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2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 12. Delinquent Minors › Article 1. Juvenile Delinquency. › Sec. 47.12.200. Arrest of a minor.

The arrest of a minor other than for a traffic offense is not considered an arrest for any purpose except for the purpose of the disposition of a proceeding arising out of that arrest.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 12. Delinquent Minors › Article 1. Juvenile Delinquency. › Sec. 47.12.210. Fingerprinting of minors.

(a) A peace officer may fingerprint a minor under the same circumstances as an adult may be fingerprinted.
(b) Except as provided by AS 47.12.310(b)(1), fingerprint records taken under this section are not subject to AS 47.12.310.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 12. Delinquent Minors › Article 1. Juvenile Delinquency. › Sec. 47.12.220. Appointment of guardian or custodian.

When, in the course of a proceeding under this chapter, it appears to the court that the welfare of a minor will be promoted by the appointment of a guardian or custodian of the minor's person or property, the court may make the appointment. The court shall have a summons issued and served upon the parents of the minor, if they can be found, in a manner and within a time before the hearing that the court considers reasonable. The court may determine whether the father, mother, or the department shall have the custody and control of the minor. If the minor is of sufficient age and intelligence to state desires, the court shall consider them. The court may order either or both parents to pay support for the minor's care to the guardian, custodian, or department.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 12. Delinquent Minors › Article 1. Juvenile Delinquency. › Sec. 47.12.230. Support of minor.

(a) When a delinquent minor is committed under this chapter, the court or the child support services agency created in AS 25.27.010 shall, after giving the parent a reasonable opportunity to be heard, require that the parent pay to the department in a manner that the court or the child support services agency directs a sum to cover in full or in part the maintenance and care of the minor. The support obligation shall be calculated under Rule 90.3(i) of the Alaska Rules of Civil Procedure.
(b) If a parent wilfully fails or refuses to pay the sum fixed, the parent may be proceeded against as provided by law in cases of family desertion and nonsupport.
(c) The sum collected from a parent under this section shall be directly credited to the general fund of the state.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 12. Delinquent Minors › Article 1. Juvenile Delinquency. › Sec. 47.12.245. Arrest.

(a) A peace officer may
(1) arrest a minor
(A) for the commission of an act that subjects the minor to the provisions of this chapter under the same circumstances and in the same manner as would apply to the arrest of an adult for violation of a criminal law of the state or a municipality of the state;
(B) if the peace officer reasonably believes the minor is a fugitive from justice;
(C) if the peace officer has probable cause to believe that the minor has violated a condition of the minor's release or probation; or
(D) if the peace officer reasonably believes that the minor has been adjudicated a delinquent and has escaped from an institution or absconded from probation, parole, or the jurisdiction of a court;
(2) continue the lawful arrest of a minor that is made by a citizen.
(b) A juvenile probation officer may arrest a minor if the juvenile probation officer has probable cause to believe that the minor has violated the minor's conditions of conduct or probation.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 12. Delinquent Minors › Article 1. Juvenile Delinquency. › Sec. 47.12.255. Placement in secure residential psychiatric treatment centers.

(a) The court may authorize the department to place a minor who is in the custody of the department under AS 47.12.120(b)(1) or (3) or 47.12.140 in a secure residential psychiatric treatment center if the court finds, based on the testimony of a mental health professional, that
(1) the minor is gravely disabled or is suffering from mental illness and, as a result, is likely to cause serious harm to the minor or to another person;
(2) there is no reasonably available, appropriate, and less restrictive alternative for the minor's treatment or that less restrictive alternatives have been tried and have failed; and
(3) there is reason to believe that the minor's mental condition could be improved by the course of treatment or would deteriorate if untreated.
(b) A court shall review a placement made under this section at least once every 90 days. The court may authorize the department to continue the placement of the minor in a secure residential psychiatric treatment center if the court finds, based on the testimony of a mental health professional, that the conditions or symptoms that resulted in the initial order have not ameliorated to such an extent that the minor's needs can be met in a less restrictive setting and that the minor's mental condition could be improved by the course of treatment or would deteriorate if untreated.
(c) The department shall transfer a minor from a secure residential psychiatric treatment center to another appropriate placement if the mental health professional responsible for the minor's treatment determines that the minor would no longer benefit from the course of treatment or that the minor's treatment needs could be met in a less restrictive setting. The department shall notify the minor, the minor's parents or guardian, and the minor's guardian ad litem of a determination and transfer made under this subsection.
(d) In this section, “likely to cause serious harm” has the meaning given in AS 47.30.915.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 12. Delinquent Minors › Article 1. Juvenile Delinquency. › Sec. 47.12.260. Releasing minors after commitment.

