HB 10 Summary

• Establishes that "active efforts" (rather than "reasonable efforts") must be made by the Department of Health and Social Services to provide remedial services and rehabilitative programs to prevent child removal or facilitate safe family reunification.

• Requires clear and convincing evidence, including qualified expert witness testimony, that a child would suffer serious emotional or physical damage if returned to parents' custody before removal or continued out-of-home placement can be ordered.

• Applies Indian Child Welfare Act standards (25 U.S.C. 1901-1963) to determine "emotional damage" in all child-in-need-of-aid cases, regardless of whether the child is Native American.

• Changes terminology throughout statute from "substantial risk" to "serious risk" and "mental injury" to "emotional damage" to align with federal Indian Child Welfare Act language.

• Amends Alaska Child in Need of Aid Rules of Procedure regarding emergency custody, temporary placement hearings, permanency hearings, and termination of parental rights proceedings to implement heightened evidentiary standards and active efforts requirements.