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(a) Nature and Timing of the Hearing. The purpose of a disposition hearing is to determine the appropriate disposition of a child who has been adjudicated a child in need of aid. The disposition hearing may not be held before adequate information is available upon which to enter an informed disposition order. If the disposition is not held immediately following the adjudication, the court shall set a time for the disposition hearing, which will be held without unreasonable delay. The court shall order a predisposition report, and other studies, examinations or reports under CINA Rule 16 which are necessary for an informed disposition.
(b) Statements. The court shall allow the parties to make a statement in their own behalf and to offer evidence in aid of disposition at the hearing.
(c) Findings.
(1) A disposition order must be accompanied by findings of fact supporting the disposition order.
(2) In cases involving an Indian child, the court must make additional findings before removing the child from his or her parents or Indian custodian. The court must find, based on clear and convincing evidence, including the testimony of qualified expert witnesses, that custody of the Indian child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. The court must also find by a preponderance of the evidence that the party requesting removal of the Indian child has shown that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family, and that these efforts have proved unsuccessful.
(3) In any case in which the court has authorized the Department to remove the child from the child's home or continued a previous order for removal, the court shall make the findings required by CINA Rule 15(g).
(d) Termination of Parental Rights. A disposition hearing concerning the termination of parental rights is governed by CINA Rule 18.
(e) Evidence. Hearsay which is not otherwise admissible under a recognized exception to the hearsay rule may be admissible at the disposition hearing and in review of a disposition order if the hearsay is probative of a material fact, has circumstantial guarantees of trustworthiness, and the appearing parties are given a fair opportunity to meet it.
(SCO 845 effective August 15, 1987; amended by SCO 1010 effective January 15, 1990)
Cross References
CROSS REFERENCES: AS 47.10.010(a) and (c); AS 47.10.080(c); AS 47.10.081; AS 47.10.082; AS 47.10.083; 25 U.S.C. Sections 1912, 1915(b), (c), 1922.
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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
