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Rule 13. Decree of Termination.
(a) Voluntary Relinquishment. A decree terminating parental rights may be entered after a voluntary relinquishment pursuant to AS 25.23.180. The court shall enter findings of fact which must include a statement concerning whether visitation rights are being allowed under AS 25.23.130(c) and whether the time limit for withdrawal of the relinquishment has elapsed. If the relinquishment was signed in the presence of the court, findings also must be entered as to whether the parent understood the consequences of the relinquishment, and whether the relinquishment was voluntarily signed.
In the case of a voluntary relinquishment of parental rights to an Indian child, the court shall make additional findings concerning whether any notice required by Rule 10(e) was timely given; whether the relinquishment was voluntary and in compliance with the requirements of 25 U.S.C. Section 1913; and whether the child's placement complies with the preferences set out in 25 U.S.C. Section 1915 or good cause exists for deviation from the placement preference.
(b) Involuntary Termination of Parental Rights. Proceedings for the involuntary termination of parental rights in conjunction with adoption proceedings must comply with CINA Rule 18, except as otherwise provided by AS 25.23.180(c)(2) and (3). 25 U.S.C. Section 1912 also applies to all involuntary termination proceedings involving an Indian child.
(SCO 972 effective January 15, 1990; amended by SCO 1276 effective July 15, 1997)

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Last Modified 7/14/1999