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Alaska Senate Bill SB88

Alaska 2025-2026 Regular Session

Alaska Senate Bill SB88 Compare Versions

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2-SB0088B -1- CSSB 88(HSS)
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10-CS FOR SENATE BILL NO. 88(HSS)
10+
11+ SENATE BILL NO. 88
1112
1213 IN THE LEGISLATURE OF THE STATE OF ALASKA
1314
1415 THIRTY-FOURTH LEGISLATURE - FIRST SESSION
1516
16-BY THE SENATE HEALTH AND S OCIAL SERVICES COMMITTEE
17+BY SENATOR BJORKMAN
1718
18-Offered: 4/9/25
19-Referred: Finance
19+Introduced: 2/5/25
20+Referred: Health and Social Services, Finance
2021
21-Sponsor(s): SENATOR BJORKMAN
22+
2223 A BILL
2324
2425 FOR AN ACT ENTITLED
2526
2627 "An Act relating to placement of a child in need of aid; relating to adoption; relating to 1
2728 variances for foster care licenses; relating to the medical records of children in foster 2
2829 care; and providing for an effective date." 3
2930 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4
3031 * Section 1. AS 47.10.080(s) is amended to read: 5
3132 (s) The department may transfer a child, in the child's best interests, from one 6
3233 placement setting to another, and the child, the child's parents or guardian, the child's 7
3334 foster parents or out-of-home caregiver, the child's guardian ad litem, the child's 8
3435 attorney, and the child's tribe are entitled to advance notice of a nonemergency 9
35-transfer. A party or child's foster parent with whom the child has resided for at
36+transfer. A party or child's foster parent who is opposed to the proposed transfer may
3637 10
37-least 18 months who is opposed to the proposed transfer may request a hearing and 11
38-must prove by clear and convincing evidence that the transfer would be contrary to the 12
39-best interests of the child for the court to deny the transfer. A foster parent may 13
40-obtain, at the foster parent's cost, a medical or psychological evaluation of the 14 34-LS0397\G
41-CSSB 88(HSS) -2- SB0088B
38+request a hearing and must prove by clear and convincing evidence that the transfer 11
39+would be contrary to the best interests of the child for the court to deny the transfer. A 12
40+foster parent may obtain, at the foster parent's cost, a medical or psychological 13
41+evaluation of the child for the purpose of providing evidence at the hearing. A 14 34-LS0397\A
42+SB 88 -2- SB0088A
4243 New Text Underlined [DELETED TEXT BRACKETED]
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44-child for the purpose of providing evidence at the hearing. A foster parent who 1
45-requests a hearing to oppose a proposed transfer under this subsection does not 2
46-become a party to the case. A foster parent or out-of-home caregiver who requests a 3
47-nonemergency change in placement of the child shall provide the department with 4
48-reasonable advance notice of the requested change. When the department transfers a 5
49-child from one out-of-home placement to another, the department shall search as 6
50-provided under AS 47.10.145 for an appropriate placement with an adult family 7
51-member or a family friend who meets the foster care licensing requirements 8
52-established by the department. A supervisor at the department shall certify in writing 9
53-in the case file whether the department has searched for an appropriate placement with 10
54-an adult family member or family friend. If the department has not complied with the 11
55-search requirements under this subsection, the supervisor shall work to ensure that the 12
56-department completes the search in the shortest time feasible. 13
45+foster parent who requests a hearing to oppose a proposed transfer under this 1
46+subsection does not become a party to the case. A foster parent or out-of-home 2
47+caregiver who requests a nonemergency change in placement of the child shall provide 3
48+the department with reasonable advance notice of the requested change. When the 4
49+department transfers a child from one out-of-home placement to another, the 5
50+department shall search as provided under AS 47.10.145 for an appropriate 6
51+placement with an adult family member or a family friend who meets the foster care 7
52+licensing requirements established by the department. A supervisor at the department 8
53+shall certify in writing in the case file whether the department has searched for an 9
54+appropriate placement with an adult family member or family friend. If the department 10
55+has not complied with the search requirements under this subsection, the supervisor 11
56+shall work to ensure that the department completes the search in the shortest time 12
57+feasible. 13
5758 * Sec. 2. AS 47.10.084(d) is amended to read: 14
5859 (d) When the child is placed in foster care, the foster parent has the right and 15
5960 responsibility to use a reasonable and prudent parent standard to make decisions 16
6061 relating to the child. The foster parent may make decisions under (a) or (b) of this 17
6162 section that include decisions relating to the child's participation in age-appropriate or 18
