NCJ Number
62077
Journal
Child Welfare Volume: 57 Issue: 8 Dated: (1978) Pages: 485-495
Date Published
1978
Length
11 pages
Annotation
THE PROCESS OF DEVELOPING THE LEGISLATION FOR ALASKA'S CHILDREN'S CODE IS DESCRIBED, AND THE CHILD WELFARE CONCEPTS EMBODIED IN THE NEW LAWS ARE DISCUSSED.
Abstract
IN 1969 AND 1970, SEVERAL ALASKAN LEGISLATORS MET WITH CHILD WELFARE PROFESSIONALS, LAY PEOPLE, AND REGION X (HEW) STAFF TO CONSIDER METHODS OF ACHIEVING LAW REFORM IN THE AREA OF CHILD WELFARE. ULTIMATELY, THE CREATION OF AN OFFICE OF CHILD ADVOCACY WAS PROPOSED TO DEVISE NEW CHILD WELFARE LEGISLATION. A PLAN WAS DEVISED FOR CREATION OF A TASK FORCE OF PROFESSIONALS AND CITIZENS WHO WOULD WORK WITH THE LEGAL STAFF OF THE LEGISLATIVE AFFAIRS AGENCY TOWARD CREATION OF THE CHILDREN'S CODE. THE BROAD-BASED SUPPORT GAINED FROM A VARIETY OF ORGANIZATIONS DURING THE CONSTRUCTION OF THE PROPOSED CODE HELPED TO ASSURE ITS EVENTUAL PASSAGE IN MAY 1977, TO BECOME EFFECTIVE IN AUGUST 1977. UNDERLYING THE CODE IS THE POLICY THAT OFFICIAL INTERVENTION INTO FAMILY LIFE SHOULD BE LIMITED TO INSTANCES IN WHICH THE CHILD IS SUFFERING HARM (ACTUAL OR IMMINENT), AND THAT SUCH HARM SHOULD BE ASSESSED AGAINST SPECIFIC CRITERIA. THE INTENT OF THE CODE IS (1) TO CLARIFY WHICH CHILDREN WOULD COME UNDER JUVENILE COURT JURISDICTION; (2) TO ELIMINATE OVERBROAD AND VAGUE JURISDICTIONAL GROUNDS; (3) TO SPECIFY THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES' RESPONSIBILITIES IN TREATING THE CHILD AND THE FAMILY; (4) TO SET CERTAIN GUIDELINES FOR THE COURT; AND (5) TO RESOLVE INCONSISTENCIES IN THE PRESENT LAWS. THE DESIGNATIONS 'DEPENDENT CHILD' AND 'CHILD IN NEED OF SUPERVISON' HAVE BEEN ABOLISHED IN FAVOR OF THE DESIGNATION 'CHILD IN NEED OF AID.' THIS NEW JURISDICTIONAL SECTION REASSERTS THE PRIMACY OF THE PARENT-CHILD RELATIONSHIP AND OBLIGATES THE STATE TO FIND SPECIFIC EVIDENCE OF ACTUAL OR IMMINENT HARM BEFORE COURTS AND STATE AGENCIES CAN INTERVENE IN FAMILY LIFE. REFERENCES ARE PROVIDED. (RCB)