reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 54 - Administration › Article 1 - Privacy of Client Records: Child Protection Services › 7 AAC 54.030 - Prohibitions against disclosure of child protection information

Current through May 31, 2024
(a) The
				  department will limit the use of all child protection information to purposes
				  directly connected with the administration of child protection services
				  programs.
(b) The department will
				  not disclose any child protection information obtained by a representative,
				  agent, volunteer, or employee of the department in the course of discharging
				  the child protection duties of the department to anyone outside of the
				  department, other than in the administration of the child protection services
				  programs and as provided in this chapter or
				  AS
				  47.10.090-47.10.093.
(c) The department may not use or disclose
				  protected health information except as required or permitted by 45 C.F.R. Part
				  160, subpart C and Part 164, subpart E, revised as of October 1, 2004 and
				  adopted by reference.
Authority:
AS
						47.05.010
AS 47.05.015
AS 47.05.020
AS 47.05.030
AS 47.05.040
AS 47.10.093
AS 47.14.010
AS
						47.17.040
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 54 - Administration › Article 1 - Privacy of Client Records: Child Protection Services › 7 AAC 54.040 - Release of child protection information to persons with legitimate interests

Current through May 31, 2024
(a) The department has exclusive control and
				  custody of the child protection information collected by the department. Any
				  request for disclosure of child protection information not covered by this
				  chapter, or requiring a special determination, must be sent to the central
				  office of the unit of the department that handles child protection services
				  programs.
(b) Protected health
				  information contained in child protection files may only be released under this
				  section to a public health authority.
(c) The department may release child
				  protection information, on a form provided by the department, concerning a
				  minor child that is not subject to the jurisdiction of a court under
				  AS
				  47.10.010, to a person with legitimate
				  interest if the department has reason to believe that the release of the
				  information will prevent physical harm to the child. The information that may
				  be released under this subsection includes reports of harm under AS 47.17
				  without the name of the person making the report, the results of investigations
				  on those reports of harm, information on protective services reports, and
				  additional child protection information.
(d) The department may release child
				  protection information to tribes and tribal organizations
(1) to assist in an investigation of a report
				  of harm under AS 47.17;
(2) to aid
				  in providing services to or facilitating placement of a child if the
(A) release of information is in the best
				  interests of the child who is the subject of the information; and
(B) child described in (A) of this paragraph
				  is
(i) not subject to the jurisdiction of the
				  court under
				  AS
				  47.10.010; or
(ii) a member of a tribe, the child is
				  subject to the proceeding under
				  AS
				  47.10.010, and the tribe to receive the
				  information is not a party to the proceeding.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 54 - Administration › Article 1 - Privacy of Client Records: Child Protection Services › 7 AAC 54.050 - Disclosure of child protection information at client's request

Current through May 31, 2024
Upon receipt of written authorization from
(1) an emancipated minor or an adult who was
				  once a child client, the department will disclose the requested child
				  protection information concerning the services provided by the department to
				  the child client, except that the emancipated minor or adult may not authorize
				  disclosure of information acquired while the child client was the subject of a
				  child-in-need-of-aid petition or was a ward of the state;
(2) the parent, guardian, or custodian of a
				  child client of the department, the department will disclose requested child
				  protection information concerning that child to the parent's, guardian's or
				  custodian's designee, except that
(A) the
				  parent, guardian, or custodian may not authorize disclosure of information
				  acquired while the child was the subject of a child-in-need-of-aid petition or
				  was a ward of the state; and
(B)
				  the parent, guardian, or custodian may not, over the objections of the child,
				  authorize disclosure of information that infringes on the right of privacy of
				  the child.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 54 - Administration › Article 1 - Privacy of Client Records: Child Protection Services › 7 AAC 54.060 - Disclosure of child protection information to a parent of a child

Current through May 31, 2024
(a) The
				  department will disclose child protection information concerning a child client
				  receiving services, acquired while the child was the subject of a
				  child-in-need-of-aid petition or was a ward of the state, to the parent or
				  guardian upon the parent's request only
(1)
				  when the information has been procured as part of a court-ordered evaluation
				  program;
(2) when the information
				  is necessary to the parent for the parent's participation in court-ordered
				  treatment, if the right of privacy of the child is not infringed;
(3) when the information is necessary to
				  allow the parent to exercise residual parental rights, as provided under
				  AS
				  47.10.084(c); or
(4) when the court has ordered that the
				  information be disclosed.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 54 - Administration › Article 1 - Privacy of Client Records: Child Protection Services › 7 AAC 54.070 - Disclosure of child protection information to guardian ad litem