6263 developmentally appropriate activities, including travel, sports, field trips, overnight 19
6364 activities, and extracurricular, enrichment, cultural, and social activities. A health 20
6465 care provider subject to the provisions of the Health Insurance Portability and 21
6566 Accountability Act of 1996 (P.L. 104-191) who provides services to a child in 22
6667 foster care shall provide the medical records of the child to the child's foster 23
6768 parent upon the request of the foster parent. The department shall provide foster 24
6869 parents with training regarding the reasonable and prudent parent standard. In this 25
6970 subsection, "reasonable and prudent parent standard" means a standard characterized 26
7071 by careful and sensible decisions to maintain the health, safety, and best interests of 27
7172 the child while encouraging the emotional and developmental growth of the child. 28
7273 * Sec. 3. AS 47.10.088(i) is amended to read: 29
7374 (i) The department shall concurrently identify, recruit, process, and approve a 30
74-qualified person or family for an adoption whenever a petition to terminate a parent's 31 34-LS0397\G
75-SB0088B -3- CSSB 88(HSS)
75+qualified person or family for an adoption whenever a petition to terminate a parent's 31 34-LS0397\A
76+SB0088A -3- SB 88
7677 New Text Underlined [DELETED TEXT BRACKETED]
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7879 rights to a child is filed. Before identifying a placement of the child in an adoptive 1
7980 home, the department shall [ATTEMPT TO] locate any [ALL] living adult family 2
8081 members of the child through a diligent search for adult family members as 3
8182 described in AS 47.10.145 and, if an adult family member expresses an interest in 4
8283 adopting the child, investigate the adult family member's ability to care for the child. 5
8384 The department shall provide to all adult family members of the child located by the 6
8485 department written notice of the adult family members' rights under this chapter and of 7
8586 the procedures necessary to gain custody of the child, but the department's obligation 8
8687 to provide written notice under this subsection does not apply to a parent of the child 9
8788 whose parental rights are being or have been terminated or to an adult family member 10
8889 who is known by the department to be ineligible for a foster care license under 11
89-AS 47.32 and regulations adopted under AS 47.32. If an adult family member of a 12
90-[THE] child six years of age or older requests that the department approve the adult 13
91-family member for an adoption, the department shall approve the request unless there 14
92-is good cause not to approve the adoption. If an adult family member of a child 15
93-under six years of age requests that the department approve the adult family 16
94-member for an adoption, the department shall approve the request unless the 17
95-child has resided with a foster family seeking adoption for at least 24 months and 18
96-there is clear and convincing evidence that continued placement with the foster 19
97-family is in the best interests of the child. If the court issues an order to terminate 20
98-under (j) of this section, the department shall report within 30 days on the efforts being 21
99-made to recruit a permanent placement for the child if a permanent placement was not 22
100-approved at the time of the trial under (j) of this section. The report must document 23
101-recruitment efforts made for the child. 24
102- * Sec. 4. AS 47.10.142(i) is amended to read: 25
103-(i) When the department takes emergency custody of a child under this section 26
104-or a court orders a child committed to the department for temporary placement under 27
105-this section, the department shall, to the extent feasible and consistent with the best 28
106-interests of the child, place the child according to the criteria specified under 29
107-AS 47.14.100(e). A supervisor at the department shall certify in writing in the case file 30
108-whether the department has conducted a diligent search as described in 31 34-LS0397\G
109-CSSB 88(HSS) -4- SB0088B
90+AS 47.32 and regulations adopted under AS 47.32. If an adult family member of the 12
91+child requests that the department approve the adult family member for an adoption, 13
92+the department shall approve the request if it is in the best interests of the child. In 14
93+determining the best interests of the child under this subsection, the department 15
94+shall consider the child's physical and psychological well-being. In determining 16
95+the best interests of a child under six years of age, the department shall consider 17
96+whether the child has resided for at least 12 consecutive months with a foster 18
97+family seeking adoption and whether an adult family member seeking adoption 19
98+has previously demonstrated an intent or desire to be considered for placement 20
99+for the child [UNLESS THERE IS GOOD CAUSE NOT TO APPROVE THE 21
