Rule 3. Hearings

(a) Notice. Notice of each hearing must be given to all

parties, and any foster parent or other out-of-home care

provider, within a reasonable time before the hearing. Notice

to a foster parent or out-of-home care provider must be

provided by the Department. Actual notice within a reasonable

time before the hearing satisfies this rule. The child’s attorney,

or the guardian ad litem if the child does not have an attorney,

shall notify the child who is age 10 or older of the right to be

present and participate in the hearing. Notice to a child under

the age of 10 is satisfied by notifying the foster parent or out-

of-home care provider. At each hearing the court shall

determine if the child has received notice of the hearing and

may continue the hearing if notice was not provided.

(b) Presence of the Child. The child has a right to be

present at all hearings and to address the court and participate.

The right to be present may be waived unless the court requires

the child to be present. If the child is age 10 or older, the right

may be waived by the child through the child’s attorney, if one

has been appointed, or through the guardian ad litem. If the

child is younger than age 10, the right may be waived by the

child’s guardian ad litem.

(c) Presence of Grandparent or Out-of-Home Care

Provider. A grandparent of a child and the out-of-home care

provider are entitled to be heard at any hearing at which the

person is present. However, the court may limit the presence of

these persons in a hearing that has been closed to the public

under (f)(2) of this rule to the time during which the person’s

testimony is being given the court determines that such a

limitation is necessary under the circumstances listed in

(f)(2)(C) of this rule.

provider are entitled to be heard at any hearing at which the

person is present. However, the court may limit the presence of

these persons in a hearing that has been closed to the public

under (f)(2) of this rule to the time during which the person’s

testimony is being given the court determines that such a

limitation is necessary under the circumstances listed in

(f)(2)(C) of this rule.

(d) Parties Excluded.

(1) The presumption of this rule is that children have the

right to attend CINA proceedings. The court should not

routinely exclude children from CINA proceedings. The court

may exclude a child during a proceeding, or parts of a

proceeding, if the child would be materially harmed by

attendance. If the court excludes the child, the court shall make

specific findings explaining why the child was excluded.

(2) The court also may exclude a parent, guardian, or

Indian custodian during the child’s testimony to protect the

child from material harm, provided that the parent, guardian, or

Indian custodian may listen to a recording of the testimony to

prepare for further examination and rebuttal.

(e) Exclusion of Witnesses. Witnesses may be excluded

from a hearing pursuant to Evidence Rule 615.

(f) General Public Access to Hearings.

(1) Except as provided in (2) of this paragraph, and

unless prohibited by federal or state statute or regulation, court

order, or other court rule, hearings are open to the public.

ording of the testimony to

prepare for further examination and rebuttal.

(e) Exclusion of Witnesses. Witnesses may be excluded

from a hearing pursuant to Evidence Rule 615.

(f) General Public Access to Hearings.

(1) Except as provided in (2) of this paragraph, and

unless prohibited by federal or state statute or regulation, court

order, or other court rule, hearings are open to the public.

(2) The following hearings are closed to the public:

(A) the initial court hearing after the filing of a petition

that begins the child-in-need-of-aid case;

(B) a hearing following the initial hearing in which a

parent, child, or other party to the case is present but has not

had an opportunity to obtain legal representation;

(C) a hearing, or a part of a hearing, for which the court

issues a written order finding that allowing the hearing, or part

of the hearing, to be open to the public would reasonably be

expected to stigmatize or be emotionally damaging to a child;

inhibit a child’s testimony in the hearing; disclose matters

otherwise required to be kept confidential by state or federal

statute or regulation, court order, or court rule; or interfere with

a criminal investigation or proceeding or a criminal

defendant’s right to a fair trial in a criminal proceeding.

(3) Before ruling on a request under (2)(C) of this

paragraph concerning potential interference with a criminal

investigation or proceeding, the court shall give notice and an

opportunity to be heard to the state or a municipal agency that

is assigned to the criminal investigation or to the prosecuting

attorney.

(4) If the court closes a hearing to the public under

(2)(C) of this paragraph, the court shall close only the portions

of the hearing necessary to prevent the potential harm listed in

minal

investigation or proceeding, the court shall give notice and an

opportunity to be heard to the state or a municipal agency that

is assigned to the criminal investigation or to the prosecuting

attorney.

