Enrolled HB 200: Establishing procedures related to a petition or proxy for adoption or guardianship of a child in state custody; adding a definition of "proxy for a formal petition"; amending Rules 5 and 6(a), Alaska Adoption Rules, and adding Rule 17.3, Alaska Child in Need of Aid Rules of Procedure; and providing for an effective date.
00Enrolled HB 200 01 Establishing procedures related to a petition or proxy for adoption or guardianship of a child 02 in state custody; adding a definition of "proxy for a formal petition"; amending Rules 5 and 03 6(a), Alaska Adoption Rules, and adding Rule 17.3, Alaska Child in Need of Aid Rules of 04 Procedure; and providing for an effective date. 05 _______________ 06 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 07 to read: 08 LEGISLATIVE FINDINGS AND INTENT. The legislature finds that 09 (1) all children in state custody should be close to home and with extended 10 family members whenever possible; and 11 (2) because of the number of Alaska Native children in state custody, there is 12 a need to provide an individual seeking immediate permanent placement of an Indian child in 13 state custody with additional flexibility to preserve and apply the placement preferences 14 outlined in the Indian Child Welfare Act of 1978 (25 U.S.C. 1901 - 1963) with respect to that
01 individual. 02 * Sec. 2. AS 13.26.050 is amended by adding a new subsection to read: 03 (b) The venue for a guardianship proceeding for a child in state custody under 04 AS 47.10 is the 05 (1) superior court where the child-in-need-of-aid proceeding is pending 06 as provided under AS 47.10.111; or 07 (2) judicial district in which the petitioner resides if the petitioner 08 provides notice to all of the parties to the child-in-need-of-aid proceeding and no party 09 objects. 10 * Sec. 3. AS 13.26.060 is amended by adding a new subsection to read: 11 (e) A petitioner seeking appointment as the guardian of a minor in state 12 custody under AS 47.10 shall file the petition in either the court where the child-in- 13 need-of-aid proceedings are pending or the judicial district in which the petitioner 14 resides, as required under AS 13.26.050(b) and AS 47.10.111. 15 * Sec. 4. AS 25.23.030 is amended by adding a new subsection to read: 16 (d) The venue for an adoption proceeding for a child in state custody under 17 AS 47.10 is the 18 (1) superior court where the child-in-need-of-aid proceeding is pending 19 as provided under AS 47.10.111; or 20 (2) judicial district in which the petitioner resides if the petitioner 21 provides notice to all of the parties to the child-in-need-of-aid proceeding and no party 22 objects. 23 * Sec. 5. AS 25.23.080 is amended by adding a new subsection to read: 24 (d) A petitioner petitioning to adopt a child in state custody under AS 47.10 25 shall file the petition for adoption in either the court where the child-in-need-of-aid 26 proceedings are pending or the judicial district in which the petitioner resides, as 27 required under AS 25.23.030(d) and AS 47.10.111. 28 * Sec. 6. AS 25.23.100(a) is amended to read: 29 (a) After the filing of a petition to adopt a minor, the court shall fix a time and 30 place for hearing the petition unless the petition is held in abeyance under 31 AS 47.10.111. At least 20 days before the date of hearing, the petitioner shall give
01 notice of the filing of the petition and of the time and place of hearing to (1) the 02 department, unless the adoption is by a stepparent of the child; (2) any agency or 03 person whose consent to the adoption is required by this chapter, but who has not 04 consented; and (3) a person whose consent is dispensed with upon any ground 05 mentioned in AS 25.23.050(a)(1) - (3), (6), (8), and (9), but who has not consented. 06 The notice to the department shall be accompanied by a copy of the petition. 07 * Sec. 7. AS 25.24.150(a) is amended to read: 08 (a) In an action for divorce or for legal separation, [OR] for placement of a 09 child when one or both parents have died, or as part of a child-in-need-of-aid 10 proceeding for a child in state custody under AS 47.10, the court may, if it has 11 jurisdiction under AS 25.30.300 - 25.30.320, and is an appropriate forum under 12 AS 25.30.350 and 25.30.360, during the pendency of the action, or at the final hearing 13 or at any time thereafter during the minority of a child of the marriage, make, modify, 14 or vacate an order for the custody of or visitation with the minor child that may seem 15 necessary or proper, including an order that provides for visitation by a grandparent or 16 other person if that is in the best interests of the child. The court shall hear custody 17 proceedings related to a child in state custody under AS 47.10 as part of the 18 child-in-need-of-aid proceedings, as provided under AS 47.10.113, unless notice is 19 provided to all parties to the child-in-need-of-aid proceedings and no party 20 objects to hearing the custody proceedings in another appropriate forum. 