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SENATE BILL NO. 88
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FOURTH LEGISLATURE - FIRST SESSION
BY SENATOR BJORKMAN
Introduced: 2/5/25
Referred: Health and Social Services, Finance
A BILL
FOR AN ACT ENTITLED
"An Act relating to placement of a child in need of aid; relating to adoption; relating to 1
variances for foster care licenses; relating to the medical records of children in foster 2
care; and providing for an effective date." 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4
* Section 1. AS 47.10.080(s) is amended to read: 5
(s) The department may transfer a child, in the child's best interests, from one 6
placement setting to another, and the child, the child's parents or guardian, the child's 7
foster parents or out-of-home caregiver, the child's guardian ad litem, the child's 8
attorney, and the child's tribe are entitled to advance notice of a nonemergency 9
transfer. A party or child's foster parent who is opposed to the proposed transfer may
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request a hearing and must prove by clear and convincing evidence that the transfer 11
would be contrary to the best interests of the child for the court to deny the transfer. A 12
foster parent may obtain, at the foster parent's cost, a medical or psychological 13
evaluation of the child for the purpose of providing evidence at the hearing. A 14 34-LS0397\A
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foster parent who requests a hearing to oppose a proposed transfer under this 1
subsection does not become a party to the case. A foster parent or out-of-home 2
caregiver who requests a nonemergency change in placement of the child shall provide 3
the department with reasonable advance notice of the requested change. When the 4
department transfers a child from one out-of-home placement to another, the 5
department shall search as provided under AS 47.10.145 for an appropriate 6
placement with an adult family member or a family friend who meets the foster care 7
licensing requirements established by the department. A supervisor at the department 8
shall certify in writing in the case file whether the department has searched for an 9
appropriate placement with an adult family member or family friend. If the department 10
has not complied with the search requirements under this subsection, the supervisor 11
shall work to ensure that the department completes the search in the shortest time 12
feasible. 13
* Sec. 2. AS 47.10.084(d) is amended to read: 14
(d) When the child is placed in foster care, the foster parent has the right and 15
responsibility to use a reasonable and prudent parent standard to make decisions 16
relating to the child. The foster parent may make decisions under (a) or (b) of this 17
section that include decisions relating to the child's participation in age-appropriate or 18
developmentally appropriate activities, including travel, sports, field trips, overnight 19
activities, and extracurricular, enrichment, cultural, and social activities. A health 20
care provider subject to the provisions of the Health Insurance Portability and 21
Accountability Act of 1996 (P.L. 104-191) who provides services to a child in 22
foster care shall provide the medical records of the child to the child's foster 23
parent upon the request of the foster parent. The department shall provide foster 24
parents with training regarding the reasonable and prudent parent standard. In this 25
subsection, "reasonable and prudent parent standard" means a standard characterized 26
by careful and sensible decisions to maintain the health, safety, and best interests of 27
the child while encouraging the emotional and developmental growth of the child. 28
* Sec. 3. AS 47.10.088(i) is amended to read: 29
(i) The department shall concurrently identify, recruit, process, and approve a 30
qualified person or family for an adoption whenever a petition to terminate a parent's 31 34-LS0397\A
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rights to a child is filed. Before identifying a placement of the child in an adoptive 1
home, the department shall [ATTEMPT TO] locate any [ALL] living adult family 2
members of the child through a diligent search for adult family members as 3
described in AS 47.10.145 and, if an adult family member expresses an interest in 4
adopting the child, investigate the adult family member's ability to care for the child. 5
The department shall provide to all adult family members of the child located by the 6
department written notice of the adult family members' rights under this chapter and of 7
the procedures necessary to gain custody of the child, but the department's obligation 8
to provide written notice under this subsection does not apply to a parent of the child 9
whose parental rights are being or have been terminated or to an adult family member 10
who is known by the department to be ineligible for a foster care license under 11
AS 47.32 and regulations adopted under AS 47.32. If an adult family member of the 12
child requests that the department approve the adult family member for an adoption, 13
the department shall approve the request if it is in the best interests of the child. In 14
determining the best interests of the child under this subsection, the department 15
shall consider the child's physical and psychological well-being. In determining 16
the best interests of a child under six years of age, the department shall consider 17
whether the child has resided for at least 12 consecutive months with a foster 18
family seeking adoption and whether an adult family member seeking adoption 19
has previously demonstrated an intent or desire to be considered for placement 20
for the child [UNLESS THERE IS GOOD CAUSE NOT TO APPROVE THE 21
ADOPTION]. If the court issues an order to terminate under (j) of this section, the 22
department shall report within 30 days on the efforts being made to recruit a 23
permanent placement for the child if a permanent placement was not approved at the 24
time of the trial under (j) of this section. The report must document recruitment efforts 25
made for the child. 26
* Sec. 4. AS 47.10.142(i) is amended to read: 27
(i) When the department takes emergency custody of a child under this section 28
or a court orders a child committed to the department for temporary placement under 29
this section, the department shall, to the extent feasible and consistent with the best 30
interests of the child, place the child according to the criteria specified under 31 34-LS0397\A
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AS 47.14.100(e). A supervisor at the department shall certify in writing in the case file 1