(4) If the court closes a hearing to the public under

(2)(C) of this paragraph, the court shall close only the portions

of the hearing necessary to prevent the potential harm listed in

(2)(C) of this paragraph. If a hearing, or part of a hearing, is

open to the public, the court shall hear in camera any

information offered regarding the location, or readily leading

to the location, of a parent, child, or other party to the case who

is a victim of domestic violence or whose safety or welfare

may be endangered by the public release of information.

Access to testimony heard in camera under this subparagraph

is limited to the court and authorized court personnel.

(5) Notwithstanding any other provision of this rule, the

court shall issue an order to prohibit all persons in a hearing

open to the public from disclosing to any person a name,

picture, or other information that would readily lead to the

identification of a child who is the subject of the proceeding. If

a person violates the order, the court may impose any

appropriate sanction, including contempt and closure of any

further hearings to the person.

(6) A party to the proceeding may move the court to

close to the public a hearing, or part of the hearing, to avoid

the harm specified in (2)(C) of this paragraph. A member of

the public may request in writing to be served with a motion

filed under this subparagraph. If such a request has been filed

in advance of the filing of the motion, the party filing the

motion must also serve the member of the public who

requested notice under this subparagraph

the public a hearing, or part of the hearing, to avoid

the harm specified in (2)(C) of this paragraph. A member of

the public may request in writing to be served with a motion

filed under this subparagraph. If such a request has been filed

in advance of the filing of the motion, the party filing the

motion must also serve the member of the public who

requested notice under this subparagraph. The court may waive

the service required under this subparagraph to a member of

the public if a motion to close the hearing, or part of the

hearing, is made under this subparagraph immediately before

or during the hearing and the court finds that

(A) the need for closure was not reasonably foreseeable

sufficiently in advance of the hearing to allow for notice;

(B) there is good cause not to delay the hearing in order

to achieve notice, taking into consideration the age of the child

and the potential adverse effect that a delay could have on the

child; and

(C) whatever

notice

is

practicable

under

the

circumstances has occurred.

(g) Telephonic Participation.

(1) The court may conduct any hearing with telephonic

participation by one or more parties, counsel, witnesses, foster

parents or out-of home care providers, or the judge.

(2) In any proceeding in which the court is authorized to

proceed ex parte, the court may contact the non-appearing

party or counsel by telephone, and in the interests of justice

receive evidence or argument without stipulation of the parties.

(3) Procedures for telephonic hearings are governed by

Civil Rule 99(b). Payment of telephone costs is governed by

Administrative Rule 48.

(h) Testimony Under Oath. All testimony must be

given under oath or affirmation as required by Evidence Rule

603.

-appearing

party or counsel by telephone, and in the interests of justice

receive evidence or argument without stipulation of the parties.

(3) Procedures for telephonic hearings are governed by

Civil Rule 99(b). Payment of telephone costs is governed by

Administrative Rule 48.

(h) Testimony Under Oath. All testimony must be

given under oath or affirmation as required by Evidence Rule

603.

(i) Representation by Non-Attorney. Unless the court

for good cause requires representation by an attorney, an

Indian tribe that has intervened may be represented by a non-

attorney designated by the Indian tribe. The tribe must file a

written authorization for representation by the designated non-

attorney before the non-attorney may represent the tribe. If the

tribe changes its designated representative or if the

representative withdraws, the tribe must file a written

substitution of representation or withdrawal. A guardian ad

litem need not be represented by an attorney unless the court,

for good cause, requires representation by an attorney.

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.

Note:

Chapter 64, sections 51 and 52, SLA 2005 (HB 53)

amended Child in Need of Aid Rule 3(c) and (f) to make child

in need of aid hearings generally open to the public, with

certain exceptions, as reflected in section 1 of this Order. The

changes to CINA Rule 3(c) and (f) are adopted for the sole

reason that the legislature has mandated the amendments

ain child-in-need-of-aid

proceedings.

Note:

Chapter 64, sections 51 and 52, SLA 2005 (HB 53)

amended Child in Need of Aid Rule 3(c) and (f) to make child

in need of aid hearings generally open to the public, with

certain exceptions, as reflected in section 1 of this Order. The

changes to CINA Rule 3(c) and (f) are adopted for the sole

reason that the legislature has mandated the amendments. In

addition, according to section 61(a) of the Act, sections 9 and

10 of the Act, and AS 47.10.080(u), enacted in section 14,

have the effect of changing CINA Rule 3 by allowing members

of the public to attend court hearings except in certain

circumstances.

Cross References

CROSS REFERENCE: AS 47.10.030(b); AS 47.10.070.

PART II. MASTERS, MAGISTRATE JUDGES,

DISTRICT COURT JUDGES