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