A minor found to be a juvenile delinquent who by conduct gives sufficient evidence of having reformed may be released at any time under the conditions and regulations that the department considers proper, if it appears to the satisfaction of the department that there is a reasonable probability that the minor will remain at liberty without violating the law.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 12. Delinquent Minors › Article 1. Juvenile Delinquency. › Sec. 47.12.270. Juvenile probation officers.

(a) The department shall employ juvenile probation officers. A juvenile probation officer shall exercise the duties of a probation officer and shall prepare preliminary investigations and assist and advise the court in the furtherance of the welfare and control of a minor under the court's jurisdiction. A juvenile probation officer shall also carry out other duties in the care and treatment of minors that are consistent with the intent of this chapter.
(b) A juvenile probation officer has the powers of a peace officer with respect to the service of process and arresting a minor when
(1) a court has issued an arrest warrant;
(2) there is probable cause to believe the minor has violated conditions of conduct or probation; or
(3) probable cause exists for believing that the minor has escaped from or unlawfully evaded a placement made under AS 47.12.120(b)(1).
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 12. Delinquent Minors › Article 2. Information And Records. › Sec. 47.12.315. Public disclosure of information in department records relating to certain minors.

(a) Notwithstanding AS 47.12.310 and except as otherwise provided in this section, the department shall disclose information to the public, on request, concerning a minor subject to this chapter who was at least 13 years of age at the time of commission of
(1) a felony offense against a person under AS 11.41;
(2) arson in the first or second degree;
(3) burglary in the first degree;
(4) distribution of child pornography;
(5) sex trafficking in the first degree;
(6) misconduct involving a controlled substance in the first, second, or third degrees involving distribution or possession with intent to deliver; or
(7) misconduct involving weapons in the first through fourth degrees.
(b) The department may disclose the information authorized in (a) of this section only if a court has adjudicated the minor as delinquent.
(c) When required by this section to disclose information, the department may disclose only the name of the minor, the name of each legal parent or guardian, the specific offense for which the minor was adjudicated delinquent, and the final outcome of the court proceedings relating to the offense. Before the disclosure, the department shall delete the information that identifies the victim of the offense.
(d) The department may not disclose the name of an out-of-home care provider with whom the minor was living at the time the minor was alleged to have committed the offense.
(e) If the department or other state or municipal agency maintains the information to be disclosed by electronic means that can be recovered from a computer database, the department or agency may disclose the information in that medium.
(f) The department may not release information under this section after five years from the date the department or other agency is first required or authorized to make the disclosure under this section.
(g) When disclosure is required under this section, the department may petition the court for an order prohibiting the disclosure. The court may grant the petition if, based on information presented in the petition or at an in camera hearing held on the petition, the court finds that
(1) the crime was an isolated incident and the minor does not present any further danger to the public; or
(2) the victim agrees that disclosure is inappropriate.
(h) In this section, unless the context otherwise requires, “out-of-home care provider” means a person, other than the child's legal parents, with whom a child who is in the custody of the state under AS 47.10, AS 47.12, or AS 47.14 is currently placed, including a foster parent, a relative other than a parent, and a person who has petitioned for adoption or guardianship of the child.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 12. Delinquent Minors › Article 2. Information And Records. › Sec. 47.12.320. Disclosure of information to public officials.

(a) Notwithstanding AS 47.12.300 and 47.12.310,
(1) a parent or legal guardian of a minor subject to a proceeding under this chapter may disclose confidential or privileged information about the minor, including information that has been lawfully obtained from agency or court files, to the governor, the lieutenant governor, a legislator, the ombudsman appointed under AS 24.55, the attorney general, and the commissioners of family and community services, administration, or public safety, or an employee of these persons, for review or use in their official capacities;
(2) the department may disclose confidential or privileged information about the minor and make available for inspection documents about the minor to the state officials or employees identified in (1) of this subsection for review or use in their official capacities; and
(3) a person to whom disclosure is made under (1) or (2) of this subsection may not disclose confidential or privileged information about the minor to a person not authorized to receive it.
(b) The disclosure right under (a)(1) of this section is in addition to, and not in derogation of, the rights of a parent or legal guardian of a minor.
(c) A person who violates a provision of this section is guilty of a misdemeanor and upon conviction is punishable for the violation in the manner authorized under AS 12.55 for a class B misdemeanor.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 12. Delinquent Minors › Article 3. Youth Courts. › Sec. 47.12.410. Funding for youth courts.