100+ADOPTION]. If the court issues an order to terminate under (j) of this section, the 22
101+department shall report within 30 days on the efforts being made to recruit a 23
102+permanent placement for the child if a permanent placement was not approved at the 24
103+time of the trial under (j) of this section. The report must document recruitment efforts 25
104+made for the child. 26
105+ * Sec. 4. AS 47.10.142(i) is amended to read: 27
106+(i) When the department takes emergency custody of a child under this section 28
107+or a court orders a child committed to the department for temporary placement under 29
108+this section, the department shall, to the extent feasible and consistent with the best 30
109+interests of the child, place the child according to the criteria specified under 31 34-LS0397\A
110+SB 88 -4- SB0088A
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112-AS 47.10.145 [SEARCHED] for an appropriate placement with an adult family 1
113-member or family friend. If the department has not complied with the search 2
114-requirements under this subsection, the supervisor shall work to ensure that the 3
115-department completes the search in the shortest time feasible if it is consistent with the 4
116-best interests of the child. 5
117- * Sec. 5. AS 47.10 is amended by adding a new section to read: 6
118-Sec. 47.10.145. Diligent search. (a) Within 30 days after removing a child 7
119-from a parent's home under AS 47.14.100(e), taking emergency custody of a child, 8
120-receiving a court order committing a child to the department for temporary placement 9
121-under AS 47.10.142, or transferring a child from one placement setting to another 10
122-under AS 47.10.080(s), the department shall conduct a diligent search for an adult 11
123-family member or family friend of the child suitable for placement. In conducting the 12
124-diligent search, the department shall 13
125-(1) interview 14
126-(A) the child's parent during the course of an investigation 15
127-while department services are provided and the child is in the care of the 16
128-department; 17
129-(B) the child; 18
130-(C) relatives of the child identified during the case; and 19
131-(D) any other person who is likely to have information about 20
132-the identity or location of adult family members or family friends; 21
133-(2) conduct comprehensive searches of databases and other resources 22
134-available to the department likely to identify and locate adult family members or 23
135-family friends; and 24
136-(3) conduct any other reasonable investigation that is likely to identify 25
137-adult family members or family friends who are appropriate for placement. 26
138-(b) The department shall provide all adult family members of the child 27
139-identified in the diligent search, subject to exceptions for family with domestic 28
140-violence or other safety concerns as determined by the department, a notice 29
141-(1) stating the child has been or is being removed from parental 30
142-custody; 31 34-LS0397\G
143-SB0088B -5- CSSB 88(HSS)
113+AS 47.14.100(e). A supervisor at the department shall certify in writing in the case file 1
114+whether the department has conducted a diligent search as described in 2
115+AS 47.10.145 [SEARCHED] for an appropriate placement with an adult family 3
116+member or family friend. If the department has not complied with the search 4
117+requirements under this subsection, the supervisor shall work to ensure that the 5
118+department completes the search in the shortest time feasible if it is consistent with the 6
119+best interests of the child. 7
120+ * Sec. 5. AS 47.10 is amended by adding a new section to read: 8
121+Sec. 47.10.145. Diligent search. (a) Within 30 days after removing a child 9
122+from a parent's home under AS 47.14.100(e), taking emergency custody of a child, 10
123+receiving a court order committing a child to the department for temporary placement 11
124+under AS 47.10.142, or transferring a child from one placement setting to another 12
125+under AS 47.10.080(s), the department shall conduct a diligent search for an adult 13
126+family member or family friend of the child suitable for placement. In conducting the 14
127+diligent search, the department shall 15
128+(1) interview 16
129+(A) the child's parent during the course of an investigation 17
130+while department services are provided and the child is in the care of the 18
131+department; 19
132+(B) the child; 20
133+(C) relatives of the child identified during the case; and 21
134+(D) any other person who is likely to have information about 22
135+the identity or location of adult family members or family friends; 23
136+(2) conduct comprehensive searches of databases and other resources 24
137+available to the department likely to identify and locate adult family members or 25
138+family friends; and 26
139+(3) conduct any other reasonable investigation that is likely to identify 27
140+adult family members or family friends who are appropriate for placement. 28
141+(b) The department shall provide all adult family members of the child 29
