HB 392: "An Act relating to continuances for temporary placement hearings that follow emergency custody of a minor; and amending Rule 10, Alaska Child in Need of Aid Rules."
00HOUSE BILL NO. 392 01 "An Act relating to continuances for temporary placement hearings that follow 02 emergency custody of a minor; and amending Rule 10, Alaska Child in Need of 03 Aid Rules." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 47.10.142(d) is amended to read: 06 (d) The court shall immediately, and in no event more than 48 hours after 07 being notified unless prevented by lack of transportation, hold a temporary placement 08 hearing at which the minor, if the minor's health permits, and the minor's parents or 09 guardian, if they can be found, shall be permitted to be present. If present at the 10 hearing, a parent or guardian of the minor may request a continuance of the 11 hearing for up to seven calendar days for the purpose of preparing a response to 12 the allegation that the minor is a child in need of aid. The court may grant the 13 request on a showing of good cause for why the parent or guardian is not 14 prepared to respond to the allegation. During a continuance, the minor remains
01 in the emergency custody of the department. The court may not grant more than 02 one continuance before a temporary placement hearing is held. When the 03 temporary placement hearing is held, the [THE] court shall determine whether 04 probable cause exists for believing the minor to be a child in need of aid, as defined 05 in AS 47.10.990. The court shall inform the minor, and the minor's parents or 06 guardian if they can be found, of the reasons given as constituting probable cause and 07 the reasons given as authorizing the minor's temporary placement. 08 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section 09 to read: 10 DIRECT COURT RULE AMENDMENT. Rule 10(a), Alaska Child in Need of Aid 11 Rules, is amended to read: 12 (a) Time of Hearing. At the request of the petitioner, the court shall schedule 13 a temporary custody hearing: 14 (1) within 48 hours, including weekends and holidays, of when the 15 court is notified by the filing of a petition that emergency custody was taken pursuant 16 to CINA Rule 6(a) or (b); on request of a parent or guardian who is present at the 17 hearing and a showing of good cause for why the parent or guardian is not 18 prepared to respond to the petition, the court may grant a continuance of the 19 hearing for up to seven calendar days; or 20 (2) within a reasonable time following the filing of a petition when 21 emergency custody has not been taken. 22 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section 23 to read: 24 DIRECT COURT RULE AMENDMENT. Rule 10(b)(2), Alaska Child in Need of Aid 25 Rules, is amended to read: 26 (2) Advice of Rights. The court shall advise the parties of their right 27 to counsel, including the right to court-appointed counsel if applicable; the child's right 28 to a guardian ad litem; their right to a hearing at which the state is required to present 29 evidence to prove the allegations in its petition; their right to confront and cross- 30 examine witnesses at such a hearing, to present witnesses on their own behalf, and to 31 compulsory process to compel these witnesses to attend; and their privilege against self-incrimination. In cases
01 involving an Indian child, the court shall also advise the parties of an 02 Indian custodian's or tribe's right to intervene. If the hearing is being held because 03 emergency custody was taken pursuant to CINA Rule 6(a) or (b), the court shall also 04 advise the child's parents or guardian, if they are present at the hearing, that they have 05 the right to request a continuance of the hearing for up to seven calendar days if they 06 are not prepared to respond to the allegation that the child is a child in need of aid. 07 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section 08 to read: 09 INDIRECT COURT RULE AMENDMENT. AS 47.10.142(d), as amended by sec. 1 10 of this Act, amends Rule 10, Alaska Child in Need of Aid Rules, by providing for a 11 continuance of a temporary hearing that follows emergency custody of a child. 12 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section 13 to read: 14 APPLICABILITY. This Act applies to circumstances in which emergency custody of 15 a minor is taken by the state on or after the effective date of this Act.