21 * Sec. 8. AS 47.10.080(l) is amended to read: 22 (l) Within 12 months after the date a child enters foster care as calculated 23 under AS 47.10.088(f), the court shall hold a permanency hearing. The hearing and 24 permanent plan developed in the hearing are governed by the following provisions: 25 (1) the persons entitled to be heard under AS 47.10.070 or under (f) of 26 this section are also entitled to be heard at the hearing held under this subsection; 27 (2) when establishing the permanent plan for the child, the court shall 28 make appropriate written findings, including findings related to whether 29 (A) and when the child should be returned to the parent or 30 guardian; 31 (B) the child should be placed for adoption or legal
01 guardianship and whether a petition for termination of parental rights should be 02 filed by the department; and 03 (C) there is a compelling reason that the most appropriate 04 placement for the child is in another planned, permanent living arrangement 05 and the department has recommended the arrangement under AS 47.14.100(p); 06 the findings under this paragraph must include the steps that are necessary to 07 achieve the new arrangement; 08 (3) if the court is unable to make a finding required under (2) of this 09 subsection, the court shall hold another hearing within a reasonable period of time; 10 (4) in addition to the findings required by (2) of this subsection, the 11 court shall also make appropriate written findings related to 12 (A) whether the department has made the reasonable efforts 13 required under AS 47.10.086 to offer appropriate family support services to 14 remedy the parent's or guardian's conduct or conditions in the home that made 15 the child a child in need of aid under this chapter; 16 (B) whether the parent or guardian has made substantial 17 progress to remedy the parent's or guardian's conduct or conditions in the home 18 that made the child a child in need of aid under this chapter; 19 (C) if the permanent plan is for the child to remain in out-of- 20 home-care, whether the child's out-of-home placement continues to be 21 appropriate and in the best interests of the child; and 22 (D) whether the department has made reasonable efforts to 23 finalize the permanent plan for the child; 24 (5) the court shall hold a hearing to review the permanent plan at least 25 annually until successful implementation of the plan; if the plan approved by the court 26 changes after the hearing, the department shall promptly apply to the court for another 27 permanency hearing, and the court shall conduct the hearing within 30 days after 28 application by the department; 29 (6) in a hearing to review the permanent plan under 30 AS 47.10.111(c) or 47.10.112(c), the court shall make written findings related to 31 whether
01 (A) the person who filed the petition or proxy is entitled to 02 placement preference under AS 47.14.100(e) or 25 U.S.C. 1915(a), 03 whichever is applicable; and 04 (B) if 25 U.S.C. 1915(a) applies, the current placement is in 05 compliance with or whether there is good cause to deviate from the 06 placement preferences. 07 * Sec. 9. AS 47.10 is amended by adding new sections to read: 08 Sec. 47.10.111. Petition for adoption or guardianship of a child in state 09 custody. (a) Except as provided under AS 13.26.050(b)(2) and AS 25.23.030(d)(2), if 10 a person seeks adoption or appointment as legal guardian of a child in state custody 11 under this chapter, the court shall hear the adoption or guardianship proceedings as 12 part of the child-in-need-of-aid proceedings relating to the child. A person may initiate 13 proceedings for the adoption or legal guardianship of a child in state custody under 14 this chapter by filing with the court a petition 15 (1) for adoption that meets the requirements of AS 25.23.080; or 16 (2) to be appointed legal guardian that meets the requirements of 17 AS 13.26.060. 