142+identified in the diligent search, subject to exceptions for family with domestic 30
143+violence or other safety concerns as determined by the department, a notice 31 34-LS0397\A
144+SB0088A -5- SB 88
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145146
146-(2) explaining the options that the family member has to participate in 1
147-the care and placement of the child and the results of failing to respond to the notice; 2
148-(3) describing the process for becoming a licensed foster home and the 3
149-additional services and supports available for children placed in approved foster 4
150-homes; and 5
151-(4) describing any financial assistance for which a family member may 6
152-be eligible upon obtaining custody of the child. 7
153-(c) The department shall report to the court in writing regarding the actions 8
154-taken by the department under (a)(1) - (3) of this section at any scheduled disposition, 9
155-case review, or permanency hearing or as otherwise required by the court. 10
156-(d) The department shall continue to diligently search for adult family 11
157-members or family friends suitable for placement of the child until the court orders 12
158-that the department is excused from conducting a diligent search or the department 13
159-finalizes the permanent placement of the child. The court may excuse the department 14
160-from considering an adult family member for placement of a child if the adult family 15
161-member does not demonstrate an interest in and willingness to be considered for 16
162-placement of the child within 90 days from the date of receiving the required notice 17
163-under (b) of this section. 18
164- * Sec. 6. AS 47.14.100(e) is amended to read: 19
165-(e) When a child is removed from a parent's home, the department shall search 20
166-for an appropriate placement as provided under AS 47.10.145 [WITH AN ADULT 21
167-FAMILY MEMBER OR FAMILY FRIEND. A SUPERVISOR AT THE 22
168-DEPARTMENT SHALL CERTIFY IN WRITING IN THE CASE FILE WHETHER 23
169-THE DEPARTMENT HAS SEARCHED FOR AN APPROPRIATE PLACEMENT 24
170-WITH AN ADULT FAMILY MEMBER OR FAMILY FRIEND]. If the departmen t 25
171-has not complied with the search requirements [UNDER THIS SUBSECTION], the 26
172-supervisor shall work to ensure that the department completes the search in the 27
173-shortest time feasible. The department shall place the child, in the absence of clear and 28
174-convincing evidence of good cause to the contrary, 29
175-(1) in the least restrictive setting that most closely approximates a 30
176-family and that meets the child's special needs, if any; 31 34-LS0397\G
177-CSSB 88(HSS) -6- SB0088B
147+(1) stating the child has been or is being removed from parental 1
148+custody; 2
149+(2) explaining the options that the family member has to participate in 3
150+the care and placement of the child and the results of failing to respond to the notice; 4
151+(3) describing the process for becoming a licensed foster home and the 5
152+additional services and supports available for children placed in approved foster 6
153+homes; and 7
154+(4) describing any financial assistance for which a family member may 8
155+be eligible upon obtaining custody of the child. 9
156+(c) The department shall report to the court in writing regarding the actions 10
157+taken by the department under (a)(1) - (3) of this section at any scheduled disposition, 11
158+case review, or permanency hearing or as otherwise required by the court. 12
159+(d) The department shall continue to diligently search for adult family 13
160+members or family friends suitable for placement of the child until the court orders 14
161+that the department is excused from conducting a diligent search or the department 15
162+finalizes the permanent placement of the child. The court may excuse the department 16
163+from considering an adult family member for placement of a child if the adult family 17
164+member does not demonstrate an interest in and willingness to be considered for 18
165+placement of the child within 90 days from the date of receiving the required notice 19
166+under (b) of this section. 20
167+ * Sec. 6. AS 47.14.100(e) is amended to read: 21
168+(e) When a child is removed from a parent's home, the department shall search 22
169+for an appropriate placement as provided under AS 47.10.145 [WITH AN ADULT 23
170+FAMILY MEMBER OR FAMILY FRIEND. A SUPERVISOR AT THE 24
171+DEPARTMENT SHALL CERTIFY IN WRITING IN THE CASE FILE WHETHER 25
172+THE DEPARTMENT HAS SEARCHED FOR AN APPROPRIATE PLACEMENT 26
173+WITH AN ADULT FAMILY MEMBER OR FAMILY FRIEND]. If the departmen t 27
174+has not complied with the search requirements [UNDER THIS SUBSECTION], the 28
175+supervisor shall work to ensure that the department completes the search in the 29
176+shortest time feasible. The department shall place the child, in the absence of clear and 30
177+convincing evidence of good cause to the contrary, 31 34-LS0397\A
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180-(2) within reasonable proximity to the child's home, taking into 1
