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Rule 19. Review and Extension of Disposition Orders.
(a) Annual Review. The court shall review its disposition order annually. The review will take place without a hearing on the basis of written reports, statements and affidavits unless an evidentiary hearing is requested by a party or ordered by the court on its own motion. The Department shall serve the parties with copies of the reports, statements and affidavits submitted to the court for its annual review together with a notice of their right to submit statements, affidavits or other evidence to the court and notice of their right to request an evidentiary hearing within 20 days of service.
(b) Review Upon Application. A party may apply for review of a disposition order at any time. The court shall order an evidentiary hearing to review the disposition upon a showing of good cause by a party or on its own motion. Notice by a party that there is reason to believe that the Department has not followed the placement preferences of AS 47.10.230 or, in the case of an Indian child, of 25 U.S.C. Section 1915, constitutes good cause for purposes of this paragraph.
(c) Notice - Indian Child. In cases involving an Indian child, notice of an evidentiary hearing held under paragraphs (a) or (b) of this rule must be given to the child's tribe and Indian custodian, even if the tribe or Indian custodian has not intervened in the case.
(d) Findings. In any review conducted under paragraph (a) or (b) the court shall determine whether the child continues to be a child in need of aid and whether continued custody or supervision by the Department is in the best interests of the child. If the child is not returned home at the review, the court shall enter further findings as to the following:
(1) whether, under the circumstances of the case, reasonable efforts were made, or are being made, to make it possible for the child to return to the home;
(2) what services were utilized by the parents to make it possible to return the child to the home;
(3) what additional services are needed to make it possible to return the child to the home and, in the case of a child who has attained age 16, what additional services are needed to assist the child to make the transition from foster care to independent living;
(4) whether there is a case plan in effect which establishes one of the following:
(A) whether the child should be returned to the home or continue in foster case for a specified period;
(B) whether the child should be placed for adoption or guardianship;
(C) whether the child should, because of the child's special needs or circumstances, be continued in foster or relative care on a long-term or permanent basis.
(e) Extension of Custody or Supervision.
(1) Petition. The Department may file a petition for an extension of the commitment to custody or supervision no later than thirty days prior to the expiration of the existing disposition order. The Department shall notice a hearing on the petition. The child and the child's parents or guardian must be advised of their rights to an attorney and guardian ad litem at the extension hearing. In cases involving an Indian child, notice of the hearing must be given to the child's tribe and Indian custodian, even if the tribe or Indian custodian has not intervened in the case.
(2) Extension of Custody or Supervision. At the conclusion of the hearing the court shall determine whether the child continues to be a child in need of aid and whether continued custody or supervision by the Department is in the best interests of the child.
(3) Report. The Department shall submit a written report comparable to the annual review report and make it available to all persons entitled to receive it ten days prior to the extension hearing, unless a different time period is ordered.
(4) Status Pending Decision. If the court is unable to decide the extension petition before expiration of the existing disposition order, the court may extend custody or supervision for a reasonable time pending a decision on the extension petition.
(f) Continuing Custody Pending Return. The court may not continue or extend state custody or supervision of the child unless the court finds that the child continues to be a child in need of aid. However, if the court does not find that the child continues to be a child in need of aid but finds that immediate reunification would be detrimental to the child, the court may establish a specific timetable for gradual reunification of the family and termination of state custody or supervision.
(SCO 845 effective August 15, 1987; amended by SCO 916 effective January 15, 1989; by SCO 958 effective July 15, 1989; by SCO 983 effective January 15, 1990; by SCO 1010 effective January 15, 1990; by SCO 1072 effective January 15, 1992; and by SCO 1085 effective January 15, 1992)
Cross References
CROSS REFERENCES: AS 47.10.080(c), (f); AS 47.10.081; AS 47.10.082; AS 47.10.083; AS 47.10.100; 25 U.S.C. Sections 1912 and 1915.
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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
