HB 371: "An Act relating to parents' appearing at juvenile proceedings with their children."
00HOUSE BILL NO. 371 01 "An Act relating to parents' appearing at juvenile proceedings with their 02 children." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.51 is amended by adding a new section to read: 05 Sec. 11.51.150. Parental failure to appear with a child at a juvenile 06 proceeding. (a) A person commits the crime of parental failure to appear with a 07 child at a juvenile proceeding if the person 08 (1) is the parent of a child who has been ordered to appear at a juvenile 09 proceeding under AS 47 and the disabilities of minority of the child have not been 10 removed for general purposes under AS 09.55.590; 11 (2) received a summons or subpoena to appear at the juvenile 12 proceeding or notice of any type or form that the child had been ordered to appear at 13 a juvenile proceeding under AS 47; and 14 (3) knowingly failed to appear at the juvenile proceeding at which the
01 child was ordered to appear. 02 (b) In a prosecution under this section, it is an affirmative defense that 03 (1) the court previously excused the defendant from appearing at the 04 proceeding; or 05 (2) good cause prevented the defendant from appearing at the 06 proceeding; in this paragraph, "good cause" includes a situation where the parent 07 (A) resides outside of the state and does not have physical 08 custody of the child; 09 (B) has physical custody of the child but resides outside of the 10 state and appearing at the proceeding would have resulted in undue hardship 11 to the parent; or 12 (C) resides in the state, but was outside the state at the time of 13 the proceeding for reasons other than avoiding appearance at the proceeding 14 and appearing at the proceeding would have resulted in undue hardship to the 15 parent. 16 (c) Parental failure to appear with a child at a juvenile proceeding is a class 17 B misdemeanor. 18 * Sec. 2. AS 47.10.030(a) is amended to read: 19 (a) After a petition is filed and after further investigation that the court directs, 20 if each parent of the minor and the person having custody or control of the minor 21 have [HAS] not appeared voluntarily, the court shall issue a summons that 22 (1) recites briefly the substance of the petition; 23 (2) clearly states that , at the hearing , it is possible that parental rights 24 and responsibilities may be terminated forever and that the minor may at the hearing 25 be committed to the department for possible adoption; and 26 (3) directs each parent of the minor and the person having custody 27 or control of the minor to appear personally in court with the minor at the place and 28 at the time set out [FORTH] in the summons. 29 * Sec. 3. AS 47.10.030(b) is amended to read: 30 (b) In all cases under this chapter , the minor, each parent of the minor , and the 31 guardian of the minor shall be given notice adequate to give actual notice of the
01 proceedings and the possibility of termination of parental rights and responsibilities, 02 taking into account education and language differences that are known or reasonably 03 ascertainable by the petitioner or the department. The notice of the hearing must 04 contain all names by which the minor has been identified. Notice shall be given in the 05 manner appropriate under rules of civil procedure for the service of process in a civil 06 action under Alaska law or in any manner the court by order directs. Proof of the 07 giving of the notice shall be filed with the court before the petition is heard. The court 08 shall [MAY ALSO] subpoena each [THE] parent of the minor and may also 09 subpoena the guardian of the minor [,] or any other person whose testimony may 10 be necessary at the hearing. A subpoena or other process may be served by a person 11 authorized by law to make the service, and , where personal service cannot be made, 12 the court may direct that service of process be in a 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 directs. 15 * Sec. 4. AS 47.12.050(c) is amended to read: 16 (c) The court shall [MAY] subpoena each [THE] parent of the minor and 17 may subpoena the [OR] guardian of the minor [,] or any other person whose 18 testimony may be necessary at the hearing. A subpoena or other process may be served 19 by a person authorized by law to make the service. If personal service cannot be made, 20 the court may direct that service of process be in the manner appropriate under the 21 Alaska Rules of Civil Procedure for the service of process in a civil action under state 22 law or in any manner the court directs. 23 * Sec. 5. AS 47.12.050(d) is amended to read: 24 (d) In any proceeding under this chapter, the absence [PRESENCE] of the 25 minor's parent or guardian does not deprive the department or the court of 26 jurisdiction [IS PREFERRED]. 27 * Sec. 6. AS 47.12.070 is amended to read: 28 Sec. 47.12.070. Summons and custody of minor. After a petition is filed and 29 after further investigation that the court directs, if the minor has not appeared 30 voluntarily, the court shall issue a summons that 31 (1) recites briefly the substance of the petition;
01 (2) directs the person having custody or control of the minor and each 02 parent of the minor to appear personally in court with the minor at the place and at 03 the time set out [FORTH] in the summons.