ALASKA

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WHO:        ANY person MAY report reasonable cause to suspect a child was harmed. This includes mandatory reporters outside of occupational capacities.  [Stat. § 47.17.020]

These are mandatory (MUST) report: • Practitioners of the healing arts (including chiropractors, mental health counselors, social workers, dentists, dental hygienists, health aides, nurses, nurse practitioners, certified nurse aides, occupational therapists, occupational therapy assistants, optometrists, osteopaths, naturopaths, physical therapists, physical therapy assistants, physicians, physician assistants, psychiatrists, psychologists, psychological associates, audiologists, speech-language pathologists, hearing aid dealers, marital and family therapists, religious healing practitioners, acupuncturists, and surgeons) or administrative officers of institutions (including public and private hospitals or other facilities for medical diagnosis, treatment or care) • Teachers and school administrators, including athletic coaches, of public and private schools • Child care providers (including foster parents, day care providers and paid staff) • Paid employees of domestic violence and sexual assault programs, and crisis intervention and prevention programs as defined in AS 18.66.990; • Paid employees of organizations that provide counseling or treatment to individuals seeking to control their use of drugs or alcohol • Peace officers or officers of the Department of Corrections • Administrative officers of institutions • Persons who process or produce visual or printed matter, either privately or commercially • Members of a child fatality review team (established under AS 12.65.015 (e) or 12.65.120) or the multidisciplinary child protection team (created under AS 47.14.300) • Volunteers who interact with children in a public or private school for more than 4 hours a week  [Stat. §§ 47.17.020; 47.17.023; https://dfcs.alaska.gov/ocs/Pages/childrensjustice/reporting/who.aspx] 

·       NOTE: The mandate is limited to observations made while reporters practice their professions. The mandate does not cover observations made outside of work.

·       REPORTING STANDARDS:  [Stat. §§ 47.17.020; 47.17.023]  “Child” means under age 18.  [Stat. §§ 25.20.010; 47.17.290(2)]  Federal reporting standards for Native American / Alaska Native children include where actions would be expected to result in abuse. See Native American section.

(1)   Mandated reporters: in performance of occupational or appointed duties, have reasonable cause to suspect a child suffered harm as a result of abuse or neglect.

(2)   A person providing private or commercial services for film, photo, computer, Internet, cell phone, etc.: in the process, s/he observes a film, photo, picture, computer file, image, or other matter and has reasonable cause to suspect that it visually depicts a child engaged in sexual exploitation or child porn.

(3)   Any other person – and mandated reporters if cases come to their attention in NON-occupational capacities: reasonable cause to suspect a child has been harmed. [Stat. § 47.17.020]

·        PRIVILEGE:  Physician-patient and husband-wife privilege do not exclude evidence in a report as to harm or its cause, from judicial proceedings.  [Alaska Stat. § 47.17.060]

WHEN:      Mandatory reports MUST be IMMEDIATE: as soon as reasonably possible; and at latest no more than 24 hrs. [Stat. §§ 47.17.020(7); 47.17.023]

WHERE & HOW:  Dept. of Health & Social Services (DHSS) at its Office of Children’s Services (OCS):  Call the 24/7 hotline 1-800-478-4444 or email ReportChildAbuse@alaska.gov; (Or reports may be faxed to 1-907-269-3939, but this number is not listed in training for mandated reporters). See: https://dfcs.alaska.gov/ocs/Pages/childrensjustice/reporting/report.aspx [Stat. §§ 47.17.020; 47.17.023; http://training.dhss.alaska.gov/mandatoryreporter/training/multiscreen.html]

·       IF IMMEDIATE ACTION is needed for the child’s well-being, AND a reporter cannot reasonably contact the OCS, s/he MUST report to a peace officer (dial 911) and take whatever actions to help that wouldn’t put him/herself in danger.

·       IF OCS cannot be reached, contact the area’s law enforcement agency (LEA): (1) municipal police in an urban area; (2) Alaska state troopers, in areas covered only by them; (3) BOTH (a) troopers covering a village AND (b) its local law enforcement (Village Public Safety Officers (VPSOs) & Village Police Officers (VPOs)), if it has both. For a law enforcement directory, see: https://www.usacops.com/ak/ .