Current through May 31, 2024
When a recipient of or applicant for services is the
					 subject of a court proceeding in which a guardian ad litem is appointed for
					 that client, the department may release child protection information concerning
					 the client to the client's guardian ad litem.
Authority:
AS
						47.05.010
AS 47.05.015
AS 47.05.020
AS 47.05.030
AS 47.05.040
AS 47.10.050
AS 47.10.093
AS 47.14.010
AS 47.17.030
AS
						47.17.040
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 54 - Administration › Article 1 - Privacy of Client Records: Child Protection Services › 7 AAC 54.080 - Disclosure of child protection information to acquire consultation or services for a client

Current through May 31, 2024
(a) When the department requests consultation
				  or services for an adult client, the department may disclose child protection
				  information to the agency or person asked to provide that consultation or
				  service only upon authorization from the adult client.
(b) When the department requests consultation
				  or services for a child client who is committed to the care of the department
				  or is a ward of the state, the department may disclose child protection
				  information concerning the child client as is necessary to acquire the
				  provision of consultation or services.
(c) When the department requests services for
				  a child client who is not committed to the care of the department and is not a
				  ward of the state, the department will disclose child protection information
				  only upon authorization of the child if the child is emancipated, or the
				  child's parent, guardian, or custodian.
(d) The department will require the recipient
				  of safeguarded child protection information to maintain confidentiality
				  standards comparable to those in this chapter as to information
				  disclosed.
Authority:
AS
						47.05.010
AS 47.05.015
AS 47.05.020
AS 47.05.030
AS 47.05.040
AS 47.10.080
AS 47.10.093
AS 47.10.230
AS 47.14.010
AS
						47.17.040
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 54 - Administration › Article 1 - Privacy of Client Records: Child Protection Services › 7 AAC 54.090 - Disclosure to person in danger

Current through May 31, 2024
When an employee of the department learns of a serious and
					 imminent threat by a client to the physical safety or health of another person
					 or the public at large, and it appears possible that such a threat might be
					 carried out, the employee shall give notice to that person or a law enforcement
					 officer as soon as possible, and in a way that will cause the least damage to
					 the client's confidentiality.
Authority:
AS
						47.05.010
AS 47.05.015
AS 47.05.020
AS 47.05.030
AS 47.05.040
AS 47.10.093
AS 47.14.010
AS
						47.17.040
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 54 - Administration › Article 1 - Privacy of Client Records: Child Protection Services › 7 AAC 54.100 - Disclosure to criminal justice officials

Current through May 31, 2024
(a) The department
				  will not disclose child protection information, in the absence of a court
				  order, to federal, state, or local law enforcement officers, or other criminal
				  justice officials unless that information will be used for purposes directly
				  connected with the administration of child protection services programs or as
				  provided in
				  AS
				  47.10.093(b)(6). Included in
				  those purposes may be requests for assistance from law enforcement officers in
				  obtaining physical custody of a child, requests for assistance in investigation
				  of harm to an adult or a child, and requests for assistance if disclosure is
				  necessary to protect the safety of the client or the public.
(b) When a court order is issued directing
				  the department to disclose child protection information not otherwise
				  disclosable under this chapter to a law enforcement or criminal justice agency,
				  the department will apprise the court of the statutes and regulations
				  concerning confidentiality and ask the court to rule on disclosability before
				  disclosing the information.
Authority:
AS
						47.05.010
AS 47.05.015
AS 47.05.020
AS 47.05.030
AS 47.05.040
AS 47.10.093
AS 47.14.010
AS
						47.17.040
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 54 - Administration › Article 1 - Privacy of Client Records: Child Protection Services › 7 AAC 54.110 - Disclosure in hearings related to the operation of child protection services programs

Current through May 31, 2024
A department employee may voluntarily appear, and, if
					 required by a court, shall appear, and give testimony in a hearing that is
					 directly related to the operation of child protection services programs,
					 including the following:
(1) in a
				  children's, mental commitment, guardianship, or conservatorship proceeding, if
				  a recipient of or applicant for services from the department is the subject of
				  the proceeding;
(2) in a child
				  support, custody, or divorce proceeding to testify concerning the minor
				  children involved; or
(3) in a
				  prosecution for fraud against child protection services programs or for a
				  criminal act against a child.
Authority:
AS
						47.05.010
AS 47.05.015
AS 47.05.020
AS 47.05.030
AS 47.05.040
AS 47.10.093
AS 47.14.010
AS
						47.17.040
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 54 - Administration › Article 1 - Privacy of Client Records: Child Protection Services › 7 AAC 54.120 - Disclosure in hearings not related to the operation of child protection services programs

Current through May 31, 2024
No department employee may testify in a hearing not related
					 to the operation of child protection services programs with respect to any
					 confidential information except where
(1) an adult client has authorized the
				  disclosure of the information; or
(2) a court, having been informed of the
				  existence of the statutes and regulations prohibiting disclosure, orders the
				  disclosure.
Authority:
AS
						47.05.010
AS 47.05.015
AS 47.05.020
AS 47.05.030
AS 47.05.040
AS 47.10.093
AS 47.14.010
AS
						47.17.040
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 54 - Administration › Article 1 - Privacy of Client Records: Child Protection Services › 7 AAC 54.130 - Disclosure for research purposes

