Copyright 1995-1999 Touch N' Go Systems, Inc. All Rights Reserved. No claim made to official government works.
PART I. GENERAL PROVISIONS
Rule 1. Title-Scope-Construction- Situations Not Covered by the Rules.
(a) Title. These rules will be known and cited as the Child in Need of Aid Rules or the CINA Rules.
(b) Scope. These rules govern practice and procedure in the trial courts in all phases of child in need of aid proceedings brought under AS 47.10.010(a).
(c) Construction. These rules will be construed and applied to promote fairness; accurate fact-finding; the expeditious determination of children's matters; and the best interests of the child, including individualized care and treatment in the least restrictive placement, and the preservation of family life.
(d) Legal Effect of Rules. These rules are promulgated pursuant to Alaska constitutional authority granting rulemaking power to the Alaska supreme court. To the extent that the rules are inconsistent with a procedural provision of any Alaska statute not enacted for the specific purpose of changing a rule, these rules supersede the statute to the extent of the inconsistency.
(e) Civil Rules Applicable. Civil Rules 3(b) - (g), 4, 5, 6, 10, 11, 15, 42, 45(a) - (f), 46, 53, 59, 60, 61, 63, 76, 77, 81, and 90 apply to child in need of aid proceedings except to the extent that any provisions of these civil rules conflict with the Child in Need of Aid Rules.
(f) Situations Not Covered by These Rules. Where no specific procedure is prescribed by these rules, the court may proceed in any lawful manner, including application of the Civil Rules, applicable statutes, the Alaska and United States Constitutions or the common law. Such a procedure may not be inconsistent with these rules and may not unduly delay or otherwise interfere with the unique character and purpose of child in need of aid proceedings.
(SCO 845 effective August 15, 1987; amended by SCO 1265 effective July 15, 1997)
Cross References
CROSS REFERENCES: AS 22.15.100(8); AS 47.05.060; AS 47.10.082; AS 47.10.280; AS 47.10.290(1); Alaska Constitution, Art. IV Section 15.
These Court Rules were automatically converted to HTML (Hyper-Text Markup Language) format from electronic files provided by the Alaska Court System. Every effort has been made to ensure their accuracy, but neither Touch N' Go Systems, Inc., The Alaska Legal Resource Center, nor the Law Offices of James B. Gottstein are responsible for their accuracy or for any damages arising out of any possible inaccuracy. If any mistakes are found, please let us know at one of the addresses listed below.
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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
