- Alaska Statutes.
- Title 47. Welfare, Social Services and Institutions
- Chapter 17. Child Protection
- Section 35. Duties of Department in Domestic Violence Cases.
previous: Section 33
. Investigations and Interviews.
next: Section 40
. Central Registry; Confidentiality.
AS 47.17.035. Duties of Department in Domestic Violence Cases.
- (a) In consultation with the Council on Domestic Violence and Sexual Assault, the department shall develop written
procedures for screening reports of harm for abuse and neglect of a child to assess whether there is domestic violence
occurring within the family. The procedures must include the following factors:
- (1) inquiry concerning the criminal records of the parents or of the alleged abusive or neglectful person or the alleged
perpetrator if not the parent of the child; and
- (2) inquiry concerning the existence of protective orders issued or filed under AS 18.66.100
- 18.66.180 involving either parent as a petitioner
- (b) If the department determines in an investigation of abuse or neglect of a child that
- (1) the child is in danger because of domestic violence or that the child needs protection as a result of the presence of
domestic violence in the family, the department shall take appropriate steps for the protection of the child; in this
paragraph, "appropriate steps" includes
- (A) reasonable efforts to protect the child and prevent the removal of the child from the parent or guardian who is not a
domestic violence offender;
- (B) reasonable efforts to remove the alleged domestic violence offender from the child's residence if it is determined
that the child or another family or household member is in danger of domestic violence; and
- (C) services to help protect the child from being placed or having unsupervised visitation with the domestic violence
offender until the department determines that the offender has met conditions considered necessary by the department to
protect the safety of the domestic violence victim and household members;
- (2) a person is the victim of domestic violence, the department shall provide the victim with a written notice of the
rights of and services available to victims of domestic violence that is substantially similar to the notice provided
to victims of domestic violence under AS 18.65.520.
- (c) For purposes of obtaining access to information needed to conduct the inquiries required by (a) (1) and (2) of this
section, the department is a criminal justice agency conducting a criminal justice activity.
- (d) A person may not bring a civil action for damages for a failure to comply with the provisions of this section.
- (e) In this section,
- (1) "criminal justice activity" has the meaning given in AS 12.62.900;
- (2) "criminal justice agency" has the meaning given in AS 12.62.900
- (3) "domestic violence" has the meaning given in AS 18.66.990
All content © 2008 by Touch
N' Go/Bright Solutions, Inc.
Note to HTML Version:
This version of the Alaska Statutes is current through December, 2007. The Alaska Statutes were automatically converted to HTML from a plain text format. Every effort has been made to ensure their accuracy, but this can not be guaranteed. If it is critical that the precise terms of the Alaska Statutes be known, it is recommended that more formal sources be consulted. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature
If any errors are found, please e-mail Touch N' Go systems at E-mail. We
hope you find this information useful.