The legislature may appropriate 25 percent of the fines imposed under AS 12.55.035 and collected and separately accounted for by the state under AS 37.05.142 to the department for distribution to youth courts established and operating under AS 47.12.400. Nothing in this section creates a dedicated fund.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 12. Delinquent Minors › Article 5. General Provisions. › Sec. 47.12.988. Implementation of provisions by an entity selected by department.

In this chapter, when authority exercised by the department may also be exercised by an entity selected by the department, the entity that the department may select in order to exercise authority is limited to
(1) a municipality;
(2) a corporation; or
(3) two or more persons recognized by the community and operating under contract or license from the department.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 12. Delinquent Minors › Article 5. General Provisions. › Sec. 47.12.990. Definitions.

In this chapter, unless the context otherwise requires,
(1) “commissioner” means the commissioner of family and community services;
(2) “court” means the superior court of the state;
(3) “crime against a person” means an offense set out in AS 11.41;
(4) “delinquent minor” means a minor found to be within the jurisdiction of the court under AS 47.12.020;
(5) “department” means the Department of Family and Community Services;
(6) “gravely disabled” has the meaning given in AS 47.30.915;
(7) “juvenile detention facility” means a secure facility for the detention of delinquent minors in the custody of the department under AS 47.12.240 or 47.12.250;
(8) “juvenile probation officer” means an officer described in AS 47.12.270;
(9) “juvenile treatment facility” means a secure facility for treatment of minors adjudicated delinquent and committed by a court to the care and custody of the department under AS 47.12.120(b)(1);
(10) “mental health professional” has the meaning given in AS 47.30.915, except that, if the minor is placed in another state by the department, “mental health professional” also includes a professional listed in the definition of “mental health professional” in AS 47.30.915 who is not licensed to practice by a board of this state but is licensed by a corresponding licensing authority to practice in the state in which the minor is placed;
(11) “mental illness” has the meaning given in AS 47.30.915;
(12) “minor” means a person who is
(A) under 18 years of age at the time the person commits an offense; and
(B) subject to the jurisdiction of the court under this chapter;
(13) “peace officer” has the meaning given in AS 11.81.900;
(14) “residential child care facility” has the meaning given in AS 47.32.900;
(15) “secure residential psychiatric treatment center” has the meaning given “residential psychiatric treatment center” in AS 47.32.900;
(16) “temporary secure juvenile holding area” means separate quarters that are used for the temporary detention of delinquent minors pending a court order or transportation to a juvenile detention facility and that are not within sight or sound of any adult prisoners;
(17) “victim” has the meaning given in AS 12.55.185.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 14. Juvenile Programs and Institutions › Article 1. Juvenile Institutions. › Sec. 47.14.010. General powers of department over juvenile facilities and institutions.

The department may
(1) purchase, lease, or construct buildings or other facilities for the care, detention, rehabilitation, and education of children in need of aid or delinquent minors;
(2) adopt plans for construction of juvenile detention facilities, juvenile treatment facilities, and other juvenile institutions;
(3) adopt standards and regulations for the design, construction, repair, maintenance, and operation of all juvenile detention facilities, juvenile treatment facilities, and institutions;
(4) inspect periodically each juvenile detention facility, juvenile treatment facility, or other institution to ensure that the standards and regulations adopted are being maintained;
(5) reimburse municipalities maintaining and operating juvenile detention facilities;
(6) enter into contracts and arrangements with cities and state and federal agencies to carry out the purposes of AS 47.10, AS 47.12, and this chapter;
(7) do all acts necessary to carry out the purposes of AS 47.10, AS 47.12, and this chapter;
(8) adopt the regulations necessary to carry out AS 47.10, AS 47.12, and this chapter;
(9) accept donations, gifts, or bequests of money or other property for use in construction of juvenile institutions, detention facilities, or juvenile treatment facilities;
(10) operate juvenile detention facilities when municipalities are unable to do so;
(11) receive, care for, and place in a juvenile detention facility, the minor's own home, a foster home, a juvenile treatment facility, or treatment institution all minors committed to its custody under AS 47.10, AS 47.12, and this chapter.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 14. Juvenile Programs and Institutions › Article 1. Juvenile Institutions. › Sec. 47.14.020. Duties of department.

