Enrolled SB 288: Relating to temporary custody hearings, and to certain determinations concerning placement of a child in child-in-need-of-aid proceedings; and providing for an effective date.
00Enrolled SB 288 01 Relating to temporary custody hearings, and to certain determinations concerning placement 02 of a child in child-in-need-of-aid proceedings; and providing for an effective date. 03 _______________ 04 * Section 1. AS 47.10.142(d) is amended to read: 05 (d) The court shall immediately, and in no event more than 48 hours after 06 being notified unless prevented by lack of transportation, hold a temporary custody 07 hearing at which the child, if the child's health permits, and the child's parents or 08 guardian, if they can be found, shall be permitted to be present. If present at the 09 hearing, a parent or guardian of the child may request a continuance of the hearing for 10 the purpose of preparing a response to the allegation that the child is a child in need of 11 aid. The court may grant the request on a showing of good cause for why the parent or 12 guardian is not prepared to respond to the allegation. During a continuance, the child 13 remains in the temporary legal [EMERGENCY] custody of the department, except
01 as otherwise provided in this subsection. At the first hearing under this 02 subsection, regardless of whether a continuance is granted, the court shall make a 03 preliminary determination of whether continued placement in the home of the 04 child's parent or guardian would be contrary to the welfare of the child. If a 05 court determines that continued placement in the home of the child's parent or 06 guardian would not be contrary to the welfare of the child, the court shall return 07 the authority to place the child to the child's parent or guardian pending a 08 temporary custody hearing under (e) of this section [. WHEN THE 09 TEMPORARY CUSTODY HEARING IS HELD, THE COURT SHALL 10 DETERMINE WHETHER PROBABLE CAUSE EXISTS FOR BELIEVING THE 11 CHILD TO BE A CHILD IN NEED OF AID, AS DEFINED IN AS 47.10.990. THE 12 COURT SHALL INFORM THE CHILD, AND THE CHILD'S PARENTS OR 13 GUARDIAN IF THEY CAN BE FOUND, OF THE REASONS GIVEN AS 14 CONSTITUTING PROBABLE CAUSE AND THE REASONS GIVEN AS 15 AUTHORIZING THE CHILD'S TEMPORARY PLACEMENT]. 16 * Sec. 2. AS 47.10.142(e) is amended to read: 17 (e) When the temporary custody hearing is held, the court shall 18 determine whether probable cause exists for believing the child to be a child in 19 need of aid, as defined in AS 47.10.990. If the court finds that probable cause exists, 20 it shall order the child [MINOR] committed to the department for temporary 21 placement, or order the child [MINOR] returned to the custody of the child's 22 [MINOR'S] parents or guardian, subject to the department's supervision of the child's 23 [MINOR'S] care and treatment. The court shall inform the child, and the child's 24 parents or guardian if they can be found, of the reasons for finding probable 25 cause, authorizing the child's temporary placement, and, if applicable, finding 26 that continued placement in the home of the child's parents or guardian would be 27 contrary to the welfare of the child. If the court finds no probable cause, it shall 28 order the child [MINOR] returned to the custody of the child's [MINOR'S] parents or 29 guardian. 30 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
01 APPLICABILITY. The changes made in secs. 1 and 2 of the Act apply to emergency 02 custody and temporary placement hearings under AS 47.10 conducted on or after the effective 03 date of this Act. 04 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).