Current through May 31, 2024
The department may disclose otherwise nondisclosable child
					 protection information to a person or organization doing research or
					 maintaining health statistics, if the anonymity of the client is assured, and
					 the department recognizes the project as a bona fide research or statistical
					 undertaking. If a research or statistical project concerns the disclosure of
					 protected health information, the department may disclose under this section
					 the protected health information only if the information is
(1) not individually identifiable as provided
				  under 45 C.F.R.
				  164.502(d), revised as of
				  October 1, 2004, and adopted by reference;
(2) for a valid health care operations
				  purpose; for purposes of this section, "health care operations" has the meaning
				  given in 45 C.F.R.
				  164.501, revised as of October 1, 2004, and
				  adopted by reference;
(3) disclosed
				  to a business associate, to a public health authority, or to a health oversight
				  agency; and
(4) disclosed in
				  compliance with 45 C.F.R.
				  164.512(i), revised as of
				  October 1, 2004, and adopted by reference, or is part of a limited data set as
				  identified under 45 C.F.R.
				  164.514(e), revised as of
				  October 1, 2004, and adopted by reference.
Authority:
AS
						47.05.010
AS 47.05.015
AS 47.05.020
AS 47.05.030
AS 47.05.040
AS 47.10.093
AS 47.14.010
AS
						47.17.040
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 54 - Administration › Article 1 - Privacy of Client Records: Child Protection Services › 7 AAC 54.140 - Disclosure to state officials and legislators

Current through May 31, 2024
(a) The department
				  may disclose child protection information, including lists of clients, to other
				  branches of state government and to municipalities, that finance programs or
				  services used by department clients, if the disclosure is necessary to ensure
				  continued levels of financing and the recipient of the information has
				  confidentiality standards equivalent to those in this chapter.
(b) The department may disclose child
				  protection information, excluding privileged attorney-client information, to
				  state officials or employees in accordance with
				  AS
				  47.10.092(a). For purposes
				  of AS 47.1O.092(a) and this subsection, "privileged attorney-client
				  information" means information that would disclose communication made for the
				  purpose of facilitating rendition of legal services to a client, whether the
				  communication is between an attorney and client, or between agents of attorneys
				  for clients. For purposes of this subsection, communications between department
				  social workers and agents of the Department of Law are communications made for
				  the purpose of facilitating rendition of legal services to a client. The
				  department will notify the official requesting information that was withheld
				  under this subsection, of the opportunity of the parent whose complaint led to
				  an investigation under
				  AS
				  47.10.092(a) to use the
				  grievance procedure provided in
				  7 AAC 54.245 -
				  7 AAC 54.260 to challenge the withholding of the
				  information.
(c) The department may
				  make child protection information available to auditors working under the
				  authority of the legislature or state administration, if the auditors have
				  written guidelines for safeguarding the confidentiality of information obtained
				  under this section.
(d) The
				  department may make child protection information available to the state office
				  of the ombudsman or state office of victim's rights if the office of the
				  ombudsman or office of victim's rights has regulations for safeguarding the
				  confidentiality of information obtained under this subsection.
From the time of the adoption of 7 AAC 36.140 in 1983
						until its correction in Register 102 (July 1987), this section jumped from
						subsection (b) to subsection (d) with no subsection (c) in between. As of
						Register 102, what was designated (d) became (c) and what was (e) became
						(d).
Authority:
AS
						47.05.010
AS 47.05.015
AS 47.05.020
AS 47.05.030
AS 47.05.040
AS 47.10.092
AS 47.10.093
AS 47.14.010
AS
						47.17.040
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 54 - Administration › Article 1 - Privacy of Client Records: Child Protection Services › 7 AAC 54.150 - Disclosure of child protection information to other states

Current through May 31, 2024
The department may disclose to an out-of-state governmental
					 agency with child protection functions information that has a direct bearing on
					 an investigation or judicial proceeding in which the protection of a child from
					 child abuse or neglect or the custody of a child is at issue.
Authority:
AS
						47.05.010
AS 47.05.015
AS 47.05.020
AS 47.05.030
AS 47.05.040
AS 47.10.093
AS 47.14.010
AS
						47.17.040
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 54 - Administration › Article 2 - Grievance Procedure › 7 AAC 54.245 - Juvenile justice grievance procedure