The department shall
(1) accept all minors committed to the custody of the department and all minors who are involved in a written agreement under AS 47.14.100(c), and provide for the welfare, control, care, custody, and placement of these minors in accordance with this chapter;
(2) require and collect statistics on juvenile offenses and offenders in the state;
(3) conduct studies and prepare findings and recommendations on the need, number, type, construction, maintenance, and operating costs of juvenile detention facilities, juvenile treatment facilities, and other institutions, and adopt and submit a plan for construction of the facilities and institutions when needed, together with a plan for financing the construction programs;
(4) examine, where possible, all facilities, institutions, and places of juvenile detention and treatment in the state and inquire into their methods and the management of juveniles in them.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 14. Juvenile Programs and Institutions › Article 1. Juvenile Institutions. › Sec. 47.14.025. Applicability; inclusions of certain persons as minors.

The provisions of AS 47.14.010 - 47.14.050 apply to a person who is 18 years of age or older and who is subject to the jurisdiction of AS 47.12 due solely to AS 47.12.020(b). To implement this section, the term “minor” as used in AS 47.14.010 - 47.14.050 includes a person described in this section.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 14. Juvenile Programs and Institutions › Article 1. Juvenile Institutions. › Sec. 47.14.030. Use of standardized form by facilities.

For the purpose of collecting statistics, the department shall establish and require state and local agencies that operate a jail or other detention facility to use a standardized form to keep a record and report the admission of a minor. The record shall be limited to the name of the minor admitted, the minor's date of birth, the specific offense for which the minor was admitted, the date and time admitted, the date and time released, the sex of the minor, the ethnic origin of the minor, and other information required by federal law. Except for the notation of the date and time of the minor's release, the record shall be prepared at the time of the minor's admission. Unless otherwise provided by law, information and records obtained under this section are confidential and are not public records. They may be disclosed only for the purpose of compiling statistics and in a manner that does not reveal the identity of the minor.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 14. Juvenile Programs and Institutions › Article 1. Juvenile Institutions. › Sec. 47.14.040. Authority to maintain and operate temporary secure juvenile holding area, juvenile detention facility, or juvenile treatment facility.

(a) A municipality or entity may maintain and operate a temporary secure juvenile holding area, and a municipality or a nonprofit corporation may maintain and operate a juvenile detention facility or juvenile treatment facility.
(b) The municipality or nonprofit corporation may receive grants-in-aid from the state for costs of operation of the temporary secure juvenile holding area or facility maintained and operated under (a) of this section.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 14. Juvenile Programs and Institutions › Article 1. Juvenile Institutions. › Sec. 47.14.050. Operation of homes and facilities.

(a) The department shall adopt standards and regulations for the operation of juvenile detention facilities and juvenile treatment facilities in the state.
(b) The department may enter into contracts with municipalities and other governmental agencies for the detention of juveniles before and after commitment by juvenile authorities. A contract may not be made for longer than one year.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 14. Juvenile Programs and Institutions › Article 2. Care of Children. › Sec. 47.14.110. Department inspections; reports by foster homes and institutions.

(a) A representative of the department shall visit, as often as is considered necessary, every foster home or institution in which a child is placed, and, if not satisfied as to the care given, may remove the child from the foster home or institution and place the child elsewhere.
(b) The person or institution receiving a child shall submit the reports the department requires as to the education, health, and welfare of the child and the conditions under which the child is living.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 14. Juvenile Programs and Institutions › Article 2. Care of Children. › Sec. 47.14.115. Training of foster parents.

(a) If the department has placed a child in a foster home, the department shall, no less often than once quarterly, make available training that will assist the foster parent or parents in providing care that will meet the needs of the child placed in the home and the requirements established by the department in regulation.
(b) If the department determines that it is in the best interests of a child in the custody of the department to place the child with an adult family member who does not have a foster care home license under AS 47.32, the department shall assist the adult family member in obtaining a license, including assisting the adult family member with obtaining any variances necessary to obtain the license, so that the family member is eligible for payments under AS 47.14.100(b) and (d).
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 14. Juvenile Programs and Institutions › Article 3. Citizen Review Panel. › Sec. 47.14.205. State Citizen Review Panel.