whether the department has conducted a diligent search as described in 2
AS 47.10.145 [SEARCHED] for an appropriate placement with an adult family 3
member or family friend. If the department has not complied with the search 4
requirements under this subsection, the supervisor shall work to ensure that the 5
department completes the search in the shortest time feasible if it is consistent with the 6
best interests of the child. 7
* Sec. 5. AS 47.10 is amended by adding a new section to read: 8
Sec. 47.10.145. Diligent search. (a) Within 30 days after removing a child 9
from a parent's home under AS 47.14.100(e), taking emergency custody of a child, 10
receiving a court order committing a child to the department for temporary placement 11
under AS 47.10.142, or transferring a child from one placement setting to another 12
under AS 47.10.080(s), the department shall conduct a diligent search for an adult 13
family member or family friend of the child suitable for placement. In conducting the 14
diligent search, the department shall 15
(1) interview 16
(A) the child's parent during the course of an investigation 17
while department services are provided and the child is in the care of the 18
department; 19
(B) the child; 20
(C) relatives of the child identified during the case; and 21
(D) any other person who is likely to have information about 22
the identity or location of adult family members or family friends; 23
(2) conduct comprehensive searches of databases and other resources 24
available to the department likely to identify and locate adult family members or 25
family friends; and 26
(3) conduct any other reasonable investigation that is likely to identify 27
adult family members or family friends who are appropriate for placement. 28
(b) The department shall provide all adult family members of the child 29
identified in the diligent search, subject to exceptions for family with domestic 30
violence or other safety concerns as determined by the department, a notice 31 34-LS0397\A
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(1) stating the child has been or is being removed from parental 1
custody; 2
(2) explaining the options that the family member has to participate in 3
the care and placement of the child and the results of failing to respond to the notice; 4
(3) describing the process for becoming a licensed foster home and the 5
additional services and supports available for children placed in approved foster 6
homes; and 7
(4) describing any financial assistance for which a family member may 8
be eligible upon obtaining custody of the child. 9
(c) The department shall report to the court in writing regarding the actions 10
taken by the department under (a)(1) - (3) of this section at any scheduled disposition, 11
case review, or permanency hearing or as otherwise required by the court. 12
(d) The department shall continue to diligently search for adult family 13
members or family friends suitable for placement of the child until the court orders 14
that the department is excused from conducting a diligent search or the department 15
finalizes the permanent placement of the child. The court may excuse the department 16
from considering an adult family member for placement of a child if the adult family 17
member does not demonstrate an interest in and willingness to be considered for 18
placement of the child within 90 days from the date of receiving the required notice 19
under (b) of this section. 20
* Sec. 6. AS 47.14.100(e) is amended to read: 21
(e) When a child is removed from a parent's home, the department shall search 22
for an appropriate placement as provided under AS 47.10.145 [WITH AN ADULT 23
FAMILY MEMBER OR FAMILY FRIEND. A SUPERVISOR AT THE 24
DEPARTMENT SHALL CERTIFY IN WRITING IN THE CASE FILE WHETHER 25
THE DEPARTMENT HAS SEARCHED FOR AN APPROPRIATE PLACEMENT 26
WITH AN ADULT FAMILY MEMBER OR FAMILY FRIEND]. If the departmen t 27
has not complied with the search requirements [UNDER THIS SUBSECTION], the 28
supervisor shall work to ensure that the department completes the search in the 29
shortest time feasible. The department shall place the child, in the absence of clear and 30
convincing evidence of good cause to the contrary, 31 34-LS0397\A
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(1) in the least restrictive setting that most closely approximates a 1
family and that meets the child's special needs, if any; 2
(2) within reasonable proximity to the child's home, taking into 3
account any special needs of the child and the preferences of the child or parent; 4
(3) with, in the following order of preference, 5
(A) an adult family member, or, if the child is under six years 6
of age and it is in the best interests of the child, a licensed foster home that 7
has provided at least 12 consecutive months of care to the child; 8
(B) a family friend who meets the foster care licensing 9
requirements established by the department; 10
(C) a licensed foster home that is not an adult family member 11
or family friend; 12
(D) an institution for children that has a program suitable to 13
meet the child's needs. 14
* Sec. 7. AS 47.14.100(m) is amended to read: 15
(m) Prima facie evidence of good cause not to place a child with an adult 16
family member or family friend under AS 47.10.088(i) or under (e) of this section 17
includes the failure to meet the requirements for a foster care license under AS 47.32 18
and regulations adopted under AS 47.32, taking into account a waiver, variance, or 19
exemption allowed under AS 47.32.030(a)(3) and 47.32.032. Prima facie evidence of 20
good cause not to place a child, or that it is not in the best interests of a child to 21
place the child, with an adult family member or adult family friend does not include 22
poverty or inadequate or crowded housing. If the department denies a request for 23
placement with an adult family member or a family friend, the department shall 24
inform the adult family member or family friend of the basis for the denial and the 25
right to request a hearing to review the decision. A non-party [ADULT FAMILY 26
MEMBER OR FAMILY FRIEND] requesting a review hearing under 27
AS 47.10.080(s), 47.10.088(i), [AS 47.10.088(i)] or [UNDER] (e) of this section is not 28
eligible for publicly appointed legal counsel. 29
* Sec. 8. AS 47.32.032 is amended by adding new subsections to read: 30
(d) The department shall assist an adult family member or family friend in 31 34-LS0397\A
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gathering the information necessary to submit a request for a variance under this 1
section. 2
(e) In this section, "department" means the Department of Family and 3
Community Services. 4
* Sec. 9. This Act takes effect January 1, 2026. 5