CHILD IN NEED OF AID RULES OF PROCEDURE - Alaska

1 Alaska RULES OF COURT. CHILD IN NEED OF AID RULES OF PROCEDURE . Table of Contents PART I. GENERAL PROVISIONS. 1 Title Scope Construction Situations Not Covered by the RULES . (a) Title. (b) Scope. (c) Construction. (d) Legal Effect of RULES . (e) Civil RULES Applicable. (f) Situations Not Covered by These RULES . 2 Definitions. 3 Hearings. (a) Notice. (b) Presence of the CHILD . (c) Presence of Grandparent or Out-of-Home Care Provider. (d) Parties Excluded. (e) Exclusion of Witnesses. (f) General Public Access to Hearings.

2 (g) Telephonic Participation. (h) Testimony Under Oath. (i) Representation by Non-Attorney. PART II. MASTERS, MAGISTRATE JUDGES, DISTRICT COURT JUDGES. 4 Appointment and Authority of Masters. (a) Appointment. (b) Authority, Order of Reference. (c) Objection to Reference to a Master. (1) Timeliness. (2) Grounds for Objection. (d) Standing Master's Authority to Enter Orders. (e) Master's Report, Recommendations. (f) Objections to Master's Report, Recommendations. (1) Objections, Reply, Oral Argument. (2) Request for Stay.

3 (3) Immediate Review of Order Removing or Returning the CHILD from or to the Home. 5 Authority of District Court Judges and Magistrate Judges. (a) Emergency Situations. (b) Review. PART III. COMMENCEMENT OF PROCEEDINGS. 6 Emergency Custody. (a) Emergency Custody Without Court Order. (b) Emergency Custody With Court Order. (1) Who May Request. (2) Form, Contents of Motion. (3) Order. (4) Notification to Department. (5) Service. 7 Petition for Adjudication Summons. (a) Petition. (b) Notice of Hearing. (c) Summons.

4 1. Alaska COURT RULES . (d) Service of Petition and Summons. (e) Unknown Parent. (f) Notice in Cases Involving an Indian CHILD . (g) Dismissal. (h) Amendment. PART IV. DISCOVERY, EVIDENCE, PROOF. 8 Disclosures, Depositions, and Discovery. (a) General. (b) Applicability of the Civil RULES Regarding Discovery. (c) Initial Disclosures. (d) Disclosures of Witnesses with Special Expertise. (1) Retained Experts. (2) Other Experts. (e) Pretrial Disclosures. (f) Discovery from Guardian Ad Litem. (1) Discovery of Documents in Guardian Ad Litem's Possession.

5 (2) Discovery Regarding Guardian Ad Litem's Testimony. (3) Other Inquiry. (g) Depositions. (h) Scope and Timing. (i) Supplementation. (j) Limitations on disclosure of certain recordings, images, and records that are also evidence for an investigation under AS (k) [Parent Proceeding without Counsel.]. (l) Confidential Filing. (m) [ CHILD Medical Records.]. 9 Evidence. (a) Applicability of Evidence RULES . (b) Privileges Inapplicable. (1) Husband-Wife Privilege. (2) Physician-Patient Privilege. (3 ) Psychotherapist-Patient Privilege.

6 PART V. PRELIMINARY PROCEEDINGS. 10 Temporary Custody Hearing. (a) Time of Hearing. (b) Conduct of Hearing. (1) Opening Address. (2) Advice of Rights. (c) Findings of Fact and Order. (d) Subsequent Proceedings. (e) Review. Out-of-Home Placement Required Findings. (a) Findings in Cases Involving Non Indian CHILD . (1) Findings. (2) Effect of a Finding that Department Failed to Make Reasonable Efforts. (b) Findings in Cases Involving Indian CHILD . (1) Findings. (2) Effect of a Finding that Requirements Have Not Been Met.

7 11 Guardians Ad Litem. (a) Appointment. (b) Role of Guardian ad Litem. (c) Qualifications. (d ) Order Authorizing Access. (e) Disclosure of Conflicts. 2. CHILD IN NEED OF AID RULES . (f) Duties of Guardian ad Litem. (1) Purpose. (2) Duty to the CHILD . (3) Duty to the court. (g) Contact with CHILD , Other Parties, and the Court. (1) Contact with CHILD . (2) Contact with Other Parties. (3) Contact with Court. (h) Testimony. (i) Confidentiality. 12 Right to Counsel. (a) Notice of Right to Counsel. (b) Appointed Counsel.

8 (c) Waiver of Right to Counsel. (d) Appointment of Counsel for Absent or Unknown Parent. 13 Pretrial Conference and Meeting of Parties. (a) Pretrial Conference and Meeting of Parties. (b) Purpose of Pretrial Conference. (c) Duty to Update. 14 Stipulations. PART VI. ADJUDICATION. 15 Adjudication Hearing. (a) Nature and Timing of Proceeding. CINA. (b) Notice. (c) Burden of Proof. (d) Judgment. (e) Failure of Proof. (f) Orders Pending Disposition. PART VII. DISPOSITION. 16 Reports in Aid of Disposition. (a) Predisposition Reports.

9 (b) Supplementary Material. (c) Disclosure of Reports. 17 Disposition. (a) Purpose of Hearing. (b) Statements. (c) Requirements for Disposition. (d) Findings (e) Evidence. (f) Disposition Order Subsequent Proceedings. Determination that Reasonable Efforts Not Required. (a) Proceeding to Determine that Reasonable Efforts Not Required. (b) Proceeding to Determine that Reasonable Efforts May Be Discontinued. (c) Permanency Hearing Required. (d) Conduct of Proceeding. (1) Right to Evidentiary Hearing. (2) Standard of Proof.

10 (3) CHILD 's Best Interests. (4) Findings. Permanency Hearing. (a) Purpose and Timing of the Hearing. (b) Notice. (c) Report. (d) Evidence. 3. Alaska COURT RULES . (e) Findings. (f) Additional Findings. (g) Implementation. (h) Change in Permanency Plan. (i) Subsequent Review. Petition or Proxy for adoption or legal guardianship of a CHILD under AS 18 Termination of Parental Rights. (a) Petition. (b) Purpose of Hearing. (c) Burden of Proof. (d) Relinquishment. (e) Trial. (f) Evidence. (g) Judgment. (h) Post-Termination Reports.