SB 9

                          LAWS OF ALASKA
                                         2026
Source  Chapter No.
HCS CSSB 9(JUD)  _______
                                         AN ACT
Relating to the surrender of infants; relating to civil history; and providing for an effective date.
                                    _______________
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
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                                              AN ACT
1  Relating to the surrender of infants; relating to civil history; and providing for an effective date.
2_______________
3    * Section 1. AS 47.05.325(a) is amended to read:
4(a) The Department of Health and the Department of Family and Community
5Services shall establish by regulation civil history standards for denial of issuance or
6renewal of a license or certification for an individual or for an entity within that
7department's licensing or certification authority if the individual who is applying for a
8license, license renewal, certification, or certification renewal is
9(1) a biological or adoptive parent, guardian, custodian, or Indian
10custodian of a child who is or was the subject of a child-in-need-of-aid petition under
11AS 47.10 and the individual had custody of the child at the time the child was the subject
12of a petition, unless the only basis in the petition for alleging that the child was a
13child in need of aid under AS 47.10.011 was that the child was surrendered in the
14manner described in AS 47.10.013(c); or
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1(2)     the subject of a finding or circumstance described in
2AS 47.05.330(a).
3   * Sec. 2. AS 47.05.330(a) is amended to read:
4(a) The Department of Health and the Department of Family and Community
5Services shall by regulation identify each database that department will review when
6conducting a civil history check under AS 47.05.325 to identify each individual
7(1) whom a court or the applicable department has found
8(A)   to have committed abuse, neglect, undue influence, or
9exploitation of a vulnerable adult;
10(B) under AS 47.32 or regulations adopted under AS 47.32, to
11have significantly adversely affected the health, safety, or welfare of an
12individual who is receiving a service from an entity licensed under AS 47.32; a
13finding described in this subparagraph includes a decision to revoke, suspend,
14or deny a license or license renewal, or the relinquishment of a license as part of
15a settlement agreement;
16(2) who has been subject to criminal or civil penalties for a violation of
17AS 09.58, AS 47.05, AS 47.06, AS 47.07, AS 47.08, or regulations adopted under
18AS 09.58, AS 47.05, AS 47.06, AS 47.07, or AS 47.08;
19(3) about whom the applicable department or a court has made a
20substantiated finding of child abuse or neglect under AS 47.10 or AS 47.14;
21(4) who was a biological or adoptive parent, guardian, custodian, or
22Indian custodian of a child at the time the child was the subject of a child-in-need-of-
23aid petition under AS 47.10, unless the only basis in the petition for alleging that the
24child was a child in need of aid under AS 47.10.011 was that the child was
25surrendered in the manner described in AS 47.10.013(c);
26(5) who, in the course of employment with the state, has been terminated
27from employment or has had an allegation of assaultive, abusive, neglectful, or
28exploitive behavior or actions substantiated;
29(6) who, in this state or another jurisdiction, for reasons related to abuse,
30neglect, undue influence, exploitation, or other reasons that are inconsistent with
31standards for the protection of public health, safety, or welfare, has had a professional
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1license, certification, or similar professional designation revoked, suspended, or denied,
2or has had a request for renewal of a professional license, certification, or similar
3professional designation denied;
4(7) whom another state or jurisdiction has identified on a civil registry
5or database substantially similar to the databases identified under this section for reasons
6substantially similar to the reasons identified in (1) - (6) of this subsection.
7  * Sec. 3. AS 47.10.013(c) is amended to read:
8(c) A parent who is immune from prosecution under AS 11.81.500 and chooses
9to surrender an infant shall surrender the infant in the manner described in this
10      subsection. Surrendering the infant in the manner described in this subsection
11      constitutes abandonment for purposes of this chapter. An infant's parent is considered
12      to have abandoned the infant safely, and, notwithstanding AS 25.20.030 and
13      AS 47.10.120, the parent's legal duty to support the infant is extinguished if
14(1) the parent, without expressing an intent to return for the infant, leaves
15      the infant
16(A) in the physical custody of a person who
17(i) [IS A (A) PERSON] the parent reasonably believes
18would provide for the health and safety of the infant and who would act
19appropriately to care for the infant;
20(ii) is a [(B)] peace officer, community health aide,
21physician, or hospital employee; or
22(iii) [(C)     PERSON WHO] is employed by or is a
23volunteer for a fire department or emergency medical service, if the
24person is acting within the scope of the person's fire department or
25emergency medical service duties; or
26(B) in an infant safety device that
27(i) is physically affixed to an exterior wall or located
28inside of a hospital, emergency department, freestanding birth
29center as defined in AS 47.32.900, health facility as defined in
30AS 47.07.900 that is owned or managed by a tribal health
31organization as defined in AS 17.30.200(d), office of a private
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1physician, whether in individual or group practice, rural health
2clinic as defined in AS 47.32.900, municipal police department, state
3trooper post, or fire department; and
4(ii) meets the requirements of (h) of this section; and
5(2) there is no evidence the infant has been physically injured before
6abandonment.
