250	250	the tribe has intervened in the case. 3
251	251	(c) In reviewing a case, a local panel shall consider the case plan and any 4
252	252	progress report of the department or the child's guardian ad litem, court records, and 5
253	253	other relevant information about the child and the child's family. The local panel shall 6
254	254	also provide to the following persons an opportunity to be interviewed by the local 7
255	255	panel in person or by telephone or to provide written material to the panel: 8
256	256	(1) the child whose case is being reviewed if the child is 10 years of 9
257	257	age or older; 10
258	258	(2) the parents, custodians, or other relatives of the child; 11
259	259	(3) the child's out-of-home care provider; 12
260	260	(4) the child's guardian; 13
261	261	(5) the child's guardian ad litem; 14
262	262	(6) the case worker or social worker assigned to the case; 15
263	263	(7) if the case is governed by 25 U.S.C. 1901 - 1963 (Indian Child 16
264	264	Welfare Act), 17
265	265	(A) the child's Indian custodian; and 18
266	266	(B) the designated representative of the child's Indian tribe if 19
267	267	the tribe has intervened in the case; and 20
268	268	(8) other persons with a close personal knowledge of the case. 21
269	269	(d) At the discretion of the child's guardian ad litem or, if the child does not 22
270	270	have a guardian ad litem, at the discretion of the child's parent or guardian, a child 23
271	271	under 10 years of age whose case is being reviewed may be present at interviews 24
272	272	conducted under (c) of this section and during review by the local panel or may be 25
273	273	interviewed. At the child's request, the local panel shall allow a child who is 10 years 26
274	274	of age or older to be present at interviews or a review of the local panel that concerns 27
275	275	the child's case, unless the local panel determines that for good cause the child's 28
276	276	presence would be contrary to the best interests of the child or finds other good cause 29
277	277	for denying the child's request. 30
278	278	(e) During a review under (a) of this section, a local panel shall 31 34-LS0018\I
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282	282	(1) determine whether the child has a case plan designed to achieve 1
283	283	placement in the least restrictive, most family-like setting available in close proximity 2
284	284	to the home of the child's parents that is consistent with the best interests, special 3
285	285	needs, and circumstances of the child; 4
286	286	(2) evaluate the continuing necessity and appropriateness of the child's 5
287	287	placement, the extent of the parties' compliance with the child's case plan, and the 6
288	288	extent of progress that has been made toward mitigating the causes that necessitated 7
289	289	placement away from the child's parents; 8
290	290	(3) ascertain the date by which the child is likely to be returned to the 9
291	291	home or placed for adoption or legal guardianship; 10
292	292	(4) determine whether the parties have complied with applicable 11
293	293	provisions of 25 U.S.C. 1901 - 1963 (Indian Child Welfare Act) and other applicable 12
294	294	state and federal laws; and 13
295	295	(5) determine whether the requirements of AS 47.10.080(f) and (l) and 14
296	296	47.10.142(h) have been met. 15
297	297	(f) A local panel shall, within 30 days after reviewing a case, submit a written 16
298	298	report to the persons listed in (b) of this section. The report must make advisory 17
299	299	recommendations based on the health and safety of the child and must include 18
300	300	notification of the right to apply for a permanency hearing under AS 47.10.080(f). If 19
301	301	the court has scheduled the case for review, the local panel shall submit its report at 20
302	302	least 20 days before the hearing. 21
303	303	(g) A local panel shall report to the state panel information needed by the state 22
304	304	panel to prepare the report required under AS 47.10.411(4). 23
305	305	Sec. 47.10.451. Cooperation with state and local panels. The department, 24
306	306	Department of Law, public defender, office of public advocacy, and court system shall 25
307	307	cooperate with the state panel and the local panels to facilitate timely review of plans 26
308	308	for children whose cases are under the jurisdiction of the panels. 27
309	309	Sec. 47.10.461. Records; communications. (a) At the request of a local panel, 28
310	310	the department, the child's guardian ad litem, and the court shall furnish to the local 29
311	311	panel relevant records concerning a child and the child's family who are the subjects of 30
312	312	the local panel review. At the conclusion of a review, or, if necessary for the 31 34-LS0018\I
