Rule 6. Emergency Custody

(a) Emergency Custody Without Court Order. The

Department may take emergency custody of a child pursuant to

AS 47.10.142 without a court order. If the Department

determines that continued custody is necessary to protect the

child, the Department shall notify the court of the emergency

custody by filing, within 24 hours after custody was assumed,

a petition alleging that the child is a child in need of aid. If the

Department releases the child within 24 hours after taking the

child into custody and does not file a petition, the Department

shall, within 24 hours after releasing the child, file with the

court a report explaining why the child was taken into custody,

why the child was released, and to whom the child was

released.

(b) Emergency Custody With Court Order.

(1) Who May Request. The Department or any other

person or agency may petition the court for an order granting

emergency custody of the child to the Department.

(2) Form, Contents of Motion. The petition must be

supported by a statement of facts sufficient to show that the

child is a child in need of aid and is in a condition which

requires the immediate assumption of custody pursuant to AS

47.10.142. If a child is believed to be an Indian child, the

statement of facts must show the tribal affiliation of the child,

if known, and must be sufficient to show that removal of the

child from the home is necessary to prevent imminent physical

damage or harm to the child. The statement of facts must be

made under oath, either in a petition, by affidavit, or orally on

the record.

o AS

47.10.142. If a child is believed to be an Indian child, the

statement of facts must show the tribal affiliation of the child,

if known, and must be sufficient to show that removal of the

child from the home is necessary to prevent imminent physical

damage or harm to the child. The statement of facts must be

made under oath, either in a petition, by affidavit, or orally on

the record.

(3) Order. If the court determines that there is probable

cause to believe that the child is a child in need of aid and is in

such condition or surroundings that the child’s welfare requires

the immediate assumption of custody, the court may

immediately issue an emergency custody order. In a case

involving an Indian child, the court may not order emergency

removal unless it finds that removal is necessary to prevent

imminent physical damage or harm to the child. The order

must be directed to a peace officer or other person specifically

designated by the court, and shall require that the child be

taken into custody immediately.

(4) Notification to Department. If the emergency custody

order was not requested by the Department, the court shall, if

possible, notify the Department of the motion immediately,

and in any event no later than 12 hours after the motion is

filed.

(5) Service. At the time of executing the order, or as soon

thereafter as practicable, the peace officer or other person

specifically designated by the court shall serve the child,

parents, Indian custodian, guardian, and Department with a

copy of the emergency custody order, a summons to the

temporary custody hearing if one has been issued, and any

available pleadings filed in support of the order. The person

charged with service shall prepare and retain a return of

service.

Cross References

CROSS REFERENCE: AS 22.15.100(8); AS 47.10.141; AS

47.10.142.