7   * Sec. 4. AS 47.10.013(d) is amended to read:
8(d) A person to whom an infant is surrendered in the manner described in
9(c)(1)(A)(ii) or (iii) [(c)(1)(B) OR (C)] of this section shall
10(1) act appropriately to care for the infant;
11(2) inform the parent that the parent may, but is not required to, answer
12any questions regarding the name, identity, and medical history of the infant and parents
13of the infant unless the parent chooses to contact the department under (3) of this
14subsection;
15(3) ask the parent if the parent wishes to relinquish the parent's parental
16rights and release the infant for adoption; if the answer is affirmative, the person shall
17contact the department so that the parent can discuss that option with the department;
18(4) immediately notify the nearest office of the department that the infant
19has been surrendered in the manner described in (c)(1)(A)(ii) or (iii) [(c)] of this section.
20  * Sec. 5. AS 47.10.013(e) is amended to read:
21(e) An individual, agency, authorized facility, or entity that receives an infant
22abandoned safely under (c) of this section is not liable for civil damages for failure to
23discharge the duties listed in (d) of this section.
24  * Sec. 6. AS 47.10.013 is amended by adding new subsections to read:
25(g) An authorized facility that receives an infant surrendered under (c)(1)(B) of
26this section shall immediately notify the nearest office of the department that the infant
27has been surrendered under (c)(1)(B) of this section.
28(h) An infant safety device must be
29(1) located in an area that is conspicuous and visible to employees of an
30authorized facility;
31(2) climate-controlled;
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1(3) clearly marked with appropriate signage that includes
2(A) a statement that only a child less than 21 days old may be
3placed in the infant safety device;
4(B) a statement that the parent may surrender the infant in person
5to an employee inside an authorized facility;
6(C) a statement that the parent may call 911 to surrender the
7infant directly to an emergency services provider;
8(D) a statement that the parent may call 211 or another statewide
9service navigation provider to access resources related to family planning,
10human trafficking, and domestic violence; and
11(E) a statement or quick response barcode that directs the person
12to information regarding surrendering an infant as provided for under this
13subsection on the department's Internet website;
14(4) equipped with
15(A) a system that automatically transmits a request to the 911
16emergency system for the immediate dispatch of an emergency medical services
17provider to the location of the infant safety device when the infant safety device
18is opened;
19(B) a video surveillance system that allows employees of an
20authorized facility to monitor the interior of the infant safety device 24 hours a
21day; and
22(C) an automated lock that secures the infant inside the infant
23safety device after deposit;
24(5) installed, operated, and maintained according to the manufacturer's
25 guidelines and department regulations; and
26(6) inspected upon installation and annually by the manufacturer or
27 manufacture's designee and inspected monthly by the authorized facility in which it is
28 installed; inspections under this paragraph must be logged by the authorized facility and
29 must include testing of the device's alarms, cameras, climate control system, and locks.
30(i)   The department may provide training to emergency medical service
31 providers, 911 operators, hospital staff, firefighters, law enforcement officers, and
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1employees of an authorized facility in how to implement and comply with the
2requirements for the surrender of an infant as described in this section.
3(j) If the department determines that an infant abandoned under (c)(1)(B) of this
4section is an Indian child, the department shall immediately contact the Indian child's
5tribe.
6(k) In this section, "authorized facility" means a facility described in (c)(1)(B)(i)
7of this section that has an infant safety device located at the facility.
8  * Sec. 7. This Act takes effect July 1, 2026.
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