Current through May 31, 2024
(a) A person may
				  seek review of an action or inaction of the division in the department that
				  provides juvenile justice services by filing a grievance on a form designated
				  by the division. The provisions of
				  7 AAC 54.300 -
				  7 AAC 54.450 and
				  7 AAC 54.900 regarding confidentiality of juvenile
				  justice records apply to grievances filed under this section.
(b) The parties to a grievance may
				  voluntarily discuss the case informally at any time with a department employee
				  before the formal initiation of the grievance process. Informal discussion does
				  not affect the time limits in this chapter.
(c) The grievance procedure under this
				  section is not available to
(1) a resident of
				  a state-operated juvenile correctional facility or juvenile detention facility
				  under 7 AAC 52.095;
(2) a state employee unless the employee is
				  also a client of the department, a client's parent or guardian, or a service
				  provider for the department;
(3)
				  address contract services disputes;
(4) appeal late payments or to contest foster
				  care rates paid;
(5) complain of
				  child placement or child removal decisions of the department as a result of
				  intervention under AS 47.12, except as specified in (d) of this section;
(6) appeal a decision regarding
				  grant programs that may be appealed under
				  7 AAC 78.310;
(7) appeal a decision regarding civil rights
				  actions covered under the department's civil rights complaint procedures;
(8) appeal a decision or action
				  taken by the department that is reviewable by the court under AS 47.12 or AS
				  47.14;
(9) initiate, against
				  personnel, complaints that are subject to AS 39.25 (State Personnel Act);
(10) an individual restricted from
				  receiving information about a juvenile case under
				  7 AAC 54.300 -
				  7 AAC 54.450 and
				  7 AAC 54.900 regarding confidentiality of juvenile
				  records; or
(11) grieve a decision,
				  action, or inaction taken by the department if the time that has passed since
				  that decision, action, or inaction occurred exceeds the shorter of the
				  following periods:
(A) six months after the
				  grievant had actual notice of the decision, action, or inaction;
(B) three years, regardless of whether or
				  when the grievant had actual notice of the decision, action, or inaction.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 54 - Administration › Article 2 - Grievance Procedure › 7 AAC 54.250 - Resolution and review of juvenile justice grievances

Current through May 31, 2024
(a) The supervisor
				  shall conduct a meeting with the grievant not later than 10 calendar days after
				  the date the department receives the grievance form under
				  7 AAC 54.245(e). The supervisor may
				  include in the meeting staff identified as the subject of the grievance, if the
				  staffs participation would assist in resolving the grievance.
(b) Each person at the meeting has an
				  opportunity to explain the person's position, and to suggest methods of
				  resolving the dispute.
(c) Not
				  later than five calendar days after the conclusion of the meeting, the
				  supervisor shall issue a decision letter. The letter must summarize the
				  grievance, state the material facts, and explain what action, if any, the
				  department will take in response to the grievance, including times by which
				  action will be taken. The supervisor shall also include information on the
				  review process, including contact information identifying the next superior
				  supervisor in the chain of command.
(d) A grievant may seek review of a
				  supervisor's decision by the next superior supervisor in the chain of command,
				  up to and including the director of the division. Each request for review must
				  be in writing and delivered to the next superior supervisor in the chain of
				  command not later than 15 business days after the date the previous decision
				  was issued. Supervisors, up to and including the division director, may conduct
				  meetings on the review with the grievant. A supervisor that receives a request
				  for review, up to and including the division director, shall issue a decision
				  letter not later than 10 calendar days after the date of receipt of the request
				  for review or the date of a meeting on the review, whichever is later.
(e) The division director's
				  decision is a final agency decision for purposes of judicial review.
(f) A supervisor reviewing a grievance or a
				  request for review may extend, by not more than two consecutive 10-business-day
				  time periods, a time limit under (a) - (d) of this section if
(1) the supervisor is absent on approved
				  leave or official business;
(2)
				  the supervisor needs to consult with a staff member who is absent on approved
				  leave or official business, or have that staff member participate in a meeting;
				  or
(3) unforeseen circumstances
				  prevent a grievant from timely delivering a request for review.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 54 - Administration › Article 2 - Grievance Procedure › 7 AAC 54.255 - Children's services grievance procedures

