HB 164: "An Act prescribing the rights of grandparents related to child-in-need-of-aid hearings; and amending Rules 3, 7, 10, 15, and 19, Alaska Child in Need of Aid Rules."
00 HOUSE BILL NO. 164 01 "An Act prescribing the rights of grandparents related to child-in-need-of-aid hearings; 02 and amending Rules 3, 7, 10, 15, and 19, Alaska Child in Need of Aid Rules." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 47.10.030(b) is amended to read: 05 (b) In all cases under this chapter, the child, each parent, the tribe, foster 06 parent or other out-of-home care provider, guardian, and guardian ad litem of the child 07 and, subject to (d) of this section, each grandparent of the child shall be given 08 notice adequate to give actual notice of the proceedings and the possibility of 09 termination of parental rights and responsibilities, taking into account education and 10 language differences that are known or reasonably ascertainable by the petitioner or 11 the department. The notice of the hearing must contain all names by which the child 12 has been identified. Notice shall be given in the manner appropriate under rules of 13 civil procedure for the service of process in a civil action under Alaska law or in any 14 manner the court by order directs. Proof of the giving of the notice shall be filed with
01 the court before the petition is heard. The court may also subpoena the parent of the 02 child, or any other person whose testimony may be necessary at the hearing. A 03 subpoena or other process may be served by a person authorized by law to make the 04 service, and, where personal service cannot be made, the court may direct that service 05 of process be in a manner appropriate under rules of civil procedure for the service of 06 process in a civil action under Alaska law or in any manner the court directs. 07 * Sec. 2. AS 47.10.030 is amended by adding a new subsection to read: 08 (d) The department shall give advance written notice of all court hearings in a 09 child's case to a grandparent of the child if 10 (1) the grandparent has contacted the department, provided evidence 11 acceptable to the department of being the child's grandparent, requested notice about 12 the hearings in the child's case, and provided the department with a current mailing 13 address; or 14 (2) the department is aware that the child has a grandparent and the 15 grandparent's mailing address is on file with the department. 16 * Sec. 3. AS 47.10.070(a) is amended to read: 17 (a) The court may conduct the hearing on the petition in an informal manner. 18 The court shall give notice of the hearing to the department, and it may send a 19 representative to the hearing. The court shall also transmit a copy of the petition to the 20 department. The department shall send notice of the hearing to the persons for whom 21 notice is required under AS 47.10.030(b) and to each grandparent of the child 22 entitled to notice under AS 47.10.030(d). The department and the persons to whom 23 the department must send notice of the hearing are entitled to be heard at the hearing. 24 However, the court may limit the presence of the foster parent or other out-of-home 25 care provider and of any grandparent of the child to the time during which the 26 person's testimony is being given if it is (1) in the best interest of the child; or (2) 27 necessary to protect the privacy interests of the parties and will not be detrimental to 28 the child. The public shall be excluded from the hearing, but the court, in its 29 discretion, may permit individuals to attend a hearing if their attendance is compatible 30 with the best interests of the child. 31 * Sec. 4. AS 47.10.080(f) is amended to read:
01 (f) A child found to be a child in need of aid is a ward of the state while 02 committed to the department or the department has the power to supervise the child's 03 actions. For an order made under (c)(1) of this section, the court shall hold a 04 permanency hearing as required by (l) of this section and at least annually thereafter 05 during the continuation of foster care to determine if continued placement, as it is 06 being provided, is in the best interest of the child. The department, the child, and the 07 child's parents, guardian, and guardian ad litem are entitled, when good cause is 08 shown, to a permanency hearing on application. If the application is granted, the court 09 shall afford these persons and their counsel reasonable advance notice and hold a 10 permanency hearing where these persons and their counsel shall be afforded an 11 opportunity to be heard. The persons entitled to notice under AS 47.10.030(b) and 12 the grandparents entitled to notice under AS 47.10.030(d) are entitled to notice of a 13 permanency hearing under this subsection and are also entitled to be heard at the 14 hearing. The child shall be afforded the opportunity to be present and to be heard at 15 the permanency hearing. After the permanency hearing, the court shall make the 16 written findings that are required under (l) of this section. The court shall review an 17 order made under (c)(2) of this section at least annually to determine if continued 18 supervision, as it is being provided, is in the best interest of the child; this review is 19 not considered to be a permanency hearing and is not governed by the provisions of 20 this subsection that relate to permanency hearings. 21 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 INDIRECT COURT RULE CHANGE. (a) AS 47.10.030, as amended by secs. 1 and 24 2 of this Act, AS 47.10.070(a), as amended by sec. 3 of this Act, and AS 47.10.080(f), as 25 amended by sec. 4 of this Act, have the effect of amending Rules 3, 7, 10, 15, and 19, Alaska 26 Child in Need of Aid Rules, by requiring that grandparents be given notice of and an 27 opportunity to be heard at certain child-in-need-of-aid proceedings. 28 (b) Sections 1 - 4 of this Act take effect only if this section receives the two-thirds 29 majority vote of each house required by art. IV, sec. 15, Constitution of the State of Alaska.