·       For suspected SEXUAL ABUSE, report to both the hotline AND law enforcement.  [https://dfcs.alaska.gov/ocs/Pages/childrensjustice/reporting/report.aspx]

·       For suspected CHILD PORN the report MUST be made immediately to the nearest law enforcement agency with all known information about the porn’s nature and origin (see the paragraph above for which LEA to contact and directory information.

·       INSTITUTIONS: Mandated reporters must report (personally) to OCS as required by law, regardless of whether the reporter’s employer requires reporting child abuse or neglect or not to a job supervisor or other individual. [Stat. § 47.17.020(g)]

·       For an INFANT (<12 months) affected by or withdrawing from a controlled substance or alcohol, a mandatory medical reporter who finds this MUST immediately notify OCS as above unless it was lawfully taken under a prescription.  [Stat. § 47.17.024]

OTHER ASPECTS

·       REPORT DETAILS:  include as much as possible for: (a) child’s name, age, birth date, gender, ethnic heritage/race, & current address; (b) child’s current location; (c) & (d) names, addresses (or here and below: description and location if there is no house number or the address is unknown), & phone numbers of parents, siblings and other significant relatives; (e) child’s Tribal affiliation if Alaska Native or American Indian heritage; (f) abuse’s type, frequency, & severity; (g) what incident or situation prompted / led to the report; (h) child’s current condition; (i) names, addresses & phone numbers of suspected perpetrator(s); (j) any action by reporter or others; (k) reporter’s name, address, & phone number [reports may be anonymous, but mandatory reporters must give their name and contact info for reporting verification]; (l) names of individuals who may have more info; (m) dates of abuse or neglect, & whether the reporter witnessed it; (n) names, addresses & phone numbers of others who know of the incident / situation; (o) any concern for immediate safety in the home; (p) whether the reporter told the family s/he’d report (telling them is NOT required); (q) whether the reporter wants the family to be given his/her name; & (r) copies of any documents that support the reported facts.  [https://dfcs.alaska.gov/ocs/Pages/childrensjustice/reporting/report.aspx#need]

·       CAUTIONS: (a) don’t investigate the situation; (b) don’t question the child about abuse; (c) report the child’s exact words, if any; (d) don’t bargain with the child; (e) don’t report where others can overhear; (f) don’t share the report info with others in the community; and (g) don’t promise the child to keep information they share as a secret. [https://dfcs.alaska.gov/ocs/Pages/childrensjustice/reporting/report.aspx#need]

·       REPORTER PROTECTION;  (1) The statute does not require a reporter to identify him/herself; intake does for a mandatory reporter. (2) (State) disclosure of a reporter’s identity is not addressed in statutes reviewed.  (3) A report in good faith is immune from civil or criminal liability but: (a) a knowingly untimely report loses immunity as to the delay; and (b) the abuse or neglect at issue has no immunity.  [Stat. § 47.17.050]

WHY:        A person who fails to comply (i.e., when mandated) to report child abuse or neglect of child porn, and who knew or should have known that the circumstances gave rise to the need for a report, is guilty of a class A misdemeanor.  [Stat. § 47.17.068]  Intentionally false reports are forwarded to the State’s attorney or law enforcement, and may also be civilly liable.  [http://dhss.alaska.gov/ocs/Pages/childrensjustice/reporting/after.aspx]  

WHAT:      Alaska defines abuse or neglect to include any of physical injury or neglect, mental injury, sexual abuse, sexual exploitation, or maltreatment. [Stat. § 47.17.290(3)]

Initial Screening Criteria: (1) OCS screens for urgency (and need for police involvement) as to: (a) harm by someone who is not responsible for the child’s welfare; (b) inability to determine who did the harm or whether they have responsibility for the child’s welfare; or (c) possible criminal conduct, or abuse or neglect that results in the child needing medical treatment. (2) Law enforcement agencies screen initial reports for: harm to a child from abuse.  [Stat. §§ 47.17.020; 47.17.025; 47.17.030]