(a) There is established within the department a Citizen Review Panel. The panel shall be composed of volunteer members who are broadly representative of the state, including members who have expertise in the prevention and treatment of child abuse and neglect.
(b) The panel shall meet not less than once every three months. Meetings may take place telephonically.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 14. Juvenile Programs and Institutions › Article 3. Citizen Review Panel. › Sec. 47.14.215. Duties of the state panel.

(a) The state panel shall evaluate the extent to which the department is effectively discharging its child protection responsibilities under
(1) the state plan submitted to the United States Department of Health and Human Services under 42 U.S.C. 5106a(b);
(2) child protection standards under federal and state laws; and
(3) any other criteria that the panel considers important to ensuring the protection of children, including the level and efficiency of coordination of foster care and adoption programs in the state and a review of child fatalities and near fatalities.
(b) In carrying out the responsibilities under (a) of this section, the state panel shall examine the policies, procedures, and practices of the department, and, where appropriate, evaluate specific cases of child abuse or neglect.
(c) The commissioner shall, by regulation, establish policies and procedures necessary to carrying out the duties of the state panel under this section.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 14. Juvenile Programs and Institutions › Article 3. Citizen Review Panel. › Sec. 47.14.225. Cooperation with state panel.

(a) The department shall provide the panel access to information on child abuse or neglect cases that is necessary for the panel to carry out its duties under AS 47.14.215.
(b) The department shall serve as staff to the state panel as requested by the panel members.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 14. Juvenile Programs and Institutions › Article 3. Citizen Review Panel. › Sec. 47.14.235. Confidentiality.

(a) A person attending a meeting of the state panel or a member or staff of the state panel may not make any disclosure related to information obtained during a review by the state panel unless authorized under AS 47.10.092 or 47.10.093.
(b) Meetings of the state panel are subject to AS 44.62.310 - 44.62.319 (Open Meetings Act).
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 14. Juvenile Programs and Institutions › Article 3. Citizen Review Panel. › Sec. 47.14.255. Report.

(a) The state panel shall prepare and make available to the governor, the legislature, and the public an annual report containing a summary of the activities of the panel conducted under AS 47.14.205 - 47.14.295 and recommendations for the improvement of child protection services in the state.
(b) Not later than six months after the date on which the report is released under (a) of this section, the department shall submit a written response to the report. The department's response must include a description of whether and how the department will incorporate the recommendations of the panel, where appropriate.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 14. Juvenile Programs and Institutions › Article 3. Citizen Review Panel. › Sec. 47.14.275. Immunity.

A member of the state panel and a person who furnishes services to or advises the state panel is not liable for damages or other relief in an action involving the performance or failure to perform a duty or other activity of the state panel.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 14. Juvenile Programs and Institutions › Article 3. Citizen Review Panel. › Sec. 47.14.295. Definitions.

In AS 47.14.205 - 47.14.295,
(1) “near fatality” has the meaning given in AS 47.10.990;
(2) “state panel” means the Citizen Review Panel established under AS 47.14.205.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 14. Juvenile Programs and Institutions › Article 5. Alaska Higher Education Savings Program for Children. › Sec. 47.14.400. Education savings program.

(a) The department shall administer a program to encourage investment by a person or entity in the education of eligible children in the state. The program must include
(1) a central office, dedicated to faith-based and community services, for development and marketing of the program;
(2) a mechanism for the department to establish and maintain an education savings plan under AS 14.40.802 - 14.40.817 for an eligible child who is a beneficiary of the program;
(3) a process for identifying donors and eligible beneficiaries;
(4) a process for distributing nonidentifying information about an eligible beneficiary to a potential donor, including the age, sex, and general location of the beneficiary, unless the information readily leads to the identification of the eligible beneficiary;
(5) terms and conditions for participation in the program that are consistent with the education savings plan restrictions and with federal law pertaining to education savings accounts; and
(6) a procedure for monitoring success of the program, for record keeping, and for maintaining confidentiality of records as required by federal and state law.
(b) A person is eligible for participation in the education savings program for children as a beneficiary if the person was ordered committed to the custody of the department under AS 47.10.080(c) or AS 47.12.120(b)(1) or (3), was placed in out-of-home care for not less than two years, and is a resident of the state.
(c) The commissioner of family and community services or the commissioner's designee may name a new beneficiary to an existing education savings plan established under (a) of this section if the new designation is not prohibited under federal law or under the education savings plan and if the named beneficiary dies, fails to enroll in an eligible program before the beneficiary becomes 30 years of age, or fails to meet conditions established in regulations adopted by the commissioner of family and community services.
(d) Identifying information of a beneficiary contained in records related to the program is confidential.
(e) In this section,
(1) “beneficiary” has the meaning given in AS 14.40.802;
(2) “donor” means the person or entity who contributes to the education savings program for children for the purpose of establishing or contributing to an education savings plan established for a child under this section;
(3) “education savings plan” means an education savings program established under AS 14.40.802 - 14.40.817.
(4) “out-of-home care” means care at the residence or facility at which a child is placed by the state, and does not include care at the residence from which the child was removed.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 14. Juvenile Programs and Institutions › Article 6. General Provisions. › Sec. 47.14.990. Definitions.

