Rule 13. Decree of Termination

(a) Voluntary Relinquishment. A decree terminating

parental rights may be entered after a voluntary relinquishment

pursuant to AS 25.23.180 or AS 47.10.089. The court shall

enter findings of fact which must include a statement

concerning whether visitation rights are being allowed under

AS 25.23.130(c) or other privileges are being retained under

AS 25.23.180 or AS 47.10.089, and whether the time limit for

withdrawal of the relinquishment has elapsed. If the

relinquishment was signed in the presence of the court,

findings also must be entered as to whether the parent

understood the consequences of the relinquishment, and

whether the relinquishment was voluntarily signed.

In the case of a voluntary relinquishment of parental rights

to an Indian child, the court shall make additional findings

concerning whether any notice required by Rule 10(e) was

timely given; whether the relinquishment was voluntary and in

compliance with the requirements of 25 U.S.C. Section 1913;

and whether the child’s placement complies with the

preferences set out in 25 U.S.C. Section 1915 or good cause

exists for deviation from the placement preference.

(b) Involuntary Termination of Parental Rights.

Proceedings for the involuntary termination of parental rights

in conjunction with adoption proceedings must comply with

CINA Rule 18, except as otherwise provided by AS

25.23.180(c)(1)(B) and (2). 25 U.S.C. Section 1912 also

applies to all involuntary termination proceedings involving an

Indian child.

Note:

Chapter 64, section 58, SLA 2005 (HB 53) amended

Adoption Rule 13 as reflected in section 11 of this Order. The

change to Adoption Rule 13 is adopted for the sole reason that

the legislature has mandated the amendment

except as otherwise provided by AS

25.23.180(c)(1)(B) and (2). 25 U.S.C. Section 1912 also

applies to all involuntary termination proceedings involving an

Indian child.

Note:

Chapter 64, section 58, SLA 2005 (HB 53) amended

Adoption Rule 13 as reflected in section 11 of this Order. The

change to Adoption Rule 13 is adopted for the sole reason that

the legislature has mandated the amendment. In addition,

according to section 60(b) of the Act, AS 25.23.180(j) - (n) and

AS 47.10.089, enacted in sections 4 and 17, amend Adoption

Rule 13 by requiring retained privileges to be set out in the

relinquishment form and order and by providing additional

procedures related to the relinquishment. According to section

60(c) of the Act, AS 25.23.180(k) - (n) and AS 47.10.089(g),

(h), and (j), enacted in sections 4 and 17, amend Adoption Rule

13

by

authorizing

review

hearings

for

voluntary

relinquishments.