00CS FOR HOUSE BILL NO. 339(JUD) am                                                                                       
01 "An Act relating to children-in-need-of-aid proceedings; relating to the                                                
02 termination of parental rights of incarcerated parents; and providing for an                                            
03 effective date."                                                                                                        
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  PURPOSE.  The purpose of this Act is to respond to the Alaska Supreme                                  
06 Court's invitation in A.M. v. State of Alaska, 891 P.2d 815 (Alaska 1995) and Nada A. v. State                          
07 of Alaska, 660 P.2d 436 (Alaska 1983) to create a statutory basis for making incarceration a                            
08 factor that can be considered in termination proceedings concerning children in need of aid.                            
09    * Sec. 2.  AS 47.10.080 is amended by adding a new subsection to read:                                               
10  (o)  For purposes of terminating a parent's parental rights under the standards                                       
11 in (c)(3) of this section, the court may determine that incarceration of the parent is                                  
12 sufficient grounds for determining that a minor is a child in need of aid under                                         
13 AS 47.10.010(a)(2)(A) as a result of parental conduct and that the conduct is likely to                                 
14 continue if the court finds, based on clear and convincing evidence, that the                                           

01   (1)  period of incarceration that the parent is scheduled to serve during                                            
02 the child's minority is significant considering the child's age and the child's need for                                
03 an adult's care and supervision; and                                                                                    
04   (2)  parent has failed to make adequate provisions for care of the child                                             
05 during the period of incarceration that will be during the child's minority.                                            
06    * Sec. 3.  This Act takes effect immediately under AS 01.10.070(c).