Reportable: Alaska has two systems for who is reportable: (1) a federal rule for Native American / Alaskan Native persons and lands; (2) a state statute. Until recently a state social services (DHSS) website claimed to operate by a third system, in which Alaska legal definitions followed the federal CAPTA rule, but since then DHSS has been reorganized. [https://dhss.alaska.gov/health/Commissioner/Documents/reorganization/ACT_QA.pdf

For Native American / Alaskan Native persons and lands: see the Native American section of this Digest.

Under Alaska state statutes: (1) anyone as to physical injury, mental injury, sexual abuse, sexual exploitation, or sex-related maltreatment and (2) a person responsible for the child’s welfare (see definition below) as to neglect and maltreatment.  Whether anyone else may be reportable for non-sexual maltreatment may depend on the circumstances.  [cf. Stat. § 47.17.290] 

·        Person Responsible for the Child's Welfare includes: (a) the child's parent, guardian, or foster parent; (b) the person responsible for the child's care at the time of the alleged child abuse or neglect; and (c) the person responsible for the child's welfare in a public or private residential agency or institution.  [Stat. § 47.17.290(13)]

Abuse or Neglect is (a) abuse by physical injury or neglect, mental injury, sexual abuse, sexual exploitation, or maltreatment of (b) a child by (c) a person under (d) circumstances that harm or threaten the child's health or welfare.  [Stat. § 47.17.290]

(A)     Physical Injury: The statute does not define injury or who does it.  [Stat. § 47.17.290]

(1)     DHSS defines physical injury as (a) nonaccidental (b) by a parent, caregiver, or another who has responsibility for the child, (c) regardless of whether hurt was intended. Examples range from minor bruises to severe fractures or death. It may result from punching, beating, kicking, biting, shaking, throwing, stabbing, choking, hitting (with a hand, stick, strap, or other object), burning, or other harm.  [https://dfcs.alaska.gov/ocs/Pages/childrensjustice/reporting/know_pa.aspx]

(B)     Neglect is failure of someone responsible for the child's welfare to provide necessary food, care, clothing, shelter, or medical attention.  [Stat. § 47.17.290]

(1)     DHSS says needs that MUST be met are (a) physical (food, shelter, supervision), (b) medical (including mental health), (c) educational (including special needs), and (d) emotional (attention, psychological care, barring alcohol & [illicit] drug use.  [https://dfcs.alaska.gov/ocs/Pages/childrensjustice/reporting/know_neglect.aspx]

(2)     POVERTY IS NOT NEGLECT per se. Some families lack access to housing, utilities, food, or other necessities. And community standards, customs, and cultural conventions can differ dramatically from one home, town, or village to the next.  [https://dfcs.alaska.gov/ocs/Pages/childrensjustice/reporting/know_neglect.aspx]

(3)     AND when a family treats a child’s medical issues by PRAYER alone, a religious healing practitioner is NOT required to report it as neglect if the prayer is in accordance with tenets and practices of a recognized church or religious denomination by an accredited practitioner.  [Stat. § 47.17.020(d)]

(C)     Mental Injury is a serious injury with observable, substantial functional impairment in development, in a qualified expert opinion.  [Stat. § 47.17.290(10)]  Emotional abuse, exposure to family violence, and/or psychological maltreatment are in this category. [https://dfcs.alaska.gov/ocs/Pages/childrensjustice/reporting/know_mi.aspx]

(D)     Sexual abuse is listed by statute as sexual penetration or sexual contact.  [Stat. §§ 11.41.434 ff.; 47.17.290; 11.66.110]  

(1)     EXAMPLES [https://dfcs.alaska.gov/ocs/Pages/childrensjustice/reporting/know_sa.aspx]

(a)      #1: Adult (1) acts such as (1a) fondling a child’s genitals, (1b) penetration by objects, (1c) oral sex, (1d) incest, (1e) sexual assault, or (1f) indecent exposure, or (2) exploitation via (2a) prostitution or (2b) porn production.