In this chapter, unless the context otherwise requires,
(1) “care” or “caring” under AS 47.14.100(c) means to provide for the physical, emotional, mental, and social needs of the child;
(2) “child in need of aid” means a child found to be within the jurisdiction of the court under AS 47.10.010 and 47.10.011;
(3) “court” means the superior court of the state;
(4) “criminal justice information” has the meaning given in AS 12.62.900;
(5) “delinquent minor” means a minor found to be within the jurisdiction of the court under AS 47.12.020;
(6) “department” means the Department of Family and Community Services;
(7) “juvenile detention facility” has the meaning given in AS 47.12.990;
(8) “juvenile probation officer” has the meaning given in AS 47.12.990;
(9) “juvenile treatment facility” has the meaning given in AS 47.12.990;
(10) “minor” has the meaning given in AS 47.12.990;
(11) “temporary secure juvenile holding area” has the meaning given in AS 47.12.990;
(12) “treatment institution” means a hospital, clinic, institution, center, or other health care facility that has been designated by the department for the treatment of juveniles.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 15. Uniform Interstate Compact on Juveniles › Sec. 47.15.020. Juvenile compact administrator.

Under the compact established under AS 47.15.010, the commissioner of family and community services may designate an officer as the compact administrator. The compact administrator shall cooperate with all departments, agencies, and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact or of a supplementary agreement entered into by this state.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 15. Uniform Interstate Compact on Juveniles › Sec. 47.15.030. Supplementary agreements.

The compact administrator may make supplementary agreements with appropriate officials of other states pursuant to the compact. If a supplementary agreement requires or contemplates the use of an institution or facility of this state or requires or contemplates the provision of a service of this state, the supplementary agreement has no force or effect until approved by the head of the department or agency under whose jurisdiction the institution is operated, or whose department or agency is charged with performing the service.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 15. Uniform Interstate Compact on Juveniles › Sec. 47.15.070. Additional procedures not precluded.

In addition to the procedures provided under AS 47.15.010 for the return of a runaway juvenile, the states that are participants to the compact, the juvenile, the juvenile's parents or other legal custodian, or the courts of the participating states may agree upon and adopt any plan or procedure legally authorized under the laws of this state and the other respective party states for the return of the runaway juvenile.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 17. Child Protection › Sec. 47.17.010. Purpose.

To protect children whose health and well-being may be adversely affected through the infliction, by other than accidental means, of harm through physical injury or neglect, mental injury, sexual abuse, sexual exploitation, or maltreatment, the legislature requires the reporting of these cases by practitioners of the healing arts and others to the department. It is not the intent of the legislature that persons required to report suspected child abuse or neglect under this chapter investigate the suspected child abuse or neglect before they make the required report to the department. Reports must be made when there is a reasonable cause to suspect child abuse or neglect in order to make state investigative and social services available in a wider range of cases at an earlier point in time, to make sure that investigations regarding child abuse and neglect are conducted by trained investigators, and to avoid subjecting a child to duplicative interviews about the abuse or neglect. It is the intent of the legislature that, as a result of these reports, protective services will be made available in an effort to
(1) prevent further harm to the child;
(2) safeguard and enhance the general well-being of children in this state; and
(3) preserve family life unless that effort is likely to result in physical or emotional damage to the child.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 17. Child Protection › Sec. 47.17.022. Training.