Current through May 31, 2024
(a) An individual
				  affected by a decision or action of the office in the department that provides
				  child protection services, including a parent, foster parent, adult family
				  member, a person with a significant relationship with a child, or a person
				  participating in provision of services to a child or family, may submit a
				  case-specific grievance on a form provided by the office. In this subsection,
				  "person with a significant relationship with a child" means a stepparent, a
				  grandparent, or a parent's live-in partner.
(b) The grievance procedure under this
				  section is not available to
(1) a state
				  employee unless the employee is also a client of the department, a client's
				  parent or guardian, or a service provider for the department;
(2) address contract services disputes;
(3) appeal late payments or to
				  contest foster care rates paid;
(4) appeal a decision regarding grant
				  programs that may be appealed under
				  7 AAC 78.310;
(5) appeal a decision regarding civil rights
				  actions covered under the department's civil rights complaint procedures;
(6) appeal a decision or action
				  taken by the department that is reviewable by the court under AS 47.10;
(7) review or overturn a decision
				  by the department that the person has a substantiated finding under AS 47.10 or
				  AS 47.17; for a decision described in this paragraph, a person must make a
				  request to the department for review by the office of administrative hearings
				  (AS
				  44.64.010);
(8) appeal a licensing action under AS 47.32;
(9) initiate, against personnel,
				  complaints that are subject to AS 39.25 (State Personnel Act);
(10) grieve a decision, action, or inaction
				  taken by the department if the time that has passed since that decision,
				  action, or inaction occurred exceeds the shorter of the following periods:
(A) six months after the grievant had actual
				  notice of the decision, action, or inaction;
(B) three years, regardless of whether or
				  when the grievant had actual notice of the decision, action, or inaction; or
(11) appeal any state
				  or federal action that is under the jurisdiction of other state or federal
				  agencies.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 54 - Administration › Article 3 - Confidentiality of Client Records: Juvenile Justice › 7 AAC 54.300 - Scope

Current through May 31, 2024
Sections
					 7 AAC 54.300 -
					 7 AAC 54.450 and
					 7 AAC 54.900 apply to the use or disclosure of
					 information concerning recipients of services from the division of juvenile
					 justice.
Authority:
AS
						40.25.120
AS 47.05.010
AS 47.05.040
AS 47.12.300
AS 47.12.310
AS 47.12.315
AS 47.12.320
AS 47.14.010
AS
						47.17.040
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 54 - Administration › Article 3 - Confidentiality of Client Records: Juvenile Justice › 7 AAC 54.310 - Information to be safeguarded

Current through May 31, 2024
Information to be safeguarded by the division
					 includes:
(1) names and addresses of
				  recipients of services from the division;
(2) information contained in applications,
				  reports of investigations, evaluations, medical examinations, correspondence
				  and court reports, and other information concerning the condition or
				  circumstances of any person about whom information is obtained, regardless of
				  whether this information is recorded; and
(3) division evaluations of and action taken
				  on the information.
Authority:
AS
						40.25.120
AS 47.05.010
AS 47.05.040
AS 47.12.300
AS 47.12.310
AS 47.12.315
AS 47.12.320
AS 47.14.010
AS
						47.17.040
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 54 - Administration › Article 3 - Confidentiality of Client Records: Juvenile Justice › 7 AAC 54.320 - Prohibition against disclosure of safeguarded information

Current through May 31, 2024
(a) Use of
				  safeguarded information is limited to purposes directly connected with the
				  administration of juvenile justice programs.
(b) The division may not disclose to anyone
				  outside of the department any safeguarded information obtained by a
				  representative or employee of the division in the course of discharging the
				  duties of the division, except as authorized by law and as provided in
				  7 AAC 54.300 -
				  7 AAC 54.450.
(c) Safeguarded information that may not be
				  disclosed includes
(1) identity of other
				  juveniles who may be included in division records; and
(2) information that is not disclosable under
				  state and federal statutes and regulations.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 54 - Administration › Article 3 - Confidentiality of Client Records: Juvenile Justice › 7 AAC 54.330 - Request for disclosure of information

Current through May 31, 2024
A disclosure request not covered by AS 47.12 and this
					 chapter, or requiring a special determination, must be made to the regional
					 probation supervisor or the appropriate juvenile facility
					 superintendent.
Authority:
AS
						47.05.010
AS 47.12.300
AS 47.12.310
AS 47.12.315
AS 47.12.320
AS
						47.14.010
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 54 - Administration › Article 3 - Confidentiality of Client Records: Juvenile Justice › 7 AAC 54.340 - Disclosure of information concerning juveniles not subject to court's jurisdiction

Current through May 31, 2024
Subject to the limitations in
					 7 AAC 54.320, the division may disclose information
					 concerning a minor acquired while the minor was not subject to the jurisdiction
					 of the court under AS 47.12 to persons with a legitimate interest, who
					 include
(1) the minor or, upon receipt
				  of written authorization from the minor, the minor's designee;
(2) a parent or guardian of the minor, upon
				  receipt of a written request from the parent or guardian;
(3) a guardian ad litem or court custody
				  investigator when the minor is the subject of a court proceeding in which a
				  guardian ad litem or court custody investigator is appointed; and
(4) a person or agency asked to provide
				  consultation or services for the minor, upon receipt of written authorization
				  from the minor or the minor's parent or guardian.
Authority:
AS
						47.05.010
AS 47.12.310
AS 47.14.010
AS
						47.17.040
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 54 - Administration › Article 3 - Confidentiality of Client Records: Juvenile Justice › 7 AAC 54.350 - Disclosure of information on delinquent juveniles; notification of school