18 (b) If a person files a petition for adoption or legal guardianship of a child 19 under (a) of this section before the court approves adoption or legal guardianship as 20 the permanent plan for the child under AS 47.10.080(l)(2), the court shall hold the 21 petition in abeyance until after the court has approved adoption or legal guardianship 22 as the permanent plan for the child under AS 47.10.080(l). 23 (c) If a person files a petition for adoption or legal guardianship of a child who 24 is in out-of-home placement, and the child is not placed with the person who files the 25 petition at the time the person files the petition, the department shall, not more than 60 26 days after the petition is filed, submit a permanent plan to the court. The court shall 27 hold a hearing to review the permanent plan for the child under AS 47.10.080(l) not 28 more than 90 days after the petition is filed. 29 (d) A person who files a petition for adoption or legal guardianship of a child 30 under this section does not become a party to the child-in-need-of-aid proceedings. A 31 person who files a petition for adoption or legal guardianship of a child under this
01 section may only participate in proceedings under this chapter that concern the 02 person's petition. 03 (e) A parent who has consented to adoption under AS 25.23.060, who has 04 relinquished parental rights under AS 47.10.089, or whose parental rights have been 05 terminated under AS 47.10.080(o) or 47.10.088, is not a party to the adoption or 06 guardianship proceedings under this section. 07 (f) Except as provided in this section, the requirements of AS 25.23 apply to a 08 petition for adoption filed under this section, and the requirements of AS 13.26.030 - 09 13.26.085 apply to a petition for legal guardianship filed under this section. 10 Sec. 47.10.112. Proxy for a formal petition for adoption or legal 11 guardianship. (a) A person seeking the immediate permanent placement of a child in 12 state custody under this chapter may file a proxy for a formal petition for adoption or 13 legal guardianship of the child. The court shall hear proceedings related to the proxy 14 as part of the child-in-need-of-aid proceedings relating to the child. In the case of an 15 Indian child, a proxy for a formal petition for 16 (1) adoption preserves the placement preferences of 25 U.S.C. 1915(a) 17 with respect to the person who files the proxy; and 18 (2) legal guardianship preserves the placement preferences of 25 19 U.S.C. 1915(b) with respect to the person who files the proxy. 20 (b) A proxy filed under this section does not initiate proceedings for adoption 21 or legal guardianship. A person seeking to adopt a child in state custody must file a 22 petition for adoption as required under AS 25.23. A person seeking to be appointed 23 legal guardian of a child in state custody must file a petition for appointment as 24 required under AS 13.26.030 - 13.26.085. 25 (c) If a person files a proxy for a formal petition for adoption or legal 26 guardianship of a child who is in out-of-home placement, and the child is not placed 27 with the person who files the proxy at the time the person files the proxy, the 28 department shall, not more than 60 days after the proxy is filed, submit a permanent 29 plan to the court. The court shall hold a hearing to review the permanent plan for the 30 child under AS 47.10.080(l) not more than 90 days after the proxy is filed. 31 (d) A person who files a proxy for a formal petition for adoption or legal
01 guardianship of a child under this section does not become a party to the child-in- 02 need-of-aid proceedings. A person who files a proxy for a formal petition for adoption 03 or legal guardianship may only participate in proceedings under this chapter that 04 concern the person's proxy. 05 (e) A person who files a proxy for a formal petition for adoption or legal 06 guardianship of a child is not entitled to the appointment of a lawyer at public 07 expense. 08 (f) A person who receives a proxy for a formal petition for adoption or legal 09 guardianship shall file the proxy with the court. 10 (g) The department may adopt regulations to implement this section. 