(a) A person employed by the state or by a school district who is required under this chapter to report abuse or neglect of children shall receive training on the recognition and reporting of child abuse and neglect.
(b) Each department of the state and school district that employs persons required to report abuse or neglect of children shall provide
(1) initial training required by this section to each new employee within 45 days after the first day of employment, and to any existing employee who has not received equivalent training; and
(2) appropriate in-service training required by this section as determined by the department or school district.
(c) Each department and school district that must comply with (b) of this section shall develop a training curriculum that acquaints its employees with
(1) laws relating to child abuse and neglect;
(2) techniques for recognition and detection of child abuse and neglect;
(3) agencies and organizations within the state that offer aid or shelter to victims and the families of victims of child abuse or neglect;
(4) procedures for required notification of suspected abuse or neglect;
(5) the role of a person required to report child abuse or neglect and the employing agency after the report has been made; and
(6) a brief description of the manner in which cases of child abuse or neglect are investigated by the department and law enforcement agencies after a report of suspected abuse or neglect.
(d) Each department and school district that must comply with (b) of this section shall file a current copy of its training curriculum and materials with the Council on Domestic Violence and Sexual Assault. A department or school district may seek the technical assistance of the council or the Department of Family and Community Services in the development of its training program.
(e) Each school district that provides training under this section shall provide notice to public and private schools located in the school district of the availability of the training and invite volunteers who are required to report abuse or neglect of children under AS 47.17.020 to participate in the training at no cost to the volunteer.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 17. Child Protection › Sec. 47.17.023. Reports from certain persons regarding child pornography.

A person providing, either privately or commercially, film, photo, or visual or printed matter processing, production, or finishing services or computer installation, repair, or other services, or Internet or cellular telephone services who, in the process of providing those services, observes a film, photo, picture, computer file, image, or other matter and has reasonable cause to suspect that the film, photo, picture, computer file, image, or other matter visually depicts a child engaged in conduct described in AS 11.41.455(a) shall immediately report the observation to the nearest law enforcement agency and provide the law enforcement agency with all information known about the nature and origin of the film, photo, picture, computer file, image, or other matter.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 17. Child Protection › Sec. 47.17.024. Duties of practitioners of the healing arts.

(a) A practitioner of the healing arts involved in the delivery or care of an infant who the practitioner determines has been adversely affected by, or is withdrawing from exposure to, a controlled substance or alcohol shall immediately notify the nearest office of the department of the infant's condition.
(b) In this section,
(1) “controlled substance” has the meaning given in AS 11.71.900, but does not include a substance lawfully taken under a prescription from a health care provider who is authorized to prescribe the substance;
(2) “infant” means a child who is less than 12 months of age.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 17. Child Protection › Sec. 47.17.025. Duties of public authorities.

(a) A law enforcement agency shall immediately notify the department of the receipt of a report of harm to a child from abuse. Upon receipt from any source of a report of harm to a child from abuse, the department shall notify the Department of Law and investigate the report and, within 72 hours of the receipt of the report, shall provide a written report of its investigation of the harm to a child from abuse to the Department of Law for review.
(b) The report of harm to a child from abuse required from the department by this section must include:
(1) the names and addresses of the child and the child's parent or other persons responsible for the child's care, if known;
(2) the age and sex of the child;
(3) the nature and extent of the harm to the child from abuse;
(4) the name and age and address of the person known or believed to be responsible for the harm to the child from abuse, if known;
(5) information that the department believes may be helpful in establishing the identity of the person believed to have caused the harm to the child from abuse.
(c) Within 20 days after receiving a report of harm, whether or not the matter is referred to a local government agency, the department shall notify the person who made the report and who made a request to be notified about the status of the investigation, without disclosing any confidential information.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 17. Child Protection › Sec. 47.17.027. Duties of school officials.

(a) If the department or a law enforcement agency provides written certification to the child's school officials that (1) there is reasonable cause to suspect that the child has been abused or neglected by a person responsible for the child's welfare or as a result of conditions created by a person responsible for the child's welfare; (2) an interview at school is a necessary part of an investigation to determine whether the child has been abused or neglected; and (3) the interview at school is in the best interests of the child, school officials shall permit the child to be interviewed at school by the department or a law enforcement agency before notification of, or receiving permission from, the child's parent, guardian, or custodian. A school official shall be present during an interview at the school unless the child objects or the department or law enforcement agency determines that the presence of the school official will interfere with the investigation. The interview shall be conducted as required under AS 47.17.033. Immediately after conducting an interview authorized under this section, and after informing the child of the intention to notify the child's parent, guardian, or custodian, the department or agency shall make every reasonable effort to notify the child's parent, guardian, or custodian that the interview occurred unless it appears to the department or agency that notifying the child's parent, guardian, or custodian would endanger the child.
(b) A school official who, with criminal negligence, discloses information learned during an interview conducted under (a) of this section is guilty of a class B misdemeanor.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 17. Child Protection › Sec. 47.17.035. Duties of department in domestic violence cases.