Current through May 31, 2024
(a) Subject to
				  AS
				  47.12.310, and in implementing that statute,
				  the division shall disclose appropriate information concerning a juvenile,
				  acquired while the juvenile was subject to court jurisdiction under AS 47.12 to
(1) a parent or guardian of the juvenile,
				  upon the parent or guardian's request when
(A) the information has been procured as part
				  of a court-ordered evaluation program;
(B) the information is necessary to the
				  parent or guardian's participation in court-ordered treatment;
(C) the information is necessary to allow the
				  parent to exercise residual parental rights as provided in
				  AS
				  47.12.150(c); or
(D) the court has ordered that the
				  information be disclosed;
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 54 - Administration › Article 3 - Confidentiality of Client Records: Juvenile Justice › 7 AAC 54.360 - Notification of law enforcement officer

Current through May 31, 2024
If an employee of the division learns of a threat by a
					 juvenile in its custody to the physical safety of another person, and it
					 appears possible that the threat might be carried out, the employee shall
					 notify a law enforcement officer as soon as possible, and in a way that will
					 cause the least intrusion upon the juvenile's
					 confidentiality.
Authority:
AS
						47.05.010
AS 47.05.040
AS 47.12.310
AS 47.14.010
AS
						47.17.040
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 54 - Administration › Article 3 - Confidentiality of Client Records: Juvenile Justice › 7 AAC 54.370 - Notification of victim

Current through May 31, 2024
The division shall notify a victim of an offense of the
					 victim's rights, under
					 AS
					 47.12.110, to be present at court hearings
					 and proceedings involving the juvenile charged with the
					 offense.
Authority:
AS
						47.05.010
AS 47.05.040
AS 47.12.110
AS 47.12.310
AS
						47.14.010
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 54 - Administration › Article 3 - Confidentiality of Client Records: Juvenile Justice › 7 AAC 54.380 - Disclosure to criminal justice officials

Current through May 31, 2024
(a) The division
				  shall disclose appropriate information to representatives of a federal, state,
				  or local law enforcement agency
(1) when
				  requested by the law enforcement agency for a purpose specified in
				  AS
				  47.12.310(b)(2)(E);
(2) when the division is seeking assistance
				  from law enforcement officers for assistance in
(A) obtaining physical custody of a
				  juvenile;
(B) the conduct of its
				  own investigation of harm to a juvenile;
(C) protection of the safety of the juvenile
				  or the public.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 54 - Administration › Article 3 - Confidentiality of Client Records: Juvenile Justice › 7 AAC 54.390 - Disclosure to public

Current through May 31, 2024
(a) Information concerning the commission of
				  an offense by a juvenile who meets the criteria in
				  AS
				  47.12.315 shall be disclosed to the general
				  public. Disclosable information includes
(1)
				  the full complete legal name of the juvenile; a nickname, street or gang name,
				  or a diminutive or derivative version of the juvenile's name may be used in
				  addition to, but not in place of, the legal name;
(2) the names of both of the parents or legal
				  guardian of the juvenile regardless of where the juvenile was living at the
				  time of the offense;
(3)
				  information about the offense as follows:
(A)
				  a simple statement that includes the date, time, and general location of the
				  offense; and
(B) facts that
				  constitute the elements of the offense, including citation of the applicable
				  criminal statute;
(4)
				  conditions required of the juvenile when a matter is adjusted, in accordance
				  with the following:
(A) conditions or actions
				  required of the juvenile must be described using standard terms, such as
				  community work service, restitution, counseling, or subject to informal
				  supervision;
(B) the effective date
				  of each condition and the end or due dates must be included;
(5) the outcome of court
				  proceedings when a petition for adjudication has been filed, in accordance with
				  the following:
(A) court dispositions must be
				  described using standard terms such as probation supervision, restitution,
				  custody under community probation, or placement in a juvenile facility covered
				  by 7 AAC 54;
(B) special conditions
				  or requirements must be described using standard terms such as counseling,
				  restitution, community work service, or no contact with
				  co-defendants;
(C) disposition
				  information must be made available to the public after a written disposition
				  order is entered by the court.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 54 - Administration › Article 3 - Confidentiality of Client Records: Juvenile Justice › 7 AAC 54.400 - Method of public disclosure

