Rule 17. Disposition

(a) Purpose of Hearing. The purpose of a disposition

hearing is to determine the appropriate disposition of a child

who has been adjudicated a child in need of aid. A disposition

hearing concerning the termination of parental rights is

governed by CINA Rule 18.

(b) Statements. The parties may offer evidence in aid of

disposition at the hearing. The court shall afford the parties,

any grandparents of the child who are in attendance at the

hearing, and any foster parents or other out-of-home care

providers an opportunity to be heard.

(c) Requirements

for

Disposition.

A

disposition

hearing may not be held before adequate information is

available upon which to enter an informed disposition order. If

the child has been placed outside the home, the court cannot

enter a disposition order if the court finds (1) in cases

involving a non-Indian child, that the Department has failed to

make reasonable efforts as required by AS 47.10.086(a) to

permit the child’s return to the home, unless the court has

determined under Rule 17.1 that reasonable efforts are not

required; or (2) in cases involving an Indian child, that the

requirements of 25 U.S.C. § 1912(d) (active efforts) have not

been met.* If the court finds that the Department has failed to

make required reasonable efforts or that the requirements of 25

U.S.C. § 1912(d) have not been met, the court must postpone

entering a disposition order until the court finds that reasonable

efforts or active efforts have been made. The child should

remain in temporary custody pending disposition.

2(d) (active efforts) have not

been met.* If the court finds that the Department has failed to

make required reasonable efforts or that the requirements of 25

U.S.C. § 1912(d) have not been met, the court must postpone

entering a disposition order until the court finds that reasonable

efforts or active efforts have been made. The child should

remain in temporary custody pending disposition.

(d) Findings.

(1) A disposition order must be accompanied by findings

of fact.

(2) The court may approve the removal of the child from

the child’s home only if the court finds that continued

placement in the home is contrary to the welfare of the child;

and, in cases involving an Indian child, that there is clear and

convincing evidence, including the testimony of qualified

expert witnesses, that custody of the Indian child by the parent

or Indian custodian is likely to result in serious emotional or

physical damage to the child.

(e) Evidence. Hearsay which is not otherwise admissible

under a recognized exception to the hearsay rule may be

admissible at the disposition hearing and in review of a

disposition order if the hearsay is probative of a material fact,

has circumstantial guarantees of trustworthiness, and the

appearing parties are given a fair opportunity to meet it.

(f) Disposition Order—Subsequent Proceedings. If

the court orders the child committed to the Department under

AS 47.10.080(c)(1), the disposition order must set the date for

the permanency hearing required by AS 47.10.080(l). If the

court releases the child under AS 47.10.080(c)(2), the

disposition order must set the date for filing the report on

annual review.

* Note: As of June 1999, it is an open issue whether federal

law permits a trial court to determine that active efforts are not

required in a case or that such efforts may be discontinued.

Note:

Ch. 43, SLA 2001, amends AS 47.10.030, AS

47.10.070(a), and AS 47.10.080(f) to add provisions

concerning notice to and participation by grandparents

the date for filing the report on

annual review.

* Note: As of June 1999, it is an open issue whether federal

law permits a trial court to determine that active efforts are not

required in a case or that such efforts may be discontinued.

Note:

Ch. 43, SLA 2001, amends AS 47.10.030, AS

47.10.070(a), and AS 47.10.080(f) to add provisions

concerning notice to and participation by grandparents.

According to §6 of the Act, these provisions have the effect of

amending Child in Need of Aid Rules 3, 7, 10, 15, 17, and 19

by requiring that grandparents be given notice of and an

opportunity to be heard at certain child-in-need-of-aid

proceedings.

Cross References

CROSS REFERENCE: AS 47.10.080(c) and (r); AS 47.10.081; AS

47.10.082; AS 47.10.083; AS 47.10.141(g); 25 U.S.C. §§ 1912, 1915(b)

and (c), 1922.