00                              HOUSE BILL NO. 17                                                                          
01 "An Act relating to the right to demand a jury trial in certain cases involving                                         
02 termination of parental rights; amending Rules 18(e) and 18(g), Alaska Child in Need of                                 
03 Aid Rules of Procedure."                                                                                                
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  AS 47.10 is amended by adding a new section to read:                                                 
06            Sec. 47.10.007.  Right to demand jury trial in certain cases.  A party has the                             
07       right to demand a jury trial for a hearing under this chapter on a petition to terminate                          
08       parental rights.  If a hearing to adjudicate whether a child is a child in need of aid is                         
09       consolidated with a termination hearing, the right to trial by jury under this section                            
10       applies only to whether parental rights should be terminated after the court has                                  
11       adjudicated that the child is a child in need of aid.  In this section, "party" has the                           
12       meaning given in Rule 2, Alaska Child in Need of Aid Rules of Procedure.                                          
13    * Sec. 2.  The uncodified law of the State of Alaska is amended by adding a new section to                         
14 read:                                                                                                                   
01            DIRECT COURT RULE AMENDMENT.  Rule 18(e), Alaska Child in Need                                               
02       of Aid Rules of Procedure, is amended to read:                                                                    
03            (e)  Trial.  A trial on the petition to terminate parental rights shall be held                            
04       within six months after the date on which the petition to terminate parental rights is                            
05       filed, unless the court finds that good cause is shown for a continuance.  When                                   
06       determining whether to grant a continuance for good cause, the court shall take into                              
07       consideration the age of the child and the potential adverse effect that the delay may                            
08       have on the child.  The court shall make written findings when granting a continuance.                            
09       A party has the right to demand a jury trial for a hearing on a petition to                                   
10       terminate parental rights.  Demand for and waiver of this right are governed by                               
11       Civil Rules 38 and 39.                                                                                        
12    * Sec. 3.  The uncodified law of the State of Alaska is amended by adding a new section to                         
13 read:                                                                                                                   
14            DIRECT COURT RULE AMENDMENT.  Rule 18(g), Alaska Child in Need                                               
15       of Aid Rules of Procedure, is amended to read:                                                                    
16            (g)  Judgment.  The court shall make findings of fact for matters tried to the                         
17       court and shall enter an order within 90 days after the last day of trial on the petition                 
18       to terminate parental rights.  The court shall commit the child to the custody of the                             
19       Department if parental rights are terminated.                                                                     
20    * Sec. 4.  The uncodified law of the State of Alaska is amended by adding a new section to                         
21 read:                                                                                                                   
22       APPLICABILITY.  Sections 1 and 2 of this Act apply to trials on petitions to                                      
23 terminate parental rights that are filed on or after the effective date of this Act.                                  
24    * Sec. 5.  The uncodified law of the State of Alaska is amended by adding a new section to                         
25 read:                                                                                                                   
26       CONDITIONAL EFFECT.  The sentence in sec. 2 of this Act that provides that Rules                                  
27 38 and 39, Alaska Rules of Civil Procedure, govern the demand for and waiver of the right to                            
28 a jury trial for a hearing on a petition to terminate parental rights takes effect only if sec. 2 of                    
29 this Act receives the two-thirds majority vote of each house required by art. IV, sec. 15,                              
30 Constitution of the State of Alaska.                                                                                    
31    * Sec. 6.  The uncodified law of the State of Alaska is amended by adding a new section to                         
01 read:                                                                                                                   
02       VOTE REQUIREMENT FOR CERTAIN PROVISIONS.  Except as provided in sec.                                              
03 5 of this Act, the amendments in secs. 2 and 3 of this Act take effect as provided by law upon                          
04 a majority vote of each house because the first new sentence in sec. 2 of this Act establishes a                        
05 substantive right and the amendment made in sec. 3 of this Act is technical in nature and                               
06 necessary only because a substantive right to a jury trial is established.