CSHB 339(JUD) AM: "An Act relating to children-in-need-of-aid proceedings; relating to the termination of parental rights of incarcerated parents; and providing for an effective date."
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).