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