Rule 1. Title—Scope—Construction—Situations Not Covered by the Rules

(a) Title. These rules will be known and cited as the

Child in Need of Aid Rules or the CINA Rules.

(b) Scope. These rules govern practice and procedure in

the trial courts in all phases of child in need of aid proceedings

brought under AS 47.10.010(a).

(c) Construction. These rules will be construed and

applied to promote fairness, accurate fact-finding, the

expeditious determination of children’s matters, and the best

interests of the child.

(d) Legal Effect of Rules. These rules are promulgated

pursuant

to

Alaska

constitutional

authority

granting

rulemaking power to the Alaska Supreme Court. To the extent

that the rules are inconsistent with a procedural provision of

any Alaska statute not enacted for the specific purpose of

changing a rule, these rules supersede the statute to the extent

of the inconsistency.

(e) Civil Rules Applicable. Civil Rules 3(b)—(g), 4, 5,

5.1, 6, 10, 11, 15, 42, 45(a)—(f), 46, 53, 59, 60, 61, 63, 76, 77,

81, 90, 98, and 100 apply to child in need of aid proceedings

except to the extent that any provisions of these civil rules

conflict with the Child in Need of Aid Rules.

(f) Application of the Indian Child Welfare Act and

Regulations. In all cases involving an Indian child, the

statutory provisions of 25 U.S.C. 1901 et seq., and the ICWA

regulations at 25 C.F.R. Part 23, published at 81 Fed. Reg.

38778 (June 14, 2016) and effective December 12, 2016, shall

apply.

(g) Situations Not Covered by These Rules. Where no

specific procedure is prescribed by these rules, the court may

proceed in any lawful manner, including application of the

Civil Rules, applicable statutes, the Alaska and United States

Constitutions or the common law. Such a procedure may not

be inconsistent with these rules and may not unduly delay or

otherwise interfere with the unique character and purpose of

child in need of aid proceedings.

Cross References

CROSS REFERENCE: AS 22.15.100(8); AS 47.06.020; AS

47.06.025; AS 47.10.005; AS 47.10.082; Alaska Constitution, Art. IV §15.