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Rule 7. Petition for Adjudication- Petition for Temporary Custody-Summons.
(a) Petition. Formal proceedings may be commenced by the filing of either a petition for adjudication or a petition for temporary custody. Either petition must be verified and must contain a statement of facts which alleges that the child is a child in need of aid under AS 47.10.010(a). If the child is believed to be an Indian child, the petition must so state and must state, if known, the Indian child's tribe. If the proceeding was commenced by a petition for temporary custody, a petition for adjudication must be filed within a reasonable time before an adjudication hearing is held.
(b) Notice of Hearing. The Department shall provide a copy of the petition, as well as actual notice of the time and place of the initial hearing and of the parties' right to counsel, to the parents, guardian and Indian custodian if these parties can be found after diligent efforts. If an Indian child is taken into emergency custody, the Department shall make reasonable efforts to ascertain and provide actual notice to the child's tribe before the temporary custody hearing.
(c) Summons. The court shall issue a summons to be served with the petition on the child, parents, guardian and guardian ad litem. If the summons and petition are not contained in one document, the petition must be attached to and incorporated by reference into the summons. The summons must contain a statement advising the parties of their right to counsel.
(d) Service of Petition and Summons. The petition and summons must be served pursuant to Civil Rule 4 or in any other manner in which the court directs. The child's summons must be served on the child's guardian ad litem, attorney or social worker. This person must deliver the summons to the child if the child is of an appropriate age. The court may appoint employees of the Department or any other competent person to serve the summons and petition. Inability to obtain service on any party does not deprive the court of jurisdiction.
(e) Notice in Cases Involving an Indian Child.
(1) If there is reason to believe that the child is an Indian child, the Department shall give notice to the child's parents, Indian custodian, and to any tribe that may be the child's tribe, of their rights under the Indian Child Welfare Act. This notice must be personally served or sent by certified mail with return receipt requested. If the identity or location of the parents or Indian custodian or tribe cannot be determined, notice that would otherwise have been sent to the missing persons or tribe must be given to the appropriate area office of the Bureau of Indian Affairs.
(2) The notice of rights under the Indian Child Welfare Act must contain the following information:
(A) The name of the Indian child.
(B) The child's tribal affiliation, if known. If notice is being sent to more than one tribe, a statement of all tribes being notified must be included.
(C) A copy of the petition.
(D) The location, mailing address, and telephone number of the court, and the time and place of the next hearing, if known.
(E) A statement of the right of the Indian custodian and the tribe to intervene in the proceeding.
(F) A statement that if the parents are unable to afford counsel, counsel will be appointed to represent them.
(G) A statement of the rights of the parents, Indian custodian or the tribe to have, on request, up to 30 days to prepare for the adjudication hearing.
(H) A statement of the potential legal consequences of an adjudication on the rights of the parents or Indian custodian.
(I) A statement that child custody proceedings are conducted on a confidential basis and that tribal officials are required to keep confidential the information contained in the notice and not reveal it to anyone who does not need the information in order to exercise the tribe's rights.
(f) Dismissal. The court may dismiss a petition at any time based on a finding of good cause consistent with the welfare of the child and the family.
(g) Amendment. A petition may be amended by leave of the court and with reasonable notice on all parties at any time before the adjudication order. Amendment with appropriate continuances will be permitted to promote the interests of justice and the welfare of the child and the family.
(SCO 845 effective August 15, 1987; amended by SCO 913 effective January 15, 1989; and by SCO 1265 effective July 15, 1997)
Cross References
CROSS REFERENCES: AS 47.10.020; AS 47.10.030; AS 47.10.142(a); 25 U.S.C. Section 1912.
PART IV. DISCOVERY, EVIDENCE, PROOF
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Copyright 1995-1999 by Touch N' Go Systems, Inc. All rights reserved. No copyright claim is made to the text of the rules.
Last Modified 7/14/1999
