CSHB 126(HSS): "An Act relating to residential shelters for runaway minors; relating to extensions of state custody of children; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 126(HSS) 01 "An Act relating to residential shelters for runaway minors; relating to extensions of 02 state custody of children; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 47.10.080(c) is amended to read: 05 (c) If the court finds that the child is a child in need of aid, the court shall 06 (1) order the child committed to the department for placement in an 07 appropriate setting for a period of time not to exceed two years or in any event not to 08 extend past the date the child becomes 19 years of age, except that the department, the 09 child, or the child's guardian ad litem may petition for and the court may grant in a 10 hearing 11 (A) two-year extensions of commitment that do not extend 12 beyond the person's 21st birthday if the continued custody is in the best 13 interests of the person and the person consents to it [ONE-YEAR 14 EXTENSIONS OF COMMITMENT THAT DO NOT EXTEND BEYOND
01 THE CHILD'S 19TH BIRTHDAY IF THE EXTENSION IS IN THE BEST 02 INTERESTS OF THE CHILD]; and 03 (B) an additional [ONE-YEAR] period of state custody past 19 04 years of age or, if the person is emancipated, past the date of emancipation, 05 that does not extend beyond the person's 21st birthday, if the resumption 06 of [CONTINUED] state custody is in the best interests of the person and the 07 person 08 (i) consents to it; 09 (ii) was placed in out-of-home care by the 10 department immediately before being released from state custody, 11 if the person was released for a reason other than court-ordered 12 reunification with the person's parent; in this sub-subparagraph, 13 "parent" means a biological or adoptive parent or a legal guardian 14 of the person; 15 (iii) is in need of out-of-home care to avoid personal 16 harm or homelessness, or to enhance the person's ability to 17 continue the person's education or training or otherwise improve 18 the person's successful transition to independent living; and 19 (iv) if requested by the department, agrees to 20 reasonable terms for resuming state custody that may include 21 matters relating to the person's education, attainment of a job or 22 life skills, or other terms found by the court to be reasonable and in 23 the person's best interest; 24 (2) order the child released to a parent, adult family member, or 25 guardian of the child or to another suitable person, and, in appropriate cases, order the 26 parent, adult family member, guardian, or other person to provide medical or other 27 care and treatment; if the court releases the child, it shall direct the department to 28 supervise the care and treatment given to the child, but the court may dispense with 29 the department's supervision if the court finds that the adult to whom the child is 30 released will adequately care for the child without supervision; the department's 31 supervision may not exceed two years or in any event extend past the date the child
01 reaches 19 years of age, except that the department or the child's guardian ad litem 02 may petition for and the court may grant in a hearing 03 (A) one-year extensions of supervision that do not extend 04 beyond the child's 19th birthday if the extensions are in the best interests of the 05 child; and 06 (B) an additional one-year period of supervision past 19 years 07 of age if the continued supervision is in the best interests of the person and the 08 person consents to it; or 09 (3) order, under the grounds specified in (o) of this section or 10 AS 47.10.088, the termination of parental rights and responsibilities of one or both 11 parents and commit the child to the custody of the department, and the department 12 shall report quarterly to the court on efforts being made to find a permanent placement 13 for the child. 14 * Sec. 2. AS 47.10.310 is amended by adding a new subsection to read: 15 (e) A program for runaway minors that operates a licensed residential shelter 16 in the state shall provide a shelter with a capacity designated in the license issued 17 under AS 47.10.300 - 47.10.390. 18 * Sec. 3. AS 47.10.990(3) is amended to read: 19 (3) "child" means a person who is 20 (A) under 18 years of age; 21 (B) [AND A PERSON] 19 years of age if that person was 22 under 18 years of age at the time that a proceeding under this chapter was 23 commenced; and 24 (C) under 21 years of age if that person is living in out-of- 25 home care as defined in AS 47.14.400; 26 * Sec. 4. This Act takes effect January 1, 2011.