Current through May 31, 2024
(a) The division
				  shall make disclosable information available to the public, upon written or
				  verbal request, by using a disclosure record form provided by the
				  department.
(b) Information may be
				  transmitted by telephone, mail, facsimile, or other electronic means as may be
				  most expedient under the circumstances.
(c) Except as provided in (d) of this
				  section, the division shall try to provide an immediate response to a public
				  request for information, and, in any case, shall respond no later than five
				  business days after a request for information is received.
(d) The division may delay disclosure to the
				  public under
				  AS
				  47.12.315 if the department is in the process
				  of petitioning the court to prohibit disclosure of information under
				  AS
				  47.12.315(f) on the basis
				  that the offense is an isolated incident and the juvenile does not present any
				  further danger to the public. Decisions on whether to petition the court to
				  prohibit disclosure must be made within 30 days after the department receives a
				  police investigation report for an offense specified in
				  AS
				  47.12.315.
Authority:
AS
						47.05.010
AS 47.05.040
AS 47.12.315
AS
						47.14.010
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 54 - Administration › Article 3 - Confidentiality of Client Records: Juvenile Justice › 7 AAC 54.410 - Disclosure in hearings related to juvenile justice program

Current through May 31, 2024
A division employee may voluntarily appear, and, if
					 required by a court, shall appear, and testify in a hearing that is directly
					 related to the operation of a juvenile justice program, regarding safeguarded
					 information, including the following:
(1) in a children's, mental commitment,
				  guardianship, or conservatorship proceeding, if a recipient of services from
				  the division is the subject of the proceeding;
(2) in a child support, custody, or divorce
				  proceeding to testify concerning the minor children involved; or
(3) in a prosecution for illegal activity in
				  the facility.
Authority:
AS
						47.05.010
AS 47.05.040
AS 47.12.300
AS 47.12.310
AS 47.12.315
AS 47.12.320
AS
						47.14.010
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 54 - Administration › Article 3 - Confidentiality of Client Records: Juvenile Justice › 7 AAC 54.420 - Disclosure in hearings not related to juvenile justice program

Current through May 31, 2024
A division employee may not testify in a hearing that is
					 not related to the operation of a juvenile justice program, regarding
					 safeguarded information, except when a court, having been informed of the
					 existence of the statutes and regulations prohibiting disclosure, orders the
					 disclosure.
Authority:
AS
						47.05.010
AS 47.05.040
AS 47.12.300
AS 47.12.310
AS 47.12.315
AS 47.12.320
AS
						47.14.010
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 54 - Administration › Article 3 - Confidentiality of Client Records: Juvenile Justice › 7 AAC 54.430 - Disclosure for research purposes

Current through May 31, 2024
The division may disclose otherwise nondisclosable
					 information to a person doing research or maintaining health statistics, if the
					 anonymity of the juvenile is assured and the division recognizes the project as
					 a bona fide research or statistical undertaking.
Authority:
AS
						47.05.010
AS 47.05.040
AS 47.12.300
AS 47.12.310
AS
						47.14.010
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 54 - Administration › Article 3 - Confidentiality of Client Records: Juvenile Justice › 7 AAC 54.440 - Disclosure to public officials and legislators

Current through May 31, 2024
(a) The division
				  may disclose safeguarded information, including lists of juveniles in its
				  custody, to other branches of the state or federal government, and to local
				  government entities, that finance programs or services used by juveniles in the
				  custody of the division, if the disclosure is necessary to ensure continued
				  levels of funding and the recipient of the information has confidentiality
				  standards equivalent to those in AS 47.12 and this chapter.
(b) The division may disclose safeguarded
				  information to a committee of the state legislature only under the following
				  conditions:
(1) the commissioner of family and
				  community services has has approved the disclosure;
(2) only information necessary to accomplish
				  the purpose of the investigation may be disclosed; and
(3) the committee has standards equivalent to
				  the standards of the division for safeguarding the information revealed and
				  restricting the use of the information to purposes directly connected with the
				  purpose of the committee.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 54 - Administration › Article 3 - Confidentiality of Client Records: Juvenile Justice › 7 AAC 54.450 - Disclosure to other states

Current through May 31, 2024
The division may disclose to an out-of-state governmental
					 agency with juvenile justice functions information that has a direct bearing on
					 an investigation or judicial proceeding in which the conduct or custody of a
					 juvenile is at issue.
Authority:
AS
						47.05.010
AS 47.05.040
AS 47.12.310
AS 47.12.315
AS 47.12.320
AS
						47.14.010
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 54 - Administration › Article 4 - Review and Evidentiary Hearing Regarding Foster Care, Adoption Subsidy, or Guardianship Subsidy Payment › 7 AAC 54.500 - First-level review

Current through May 31, 2024
(a) A foster parent, a prospective adoptive
				  parent or guardian, or an adoptive parent or legal guardian who is not
				  satisfied with the department's decision to deny, suspend, reduce, change, or
				  terminate a foster care payment, an adoption subsidy payment, or a guardianship
				  subsidy payment may request
(1) a first-level
				  review under this section; or
(2)
				  an evidentiary hearing under
				  7 AAC 54.510.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 54 - Administration › Article 4 - Review and Evidentiary Hearing Regarding Foster Care, Adoption Subsidy, or Guardianship Subsidy Payment › 7 AAC 54.510 - Evidentiary hearing

