An Act relating to disclosure of information about certain children; and amending Rule 22, Alaska child in Need of Aid Rules

Updated: February 1, 1999

House Bill 15 allows foster parents to speak to public officials (i.e., legislators, legislative staff, ombudsman, etc.) about a foster child and enables the foster parent to disclose to that public official confidential information about the foster child. That information must then be treated as confidential by the public official.

Legislative counsel was asked in August of 1998 if a foster parent could legally disclose confidential information about a foster child to a legislator. The answer was: "There are no Alaska Statutes that allow a foster parent to disclose this kind of confidential information to a legislator." While there are exceptions in the statute for parents and legal guardians (AS 47.10.092), no such exception is available for foster parents.

It is difficult to describe this matter because I wish to keep the name of the constituent (a foster parent) confidential and I cannot fully describe the situation without giving identifying clues. My constituent was concerned about the reunification plan in place for a foster child. Despite the foster parent's best efforts to work with the Department of Health and Social Services, Division of Family & Youth Services, the foster parent was being told that all was fine with the reunification plan, which called for the foster child to be back in the natural parents home in short order. The foster parent had information that some of the problems which caused the foster child to be placed in foster care were not solved. The state staff at the Department and the Division did not fully investigate these concerns until such time as other state agencies got involved. In other words, the Division and the Department ignored the foster parent. The concerns raised by the foster parent were valid. In the end, the reunification plan did not go forward.

The foster parent did breach confidentiality by contacting legislators; however, the nature of the situation and the lack of investigation by the Department and the Division forced my constituent into a sad position -- one that could cause her to lose her foster parent credentials. House Bill 15 will allow a foster parent to discuss such matters concerning the foster child with a legislator; the foster parent, under this proposal, will still not be able to discuss the family of the foster child with a public official.

I would encourage your support of this legislation.