00                            SENATE BILL NO. 162                                                                         
01 "An Act relating to the appointment of guardians ad litem for parents; relating to                                      
02 petitions for termination of parental rights; relating to the scope of the Alaska Adoption                              
03 Rules; and amending Rules 1 and 6, Alaska Adoption Rules."                                                              
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 25.23.125(b) is amended to read:                                                                   
06            (b)  The court may appoint a guardian ad litem or attorney, or both, under                                   
07       AS 25.24.310 for a minor who is to be adopted or for a minor whose parent is the                              
08       subject of a petition to terminate parental rights under AS 25.23.180(c).                                     
09    * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to                          
10 read:                                                                                                                   
11            DIRECT COURT RULE AMENDMENT. Rule 1(b), Alaska Adoption Rules,                                               
12       is amended to read:                                                                                               
13            (b)  Scope. These rules govern practice and procedure in the trial courts in all                           
14       phases of adoption proceedings and other proceedings brought under AS 25.23.010                               

01       through 25.23.240.                                                                                                
02    * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to                          
03 read:                                                                                                                   
04            DIRECT COURT RULE AMENDMENT. Rule 6(c), Alaska Adoption Rules,                                               
05       is amended to read:                                                                                               
06            (c)  Petition for Involuntary Termination. A petition for termination based                                
07       on the involuntary termination of parental rights pursuant to AS 25.23.180(c)(1)-(3)                              
08       that is filed in connection with an adoption proceeding or a proceeding under                                 
09       AS 47.10 must state, in addition to the information required by paragraph (a), the                            
10       specific statutory and factual basis of the claim that parental rights should be                                  
11       involuntarily terminated.                                                                                         
12    * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to                          
13 read:                                                                                                                   
14            DIRECT COURT RULE AMENDMENT. Rule 6, Alaska Adoption Rules, is                                               
15       amended by adding a new subsection to read:                                                                       
16            (e)  Petition for Termination; Independent Proceeding.                                                     
17                 (1)  A petition for termination based on the involuntary termination of                                 
18       parental rights under AS 25.23.180(c)(3) may be filed to initiate an independent                                  
19       proceeding not connected to a petition for adoption or a proceeding under AS 47.10. A                             
20       petition filed under this paragraph must include information substantially similar to the                         
21       information required under (a) and (c) of this rule, except that a petition filed under                           
22       this paragraph is not required to include the information described under                                         
23       AS 25.23.080(b)(3) and (5) - (8) and AS 25.23.090.                                                                
24                 (2)  In a petition for termination of parental rights under this paragraph,                             
25       the term                                                                                                          
26                      (A)  "person to be adopted" in AS 25.23.080(b) shall be                                            
27            interpreted to mean the person who was conceived as a result of an act                                       
28            described under AS 25.23.180(c)(3); and                                                                      
29                      (B)  "petitioner" in AS 25.23.080(b) shall be interpreted to                                       
30            mean the parent who was the victim of an act described under                                                 
31            AS 25.23.180(c)(3) that resulted in the conception of the person who is the                                  

01            subject of the petition.