HB 200: "An Act establishing procedures related to a petition for adoption of a child in state custody; adding a definition of 'proxy for a formal petition'; amending Rule 6(a), Alaska Adoption Rules; and providing for an effective date."
00 HOUSE BILL NO. 200 01 "An Act establishing procedures related to a petition for adoption of a child in state 02 custody; adding a definition of 'proxy for a formal petition'; amending Rule 6(a), Alaska 03 Adoption Rules; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 06 to read: 07 LEGISLATIVE FINDINGS AND INTENT. (a) The legislature finds that due to the 08 number of Alaska Native children in state custody and the strong preference that those 09 children be adopted into Native homes, there is a need to provide the Department of Health 10 and Social Services additional authority to allow flexibility in the initiation of adoption 11 proceedings for a child in state custody. 12 (b) It is the intent of the legislature to authorize a more appropriate adoption process 13 for a child in state custody to allow adoption proceedings in an existing child-in-need-of-aid 14 proceeding. In enacting these provisions, the legislature does not intend to affect, nor do the
01 provisions of this Act apply to a 02 (1) tribal adoption proceeding performed under a tribe's inherent authority; 03 (2) tribal adoption proceeding following a transfer to the tribe of a foster care 04 placement, termination of parental rights, or adoption of an Indian child under 25 U.S.C. 05 1911(b); or 06 (3) an adoption under tribal custom. 07 * Sec. 2. AS 25.23.030 is amended by adding a new subsection to read: 08 (d) A proceeding for the adoption for a child in state custody must comply 09 with AS 47.10.111. 10 * Sec. 3. AS 47.10 is amended by adding a new section to read: 11 Sec. 47.10.111. Petition for adoption of a child in state custody. (a) 12 Notwithstanding AS 25.23.030, the adoption of a child in state custody under the 13 jurisdiction of this chapter must commence and be heard in the child-in-need-of-aid 14 proceeding. 15 (b) To initiate proceedings to adopt a child in state custody under the 16 jurisdiction of this chapter, a person must file a 17 (1) petition for adoption under AS 25.23.080; or 18 (2) proxy for a formal petition. 19 (c) In this section, "proxy for a formal petition" means a 20 (1) request by a relative, tribal member, or other Indian family 21 interested in immediate placement and adoption of a child at any court hearing in the 22 child-in-need-of-aid proceeding; 23 (2) a request by a relative, tribal member, or other Indian family 24 interested in immediate placement and adoption of a child, conveyed to the department 25 by telephone, mail, facsimile, electronic mail, or in person; 26 (3) request by the Indian child's tribe, or a tribe in which the Indian 27 child is eligible for enrollment, to the department on behalf of a relative or tribal 28 member; or 29 (4) a proxy for a formal petition as established by the department in 30 regulation. 31 (d) The department may adopt regulations to implement this section.
01 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 DIRECT COURT RULE AMENDMENT. Rule 6(a)(1), Alaska Adoption 04 Rules, is amended to read: 05 (1) An adoption petition must include the information required by 06 AS 25.23.080, except as provided under (4) of this rule. A separate petition must be 07 filed for each person to be adopted. If the proceeding involves a minor, the petition 08 must also state whether the minor to be adopted is an Indian child and whether any 09 other court cases involving the minor are known to be pending. 10 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 DIRECT COURT RULE AMENDMENT. Rule 6(a), Alaska Adoption Rules, 13 is amended by adding a new paragraph to read: 14 (4) A proceeding to adopt a child in state custody under the jurisdiction 15 of AS 47.10 must commence with a petition for adoption under AS 25.23.080 or with 16 a proxy for a formal petition under AS 47.10.111(b). A proceeding to adopt a child in 17 state custody under the jurisdiction of AS 47.10 shall be heard in the child-in-need-of- 18 aid proceeding. 19 * Sec. 6. The uncodified law of the State of Alaska is amended to read: 20 APPLICABILITY. AS 25.23.030(d), enacted by sec. 2 of this Act, and AS 47.10.111, 21 enacted by sec. 3 of this Act, apply to proceedings for adoption of a child in state custody 22 under the jurisdiction AS 47.10 filed on or after the effective date of this Act. 23 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 TRANSITION: REGULATIONS. The Department of Health and Social Services may 26 proceed to adopt regulations necessary to implement this Act. The regulations take effect 27 under AS 44.62 (Administrative Procedure Act), but not before the effective date of this Act. 28 * Sec. 8. Section 7 of this Act takes effective immediately under AS 01.10.070(c).