Enrolled HB 126: Relating to extensions and resumptions of state custody of children; and providing for an effective date.
00Enrolled HB 126 01 Relating to extensions and resumptions of state custody of children; and providing for an 02 effective date. 03 _______________ 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) one-year extensions of commitment that do not extend 12 beyond the child's 19th birthday if the extension is in the best interests of the 13 child; and 14 (B) [AN] additional one-year extensions of commitment
01 [PERIOD OF STATE CUSTODY] past 19 years of age that do not extend 02 beyond the person's 21st birthday if the continued state custody is in the best 03 interests of the person and the person consents to it; 04 (2) order the child released to a parent, adult family member, or 05 guardian of the child or to another suitable person, and, in appropriate cases, order the 06 parent, adult family member, guardian, or other person to provide medical or other 07 care and treatment; if the court releases the child, it shall direct the department to 08 supervise the care and treatment given to the child, but the court may dispense with 09 the department's supervision if the court finds that the adult to whom the child is 10 released will adequately care for the child without supervision; the department's 11 supervision may not exceed two years or in any event extend past the date the child 12 reaches 19 years of age, except that the department or the child's guardian ad litem 13 may petition for and the court may grant in a hearing 14 (A) one-year extensions of supervision that do not extend 15 beyond the child's 19th birthday if the extensions are in the best interests of the 16 child; and 17 (B) an additional one-year period of supervision past 19 years 18 of age if the continued supervision is in the best interests of the person and the 19 person consents to it; or 20 (3) order, under the grounds specified in (o) of this section or 21 AS 47.10.088, the termination of parental rights and responsibilities of one or both 22 parents and commit the child to the custody of the department, and the department 23 shall report quarterly to the court on efforts being made to find a permanent placement 24 for the child. 25 * Sec. 2. AS 47.10.080 is amended by adding a new subsection to read: 26 (v) In addition to the extensions of state custody ordered by a court under 27 (c)(1)(A) or (B) of this section, a court may grant in a hearing a resumption of state 28 custody that does not extend beyond a person's 21st birthday if the person 29 (1) consents to it; 30 (2) was placed in out-of-home care by the department immediately 31 before being released from state custody and the person was released to the person's
01 own custody; 02 (3) is in need of out-of-home care to avoid personal harm or 03 homelessness, or to enhance the person's ability to continue the person's education or 04 training or otherwise improve the person's successful transition to independent living; 05 and 06 (4) if requested by the department, agrees to reasonable terms for 07 resuming state custody that may include matters relating to the person's education, 08 attainment of a job or life skills, or other terms found by the court to be reasonable and 09 in the person's best interest. 10 * Sec. 3. AS 47.10.990(3) is amended to read: 11 (3) "child" means a person who is 12 (A) under 18 years of age; 13 (B) [AND A PERSON] 19 years of age if that person was 14 under 18 years of age at the time that a proceeding under this chapter was 15 commenced; and 16 (C) under 21 years of age if that person is committed to the 17 custody of the department under AS 47.10.080(c)(1) or (v); 18 * Sec. 4. This Act takes effect January 1, 2011.