Current through May 31, 2024
(a) A foster parent, a prospective adoptive
				  parent or guardian, or an adoptive parent or legal guardian who is not
				  satisfied with the department's decision to deny, suspend, reduce, change, or
				  terminate a foster care payment, an adoption subsidy payment, or a guardianship
				  subsidy payment may request an evidentiary hearing under this section without
				  seeking a first-level review under
				  7 AAC 54.500
				  or may request an evidentiary hearing of a decision rendered under
				  7 AAC 54.500.
(b) A request for an evidentiary hearing
				  under this section must be submitted in writing no later than 30 days after the
				  date of the department's original decision or a decision under a first-level
				  review under
				  7 AAC 54.500.
(c) A request for an evidentiary hearing
				  under this section must
(1) describe the issue
				  or decision being appealed;
(2)
				  specify the basis upon which the decision is challenged;
(3) include all information and materials
				  that the foster parent, prospective adoptive parent or guardian, or adoptive
				  parent or legal guardian requests the department to consider in resolving the
				  matter, including a copy of the first-level review decision if the foster
				  parent, prospective adoptive parent or guardian, or adoptive parent or legal
				  guardian participated in a first-level review under
				  7 AAC 54.500;
				  and
(4) be submitted to the
				  department at the address set out in the department's
(A) original decision, if the requester did
				  not seek a first-level review under
				  7 AAC 54.500;
(B) decision issued under
				  7 AAC 54.500,
				  if the request is for an evidentiary hearing of a decision rendered under
				  7 AAC 54.500.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 54 - Administration › Article 4 - Review and Evidentiary Hearing Regarding Foster Care, Adoption Subsidy, or Guardianship Subsidy Payment › 7 AAC 54.600 - Adoption of Children subject to the Indian Child Welfare Act

Current through May 31, 2024
For Indian children subject to
					 25 U.S.C.
					 1901 -
					 1963 (Indian Child Welfare Act)
					 who are in the custody of the state where the department's permanency goal for
					 the child is adoption, the department will consider the following to constitute
					 a proxy for a formal petition for adoption:
(1) the request of a relative, tribal member
				  or other Indian family interested in immediate placement and adoption of a
				  child at any court hearing in the child in need of aid matter;
(2) the request of a relative, tribal member
				  or other Indian family interested in immediate placement and adoption of a
				  child, conveyed to the department by telephone, by mail, by facsimile
				  transmission, by electronic mail, or in person; or
(3) the request by the child's tribe or tribe
				  in which the child is eligible for enrollment to the department on behalf of a
				  relative or tribal member who the tribe has confirmed is requesting immediate
				  placement and adoption of a child.
The adoption of
						7 AAC 54.600 took effect on April 15, 2015, as an
						emergency regulation, and the regulation was first published in Register 214
						(July 2015). In reviewing the permanent regulations in accordance with
						AS
						44.62.060 and
						44.62.125(b), the
						regulations attorney made technical changes to
						7 AAC 54.600. Those technical changes appeared in the
						permanent regulation as published in Register 215 (October 215). The history
						note for 7 AAC 54.600 does not reflect the
						changes made by the regulations
						attorney.
Authority:
AS
						47.05.065
AS 47.10.080
AS 47.10.088
AS 47.14.010
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 55 - Adult Services › Article 2 - Adult Foster Homes (Repealed)

Current through May 31, 2024
Publisher's note:
7 AAC 55.350 - 7 AAC 55.600
					 (Eff. 1/29/82, Register 81; am 7/17/87, Register 103) were repealed as of
					 Register 134. See, now, 7 AAC 75.
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 55 - Adult Services › Article 3 - Services for Pregnant Women › 7 AAC 55.610 - Purpose

Current through May 31, 2024
Subject to the appropriation of money and the provisions of
					 AS
					 47.40.100-47.40.120, the department will
					 purchase certain services for eligible women and will award grants to eligible
					 applicants to provide services for eligible women.
Authority:
AS
						47.40.100
AS
						47.40.120
Alaska Administrative Code › Title 7 - Health and Social Services › Part 4 - Children's Services and Juvenile Justice › Chapter 55 - Adult Services › Article 3 - Services for Pregnant Women › 7 AAC 55.620 - Eligible applicants

Current through May 31, 2024
An applicant for a grant under
					 7 AAC 55.610 -
					 7 AAC 55.690 shall provide proof to the department that
					 it has all licenses, permits, and license designations that the state, federal,
					 or municipal governments require for providing the services, including licenses
					 required by 7 AAC 50.
Authority:
AS
						47.40.100
AS
						47.40.120