(a) In consultation with the Council on Domestic Violence and Sexual Assault, the department shall develop written procedures for screening reports of harm for abuse and neglect of a child to assess whether there is domestic violence occurring within the family. The procedures must include the following factors:
(1) inquiry concerning the criminal records of the parents or of the alleged abusive or neglectful person or the alleged perpetrator if not the parent of the child; and
(2) inquiry concerning the existence of protective orders issued or filed under AS 18.66.100 - 18.66.180 involving either parent as a petitioner or respondent.
(b) If the department determines in an investigation of abuse or neglect of a child that
(1) the child is in danger because of domestic violence or that the child needs protection as a result of the presence of domestic violence in the family, the department shall take appropriate steps for the protection of the child; in this paragraph, “appropriate steps” includes
(A) reasonable efforts to protect the child and prevent the removal of the child from the parent or guardian who is not a domestic violence offender;
(B) reasonable efforts to remove the alleged domestic violence offender from the child's residence if it is determined that the child or another family or household member is in danger of domestic violence; and
(C) services to help protect the child from being placed or having unsupervised visitation with the domestic violence offender until the department determines that the offender has met conditions considered necessary by the department to protect the safety of the domestic violence victim and household members;
(2) a person is the victim of domestic violence, the department shall provide the victim with a written notice of the rights of and services available to victims of domestic violence that is substantially similar to the notice provided to victims of domestic violence under AS 18.65.520.
(c) For purposes of obtaining access to information needed to conduct the inquiries required by (a)(1) and (2) of this section, the department is a criminal justice agency conducting a criminal justice activity.
(d) A person may not bring a civil action for damages for a failure to comply with the provisions of this section.
(e) In this section,
(1) “criminal justice activity” has the meaning given in AS 12.62.900;
(2) “criminal justice agency” has the meaning given in AS 12.62.900;
(3) “domestic violence” has the meaning given in AS 18.66.990.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 17. Child Protection › Sec. 47.17.040. Child protection registry; confidentiality.

(a) The department shall maintain a child protection registry of all investigation reports, including substantiated findings under AS 47.10 or AS 47.17.
(b) Investigation reports and reports of harm filed under this chapter are considered confidential and are not subject to public inspection and copying under AS 40.25.110 and 40.25.120. However, in accordance with department regulations, investigation reports, including substantiated findings under AS 47.10 or AS 47.17, may be used by appropriate governmental agencies with child-protection functions, inside and outside the state, in connection with investigations or judicial proceedings involving child abuse, neglect, or custody and in conjunction with licensing action under AS 47.32 or a similar statute in another state. A person not acting in accordance with department regulations who, with criminal negligence, makes public information contained in confidential reports is guilty of a class B misdemeanor.
(c) Before a substantiated finding may be placed on the child protection registry and provided as part of a civil history check under AS 47.05.325, the department shall provide the applicant notice of the finding and an opportunity to appeal the finding. The department shall adopt regulations to implement this section.
(d) In this section, “governmental agency” includes a tribe or tribal organization conducting child protection functions and a school district.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 17. Child Protection › Sec. 47.17.050. Immunity.

(a) Except as provided in (b) of this section, a person who, in good faith, makes a report under this chapter, permits an interview under AS 47.17.027, or participates in judicial proceedings related to the submission of reports under this chapter, is immune from civil or criminal liability that might otherwise be incurred or imposed for making the report or permitting the interview, except that a person who knowingly makes an untimely report is not immune from civil or criminal liability based on the delay in making the report.
(b) Notwithstanding (a) of this section, a person accused of committing the child abuse or neglect is not immune from civil or criminal liability for the child abuse or neglect as a result of reporting the child abuse or neglect.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 17. Child Protection › Sec. 47.17.064. Photographs and x-rays.

(a) The department or a practitioner of the healing arts may, without the permission of the parents, guardian, or custodian, take the following actions with regard to a child who the department or practitioner has reasonable cause to suspect has suffered physical harm as a result of child abuse or neglect:
(1) take or have taken photographs of the areas of trauma visible on the child; and
(2) if medically indicated, have a medical or radiological examination of the child performed by a person who is licensed to administer the examination.
(b) The department or a practitioner of the healing arts shall notify the parents, guardian, or custodian of a child as soon as possible after taking action under (a) of this section with regard to the child.