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Rule 18. Termination of Parental Rights.
(a) Petition. The Department may file a petition seeking termination of parental rights combined with or after the filing of a petition for adjudication for that child as a child in need of aid. The title of the petition must clearly state that termination of parental rights is sought. A petition for termination of parental rights must be served as provided by CINA Rule 7(d).
(b) Nature of the Proceeding. The termination hearing is a disposition hearing to the court on the question of whether the parental rights to an adjudicated child in need of aid should be terminated. Upon a showing of good cause and with adequate notice to the parties, an adjudication hearing and a termination hearing may be consolidated. CINA Rule 17 applies to termination hearings except as this rule provides otherwise.
(c) Burden of Proof. Before the court may terminate parental rights, the Department must prove:
(1) by clear and convincing evidence that either the parental conduct that caused the minor to be adjudicated a child in need of aid is likely to continue unless parental rights are terminated, or the requirements of AS 25.23.180(c)(2) or (3) have been met; and
(2) in the case of an Indian child, by evidence beyond a reasonable doubt, including the testimony of qualified expert witnesses, that custody of the 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 evidence that the party requesting the termination of parental rights to an 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.
(d) Relinquishment.
(1) Notwithstanding other provisions of this rule, the court may terminate parental rights after a voluntary relinquishment pursuant to AS 25.23.180. In the case of an Indian child, the relinquishment must meet the requirements set forth in 25 U.S.C. Section 1913(c).
(e) Judgment. The court shall make findings of fact and enter a judgment at the conclusion of the termination hearing. The court shall commit the minor to the custody of the Department if parental rights are terminated. The Department shall report annually on efforts to find a permanent placement for the child.
(SCO 845 effective August 15, 1987; amended by SCO 982 effective January 15, 1990)
Cross References
CROSS REFERENCES: AS 25.23.180; AS 47.10.080; 25 U.S.C. Section 1913.
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Last Modified 7/14/1999
