00                            HOUSE BILL NO. 261                                                                          
01 "An Act relating to the standards that must be used for terminating parental rights; and                                
02 amending Rule 18(c), Alaska Child in Need of Aid Rules of Procedure."                                                   
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 47.10.088(a) is amended to read:                                                                  
05            (a)  Except as provided in AS 47.10.080(o), the rights and responsibilities of                               
06       the parent regarding the child may be terminated for purposes of freeing a child for                              
07       adoption or other permanent placement if the court finds                                                          
08                 (1)  by clear and convincing evidence that                                                              
09                      (A)  the child has been subjected to conduct or conditions                                         
10            described in AS 47.10.011; and                                                                               
11                      (B)  the parent                                                                                    
12                           (i)  has not remedied the conduct or conditions in the                                        
13                 home that place the child at substantial risk of harm; or                                               
14                           (ii)  has failed, within a reasonable time, to remedy the                                     

01                 conduct or conditions in the home that place the child in substantial                                   
02                 risk;                                                                                               
03                 (2)  by evidence beyond a reasonable doubt, including testimony of                                  
04       qualified expert witnesses, that the continued custody of the child by the parent is                          
05       likely to result in serious [SO THAT RETURNING THE CHILD TO THE PARENT                                        
06       WOULD PLACE THE CHILD AT SUBSTANTIAL RISK OF] physical or mental                                                  
07       injury; and                                                                                                       
08                 (3) [(2)]  by preponderance of the evidence that the department has                                 
09       complied with the provisions of AS 47.10.086 concerning reasonable efforts.                                       
10    * Sec. 2.  AS 47.10.088(b) is amended to read:                                                                     
11            (b)  In making a determination under (a)(1)(B) or (2) of this section, the court                         
12       may consider any fact relating to the best interests of the child, including                                      
13                 (1)  the likelihood of returning the child to the parent within a                                       
14       reasonable time based on the child's age or needs;                                                                
15                 (2)  the amount of effort by the parent to remedy the conduct or the                                    
16       conditions in the home;                                                                                           
17                 (3)  the harm caused to the child;                                                                      
18                 (4)  the likelihood that the harmful conduct will continue; and                                         
19                 (5)  the history of conduct by or conditions created by the parent.                                     
20    * Sec. 3.  The uncodified law of the State of Alaska is amended by adding a new section to                         
21 read:                                                                                                                   
22       INDIRECT COURT RULE AMENDMENT.  AS 47.10.088(a), as amended by sec. 1                                             
23 of this Act, has the effect of amending Rule 18(c), Alaska Child in Need of Aid Rules of                                
24 Procedure, by changing the standards that must be met before parental rights may be                                     
25 terminated.