(b)       #2:

(i)        PORN production by anyone: (a) Employs, uses, persuades, induces entices, or coerces a child to (b) engage (or assist) in (c) sexually explicit conduct or simulation, (d) for producing a visual depiction of it.

(ii)      Sexual ACTS by anyone: (a) rape; (b) statutory rape; (c) molestation; (d) prostitution; (e) incest; or (f) other sexual exploitation.

(iii)     Not limited by technicalities: ALL sexual activity between adult and child, even with NO (a) penetration, (b) force, (c) pain, or (d) touching.

(c)      #3: Sexual touching between children of very different: (i) age (different by at least 3 yrs); (ii) development; or (iii) size. 

(2)     CONTEXT: INCEST means that a person age 18 or more engages in sexual penetration with someone who is related – legitimately or not – as: (a) an ancestor or descendant of whole or half blood; (b) a brother or sister of whole or half blood; or (c) an uncle, aunt, nephew, or niece by blood.  [Stat. § 11.41.450(a)]

(3)     CONTEXT: ALASKA’s AGE OF CONSENT: is normally age 16 but the lowest age of consent is 13. Teenagers can consent to sex with someone no more than 3 years younger. This limits sexual partners to ages (shown in parentheses) for a child age: 13 (ages 13-16), 14 (ages 13-17), 15 (ages 13-18), 16 (ages 13 and up), 17 (ages 14 and up), 18 (ages 15 and up), 19 and over (ages 16 and up).  [Stat. §§ 11.41.434; 11.41.436(a); 11.41.438; 11.41.440; 11.41.455(a)] 

(4)     THERE IS NO CONSENT to an adult age 18 or more if the child is: (a) under age 18 and the adult is the natural parent, stepparent, adopted parent, or legal guardian; or (b) under age 16 and the adult is a household member with authority over him/her, or (c) under age 18 and the adult has a position of authority over him/her.  [Stat. §§ 11.41.434(a)(2); 11.41.436(a)(6); 11.41.440(a)(2)]

(a)      Position of Authority means an employer, youth leaders, scout leader, coach, teacher, counselor, school administrator, religious leader, doctor, nurse, psychologist, guardian ad litem, babysitter, or a substantially similar position, and a police officer or probation officer other than when the office is exercising custodial control over a minor.  [Stat. §§ 11.41.470(5)]

(E)     Sexual exploitation is any of:  [Stat. § 47.17.290] 

(1)     Knowingly inducing or employing a child under age 18 to engage in actual or simulated conduct – or photographing, filming, RECORDING, or televising it: (i) sexual penetration; (ii) lewd touching of another's genitals, anus, or breast; (iii) lewd touching by another person of the child's genitals, anus, or breast; (iv) masturbation; (v) bestiality; (vi) lewd exhibition of the child's genitals; or (vii) sexual masochism or sadism; or  [Stat. § 11,41.455(a)]

(2)     A parent, legal guardian, or person with custody or control of a child under age 18 PERMITTING him/her to engage in the conduct just described, knowing it is intended for use in [child porn].  [Stat. § 11,41.455(b)].

(3)     DHSS lists exploitation as: (i) trafficking [for unwilling sex], (ii) prostitution [for willing sex], (iii) producing porn, (iv) denying undressed privacy, & (v) etc.  [http://training.dhss.alaska.gov/mandatoryreporter/training/multiscreen.html]

(F)     Maltreatment is an act or omission – not necessarily by a parent, guardian, or custodian – such that circumstances justify reasonable suspicions that a child needs aid. EXAMPLES include: (a) a child living on his/her own for any reason; (b) a child without needed medical care; (c) a child receiving physical, mental or sexual harm or neglect, or who is without protection; (d) a parent incapacitated by alcohol, addiction, mental illness, or emotional disturbance; and (e) a parent, guardian, or custodian’s pressure, guidance or approval for law-breaking.  [Stat. §§ 47.17.290(19); 47.10.011]