HB 140: "An Act relating to the right to demand a jury trial in cases involving termination of parental rights; amending Rules 18(b), 18(e), and 18(g), Alaska Child in Need of Aid Rules of Procedure."
00 HOUSE BILL NO. 140 01 "An Act relating to the right to demand a jury trial in cases involving termination of 02 parental rights; amending Rules 18(b), 18(e), and 18(g), Alaska Child in Need of Aid 03 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. AS 47.10.088(a) is amended to read: 14 (a) Except as provided in AS 47.10.080(o), the rights and responsibilities of
01 the parent regarding the child may be terminated for purposes of freeing a child for 02 adoption or other permanent placement if the court, or, in a jury trial, the jury, finds 03 by clear and convincing evidence that 04 (1) the child has been subjected to conduct or conditions described in 05 AS 47.10.011; 06 (2) the parent 07 (A) has not remedied the conduct or conditions in the home 08 that place the child at substantial risk of harm; or 09 (B) has failed, within a reasonable time, to remedy the conduct 10 or conditions in the home that place the child in substantial risk so that 11 returning the child to the parent would place the child at substantial risk of 12 physical or mental injury; and 13 (3) the department has complied with the provisions of AS 47.10.086 14 concerning reasonable efforts. 15 * Sec. 3. AS 47.10.088(b) is amended to read: 16 (b) In making a determination under (a)(2) of this section, the court, or, in a 17 jury trial, the jury, may consider any fact relating to the best interests of the child, 18 including 19 (1) the likelihood of returning the child to the parent within a 20 reasonable time based on the child's age or needs; 21 (2) the amount of effort by the parent to remedy the conduct or the 22 conditions in the home; 23 (3) the harm caused to the child; 24 (4) the likelihood that the harmful conduct will continue; and 25 (5) the history of conduct by or conditions created by the parent. 26 * Sec. 4. AS 47.10.088(c) is amended to read: 27 (c) In a proceeding under this chapter involving termination of the parental 28 right of a parent, the court, or, in a jury trial, the jury, shall consider the best 29 interests of the child. 30 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
01 DIRECT COURT RULE AMENDMENT. Rule 18(b), Alaska Child in Need 02 of Aid Rules of Procedure, is amended to read: 03 (b) Purpose of Hearing. The termination hearing is a disposition hearing to 04 the court, or, if demanded by a party, a jury, on the question of whether the parental 05 rights to an adjudicated child in need of aid should be terminated. Upon a showing of 06 good cause and with adequate notice to the parties, an adjudication hearing and a 07 termination hearing may be consolidated. 08 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 DIRECT COURT RULE AMENDMENT. Rule 18(e), Alaska Child in Need 11 of Aid Rules of Procedure, is amended to read: 12 (e) Trial. A trial on the petition to terminate parental rights shall be held 13 within six months after the date on which the petition to terminate parental rights is 14 filed, unless the court finds that good cause is shown for a continuance. When 15 determining whether to grant a continuance for good cause, the court shall take into 16 consideration the age of the child and the potential adverse effect that the delay may 17 have on the child. The court shall make written findings when granting a continuance. 18 A party has the right to demand a jury trial for a hearing on a petition to 19 terminate parental rights. 20 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 DIRECT COURT RULE AMENDMENT. Rule 18(g), Alaska Child in Need 23 of Aid Rules of Procedure, is amended to read: 24 (g) Judgment. The court shall make findings of fact for matters tried to the 25 court and shall enter an order within 90 days after the last day of trial on the petition 26 to terminate parental rights. The court shall commit the child to the custody of the 27 Department if parental rights are terminated. 28 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 APPLICABILITY. This Act applies to trials on petitions to terminate parental rights 31 that are filed on or after the effective date of this Act.
01 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 TWO-THIRDS VOTE NOT REQUIRED. Sections 5 - 7 of this Act take effect 04 without needing to meet the two-thirds vote requirement normally applicable to changing 05 court rules under art. IV, sec. 15, Constitution of the State of Alaska because 06 (1) the provisions of Rule 18(b), 18(e), and 18(g), Alaska Child in Need of Aid 07 Rules of Procedure, that are affected by the provisions of this Act were adopted under the 08 Alaska Supreme Court's interpretive authority exercised under art. IV, sec. 1, Constitution of 09 the State of Alaska; 10 (2) AS 47.10.007, enacted by sec. 1 of this Act, establishes a substantive right, 11 and the changes made in secs. 2 - 7 of this Act are technical changes necessary to give effect 12 to the substantive right established in AS 47.10.007, enacted by sec. 1 of this Act.