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316	316	preparation of the reports required under AS 47.10.441(f) and (g), upon completion of 1
317	317	the reports, a local panel shall destroy all records received by the local panel. 2
318	318	Notwithstanding AS 44.62.310, records and reports of a local panel, testimony before 3
319	319	a local panel, and deliberations of a local panel are privileged under AS 47.10.093. 4
320	320	(b) A local panel member may not reveal to another person, other than another 5
321	321	member of the local panel or the staff serving the local panel, a communication made 6
322	322	to the member while performing the member's duties under AS 47.10.401 - 47.10.491, 7
323	323	except as required under AS 47.17 or as required by court order for good cause shown. 8
324	324	A local panel member may share with the state panel communications made during the 9
325	325	local panel member's performance of official duties if the local panel member omits 10
326	326	identifying information. 11
327	327	(c) A local panel proceeding is not governed by AS 44.62.310. 12
328	328	Sec. 47.10.471. Court review of report. (a) When a report is admissible under 13
329	329	court rules, the court may consider the report of a local panel in its review under 14
330	330	AS 47.10.080(f) and at other disposition hearings other than hearings related to 15
331	331	delinquency proceedings. 16
332	332	(b) If the department, the child, or the child's parents, guardian, or guardian ad 17
333	333	litem applies for a permanency hearing under AS 47.10.080(f), the court may refer the 18
334	334	case to a local panel for review. 19
335	335	Sec. 47.10.481. Indemnification of panel members. The state shall indemnify 20
336	336	a state panel member or local panel member against civil liability for a negligent act or 21
337	337	omission by the panel member that occurs in the performance of the member's duties 22
338	338	under AS 47.10.401 - 47.10.491 unless the civil liability results from the panel 23
339	339	member's violation of 24
340	340	(1) AS 47.10.461(b); or 25
341	341	(2) the oath or affirmation required under AS 47.10.421(e). 26
342	342	Sec. 47.10.491. Definitions. In AS 47.10.401 - 47.10.491, 27
343	343	(1) "local panel" means a local citizen out-of-home care review panel 28
344	344	appointed under AS 47.10.421; 29
345	345	(2) "out-of-home care provider" means an agency or a person, other 30
346	346	than the child's legal parents, with whom a child who is in the custody of the state 31 34-LS0018\I
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350	350	under AS 47.10.080(c)(1) or (3), 47.10.142, or 47.14.100(c) is currently placed, 1
351	351	including a foster parent, a relative other than a parent, a person who has petitioned for 2
352	352	adoption of the child, or a residential child care facility; 3
353	353	(3) "state panel" means the Citizens' Review Panel for Permanency 4
354	354	Planning established under AS 47.10.401. 5
355	355	* Sec. 6. AS 44.66.010(a)(17); AS 47.10.080(z), 47.10.080(aa), 47.10.093(b)(17), 6
356	356	47.10.142(j), 47.10.401, 47.10.411, 47.10.421, 47.10.431, 47.10.441, 47.10.451, 47.10.461, 7
357	357	47.10.471, 47.10.481, and 47.10.491 are repealed. 8
358	358	* Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 9
359	359	read: 10
360	360	CITIZENS' REVIEW PANEL FOR PERMANENCY PLANNING; INITIAL 11
361	361	TERMS; STAGGERED TERMS. (a) Notwithstanding AS 47.10.401, enacted by sec. 5 of 12
362	362	this Act, the governor shall appoint the initial voting members of the Citizens' Review Panel 13
363	363	for Permanency Planning so that one member serves a one-year term, two members serve 14
364	364	two-year terms, and two members serve three-year terms. 15
365	365	(b) Notwithstanding AS 47.10.401(a), enacted by sec. 5 of this Act, the initial voting 16
366	366	members of the Citizens' Review Panel for Permanency Planning do not need to be members 17
367	367	of local citizen out-of-home care review panels established under AS 47.10.421, enacted by 18
368	368	sec. 5 of this Act. The governor shall appoint initial voting members who have training, 19
369	369	experience, special knowledge, or a demonstrated interest in the welfare of children. 20
370	370	* Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 21
371	371	read: 22
372	372	LOCAL CITIZEN OUT-OF-HOME CARE REVIEW PANEL; STAGGERED 23
373	373	TERMS. Notwithstanding AS 47.10.421, enacted by sec. 5 of this Act, the governor shall 24
374	374	appoint the initial members of a local citizen out-of-home care review panel so that one 25
375	375	member serves a one-year term, two members serve two-year terms, and two members serve 26
376	376	three-year terms. 27
377	377	* Sec. 9. Section 6 of this Act takes effect June 30, 2032. 28
378	378	* Sec. 10. Except as provided in sec. 9 of this Act, this Act takes effect January 1, 2026. 29