11 (h) In this section, 12 (1) "extended family member" 13 (A) means a person who is at least 18 years of age and who is 14 the child's grandparent, aunt, uncle, sibling, brother-in-law, sister-in-law, 15 niece, nephew, first or second cousin, or stepparent; or 16 (B) in the case of an Indian child, has the meaning given in 25 17 U.S.C. 1903; 18 (2) "proxy for a formal petition" or "proxy" means 19 (A) a request by a person who is interested in immediate 20 permanent placement and adoption or legal guardianship of a child, and is an 21 extended family member, member of an Indian child's tribe, or other Indian 22 family member, made at any court hearing or conveyed to the department by 23 telephone, mail, facsimile, electronic mail, or in person; 24 (B) in the case of an Indian child, a request made to the 25 department on behalf of a person described in (A) of this paragraph by 26 (i) the Indian child's biological parent, individually or 27 through counsel; or 28 (ii) the Indian child's tribe, a tribe in which the Indian 29 child is eligible for enrollment, or a tribe in which the Indian child's 30 biological parent is a member; or 31 (C) a proxy for a formal petition, as established by the
01 department by regulation. 02 Sec. 47.10.113. Civil custody proceedings. (a) Except as provided in 03 AS 25.24.150(a), a court shall hear a request to make, modify, or vacate an order for 04 the custody of or visitation with a minor child in state custody under this chapter as 05 part of the child-in-need-of-aid proceedings relating to the child. 06 (b) A person who files a request for an order to make, modify, or vacate an 07 order for the custody of or visitation with a minor child in state custody under this 08 chapter is not entitled to the appointment of a lawyer at public expense under this 09 section. 10 (c) Except as provided in this section, the requirements of AS 25.24.010 - 11 25.24.180 apply to a request under this section to make, modify, or vacate an order for 12 the custody of or visitation with a minor child in state custody under this chapter. 13 * Sec. 10. AS 47.10.990(1) is amended to read: 14 (1) "adult family member" means a person who is 18 years of age or 15 older and who is 16 (A) related to the child as the child's grandparent, aunt, uncle, 17 or sibling; [OR] 18 (B) the child's sibling's legal guardian or parent; or 19 (C) in the case of an Indian child, an extended family 20 member as defined in 25 U.S.C. 1903; 21 * Sec. 11. AS 47.10.990(10) is amended to read: 22 (10) "family member" means a person of any age who is 23 (A) related to the child as the child's grandparent, aunt, uncle, 24 or sibling; [OR] 25 (B) the child's sibling's legal guardian or parent; or 26 (C) in the case of an Indian child, an extended family 27 member as defined in 25 U.S.C. 1903; 28 * Sec. 12. AS 47.10.990 is amended by adding new paragraphs to read: 29 (33) "Indian child" has the meaning given in 25 U.S.C. 1903; 30 (34) "Indian child's tribe" has the meaning given in 25 U.S.C. 1903. 31 * Sec. 13. AS 47.14.100(t) is amended by adding a new paragraph to read:
01 (3) "family friend," as used in (e) of this section, includes, in the case 02 of an Indian child, a member of the Indian child's tribe, a member of the tribe in which 03 the child's biological parent is a member, and another Indian family member. 04 * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 DIRECT COURT RULE AMENDMENT. Rule 5, Alaska Adoption Rules, is 07 amended by adding a new subsection to read: 08 (d) A petition to adopt a child in state custody under AS 47.10 must be 09 brought in the superior court where the child-in-need-of-aid proceeding is pending or 10 in the judicial district in which the petitioner resides as provided under AS 47.10.111 11 and AS 25.23.030(d). 12 * Sec. 15. 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(a)(1), Alaska Adoption 15 Rules, is amended to read: 16 (1) An adoption petition must include the information required by 17 AS 25.23.080, except as provided under (a)(4) of this rule. A separate petition must 18 be filed for each person to be adopted. If the proceeding involves a minor, the petition 19 must also state whether the minor to be adopted is an Indian child and whether any 20 other court cases involving the minor are known to be pending. 21 * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 DIRECT COURT RULE AMENDMENT. Rule 6(a), Alaska Adoption Rules, 24 is amended by adding a new paragraph to read: 25 (4) A proceeding to adopt a child in state custody under AS 47.10 must 26 comply with AS 47.10.111. A proceeding to adopt a child in state custody under 27 AS 47.10 shall be heard either 28 (A) as part of the child-in-need-of-aid proceeding; or 29 (B) in the judicial district in which the petitioner resides if the 30 petitioner provides notice to all of the parties to the child-in-need-of-aid 31 proceedings and no party objects.