181-account any special needs of the child and the preferences of the child or parent; 2
182-(3) with, in the following order of preference, 3
183-(A) an adult family member, or, if the child is under six years 4
184-of age and the department finds by clear and convincing evidence that it is 5
185-in the best interests of the child, a licensed foster home that has provided 6
186-at least 24 consecutive months of care to the child; 7
187-(B) a family friend who meets the foster care licensing 8
188-requirements established by the department; 9
189-(C) a licensed foster home that is not an adult family member 10
190-or family friend; 11
191-(D) an institution for children that has a program suitable to 12
192-meet the child's needs. 13
193- * Sec. 7. AS 47.14.100(m) is amended to read: 14
194-(m) Prima facie evidence of good cause not to place a child with an adult 15
195-family member or family friend under AS 47.10.088(i) or under (e) of this section 16
196-includes the failure to meet the requirements for a foster care license under AS 47.32 17
197-and regulations adopted under AS 47.32, taking into account a waiver, variance, or 18
198-exemption allowed under AS 47.32.030(a)(3) and 47.32.032. Prima facie evidence of 19
199-good cause not to place a child, or that it is not in the best interests of a child to 20
200-place the child, with an adult family member or adult family friend does not include 21
201-poverty or inadequate or crowded housing. If the department denies a request for 22
202-placement with an adult family member or a family friend, the department shall 23
203-inform the adult family member or family friend of the basis for the denial and the 24
204-right to request a hearing to review the decision. A non-party [ADULT FAMILY 25
205-MEMBER OR FAMILY FRIEND] requesting a review hearing under 26
206-AS 47.10.080(s), 47.10.088(i), [AS 47.10.088(i)] or [UNDER] (e) of this section is not 27
207-eligible for publicly appointed legal counsel. 28
208- * Sec. 8. AS 47.32.032 is amended by adding new subsections to read: 29
209-(d) The department shall assist an adult family member or family friend in 30
210-gathering the information necessary to submit a request for a variance under this 31 34-LS0397\G
211-SB0088B -7- CSSB 88(HSS)
181+(1) in the least restrictive setting that most closely approximates a 1
182+family and that meets the child's special needs, if any; 2
183+(2) within reasonable proximity to the child's home, taking into 3
184+account any special needs of the child and the preferences of the child or parent; 4
185+(3) with, in the following order of preference, 5
186+(A) an adult family member, or, if the child is under six years 6
187+of age and it is in the best interests of the child, a licensed foster home that 7
188+has provided at least 12 consecutive months of care to the child; 8
189+(B) a family friend who meets the foster care licensing 9
190+requirements established by the department; 10
191+(C) a licensed foster home that is not an adult family member 11
192+or family friend; 12
193+(D) an institution for children that has a program suitable to 13
194+meet the child's needs. 14
195+ * Sec. 7. AS 47.14.100(m) is amended to read: 15
196+(m) Prima facie evidence of good cause not to place a child with an adult 16
197+family member or family friend under AS 47.10.088(i) or under (e) of this section 17
198+includes the failure to meet the requirements for a foster care license under AS 47.32 18
199+and regulations adopted under AS 47.32, taking into account a waiver, variance, or 19
200+exemption allowed under AS 47.32.030(a)(3) and 47.32.032. Prima facie evidence of 20
201+good cause not to place a child, or that it is not in the best interests of a child to 21
202+place the child, with an adult family member or adult family friend does not include 22
203+poverty or inadequate or crowded housing. If the department denies a request for 23
204+placement with an adult family member or a family friend, the department shall 24
205+inform the adult family member or family friend of the basis for the denial and the 25
206+right to request a hearing to review the decision. A non-party [ADULT FAMILY 26
207+MEMBER OR FAMILY FRIEND] requesting a review hearing under 27
208+AS 47.10.080(s), 47.10.088(i), [AS 47.10.088(i)] or [UNDER] (e) of this section is not 28
209+eligible for publicly appointed legal counsel. 29
210+ * Sec. 8. AS 47.32.032 is amended by adding new subsections to read: 30
211+(d) The department shall assist an adult family member or family friend in 31 34-LS0397\A
212+SB0088A -7- SB 88
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214-section. 1
215-(e) In this section, "department" means the Department of Family and 2
216-Community Services. 3
217- * Sec. 9. This Act takes effect January 1, 2026. 4
215+gathering the information necessary to submit a request for a variance under this 1
216+section. 2
217+(e) In this section, "department" means the Department of Family and 3
218+Community Services. 4
219+ * Sec. 9. This Act takes effect January 1, 2026. 5