01 * Sec. 17. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 DIRECT COURT RULE AMENDMENT. The Alaska Child in Need of Aid 04 Rules of Procedure are amended by adding a new rule to read: 05 Rule 17.3. Petition or proxy for adoption or legal guardianship of a child 06 under AS 47.10.111. (a) A petitioner may file a petition for adoption or legal 07 guardianship of a child who is the subject of a pending child-in-need-of-aid 08 proceeding under AS 47.10 as part of the same case. If a petitioner files a petition for 09 adoption or legal guardianship of a child before the court approves adoption or legal 10 guardianship as the permanent plan for the child, the court shall hold the petition for 11 adoption or legal guardianship in abeyance until the court approves adoption or legal 12 guardianship as the permanent plan for the child under Rule 17.2 and AS 47.10.080(l). 13 If the child is in an out-of-home placement but is not placed with the petitioner at the 14 time the petition is filed, the court shall hold a hearing within 90 days to review the 15 permanent plan required under AS 47.10.111(c). At the hearing, the court shall, in 16 addition to the findings required under Rule 17.2 and AS 47.10.080(l), make findings 17 related to whether the petitioner is entitled to placement preference under 18 AS 47.14.100(e) or 25 U.S.C. 1915(a), whichever is applicable. If 25 U.S.C. 1915(a) 19 applies, the court shall make written findings related to whether the current placement 20 is in compliance with or whether there is good cause to deviate from the placement 21 preferences. 22 (b) A person may file a proxy for a formal petition for adoption or legal 23 guardianship of a child who is the subject of a pending child-in-need-of-aid 24 proceeding under AS 47.10 as part of the same case. If a person files a proxy for a 25 formal petition for adoption or legal guardianship of a child who is in out-of-home 26 placement, and the child is not placed with the person who files the proxy at the time 27 the person files the proxy, the court shall hold a hearing within 90 days to review the 28 permanent plan for the child as required under AS 47.10.112(c). At the hearing, the 29 court shall, in addition to the findings required under Rule 17.2 and AS 47.10.080(l), 30 make findings related to whether the person who filed the proxy is entitled to 31 placement preference under AS 47.14.100(e) or 25 U.S.C. 1915(a), whichever is
01 applicable, and, if 25 U.S.C. 1915(a) applies, whether the current placement is in 02 compliance with or whether there is good cause to deviate from the placement 03 preferences. 04 * Sec. 18. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 APPLICABILITY. AS 13.26.050(b), added by sec. 2 of this Act, AS 13.26.060(e), 07 added by sec. 3 of this Act, AS 25.23.030(d), added by sec. 4 of this Act, AS 25.23.080(d), 08 added by sec. 5 of this Act, AS 25.23.100(a), as amended by sec. 6 of this Act, 09 AS 25.24.150(a), as amended by sec. 7 of this Act, AS 47.10.080(l), as amended by sec. 8 of 10 this Act, AS 47.10.111 - 47.10.113, added by sec. 9 of this Act, and secs. 14 - 17 of this Act 11 apply to proceedings for adoption or legal guardianship of a child in state custody under 12 AS 47.10 filed on or after the effective date of secs. 2 - 17 of this Act. 13 * Sec. 19. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 TRANSITION: REGULATIONS. The Department of Health and Social Services may 16 adopt regulations necessary to implement this Act. The regulations take effect under AS 44.62 17 (Administrative Procedure Act), but not before the effective date of the law implemented by 18 the regulation. 19 * Sec. 20. The uncodified law of the State of Alaska is amended by adding a new section to 20 read: 21 CONDITIONAL EFFECT. This Act takes effect only if secs. 14 - 17 of this Act 22 receive the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution of 23 the State of Alaska. 24 * Sec. 21. Section 19 of this Act takes effect immediately under AS 01.10.070(c). 25 * Sec. 22. Except as provided in sec. 21 of this Act, this Act takes effect January 1, 2017.