Rule 7. Petition for Adjudication—Summons

(a) Petition. Formal proceedings may be commenced by

the filing of a petition for adjudication of a child as a child in

need of aid. The petition must be verified and must contain a

statement of facts that would support a finding that the child is

a child in need of aid under AS 47.10.011. If the child is

believed to be an Indian child, the petition must so state and

must state, if known, the Indian child’s tribe. The petition may

include a request for temporary custody under CINA Rule 10.

(b) Notice of Hearing. The Department shall provide a

copy of the petition, as well as actual notice of the time and

place of the initial hearing and of the parties’ right to counsel,

to the parents, guardian, and Indian custodian if these parties

can be found after diligent efforts. In addition, actual notice of

the proceedings must be given to any foster parent or other

out-of-home care provider within a reasonable time before the

hearing. If an Indian child is taken into emergency custody, the

Department shall make reasonable efforts to ascertain and

provide actual notice to the child’s tribe before the temporary

custody hearing.

(c) Summons. The court shall issue a summons to be

served with the petition on the child, parents, guardian, and

guardian ad litem. If the summons and petition are not

contained in one document, the petition must be attached to

and incorporated by reference into the summons. The

summons must contain a statement advising the parties of their

right to counsel.

the temporary

custody hearing.

(c) Summons. The court shall issue a summons to be

served with the petition on the child, parents, guardian, and

guardian ad litem. If the summons and petition are not

contained in one document, the petition must be attached to

and incorporated by reference into the summons. The

summons must contain a statement advising the parties of their

right to counsel.

(d) Service of Petition and Summons. The petition and

summons must be served pursuant to Civil Rule 4 or as

directed by the court. The child’s summons must be served on

the child’s guardian ad litem, attorney or social worker. This

person must deliver the summons to the child if the child is of

an appropriate age. The court may appoint employees of the

Department or any other competent person to serve the

summons and petition. Inability to obtain service on any party

does not deprive the court of jurisdiction.

(e) Unknown Parent. If the identity of the parent is

unknown and the court is satisfied that no form of notice, even

under Civil Rule 4(e), is reasonably likely to give actual notice

to the parent, the court may waive notice.

(f) Notice in Cases Involving an Indian Child.

(1) If there is reason to believe that the child is an Indian

child, the Department shall give notice to the child’s parents,

Indian custodian, and to any tribe that may be the child’s tribe,

of their rights under the Indian Child Welfare Act. This notice

must be personally served or sent by certified mail with return

receipt requested. If the identity or location of the parents or

Indian custodian or tribe cannot be determined, notice that

would otherwise have been sent to the missing persons or tribe

must be given to the appropriate area office of the Bureau of

Indian Affairs.

of their rights under the Indian Child Welfare Act. This notice

must be personally served or sent by certified mail with return

receipt requested. If the identity or location of the parents or

Indian custodian or tribe cannot be determined, notice that

would otherwise have been sent to the missing persons or tribe

must be given to the appropriate area office of the Bureau of

Indian Affairs.

(2) The notice of rights under the Indian Child Welfare

Act must contain the following information:

(A) The name of the Indian child.

(B) The child’s tribal affiliation, if known. If notice is

being sent to more than one tribe, a statement of all tribes

being notified must be included.

(C) A copy of the petition.

(D) The location, mailing address, and telephone number

of the court, and the time and place of the next hearing, if

known.

(E) A statement of the right of the Indian custodian and

the tribe to intervene in the proceeding.

(F) A statement that if the parents or Indian custodian are

unable to afford counsel, counsel will be appointed to represent

them.*

(G) A statement of the rights of the parents, Indian

custodian or the tribe to have, on request, up to 30 days to

prepare for the adjudication hearing.

(H) A statement of the potential legal consequences of an

adjudication on the rights of the parents or Indian custodian.

(I) A statement that child custody proceedings are

conducted on a confidential basis and that tribal officials are

required to keep confidential the information contained in the

notice and not reveal it to anyone who does not need the

information in order to exercise the tribe’s rights.

(g) Dismissal. The court may dismiss a petition at any

time based on a finding of good cause consistent with the

welfare of the child and the family.

s are

conducted on a confidential basis and that tribal officials are

required to keep confidential the information contained in the

notice and not reveal it to anyone who does not need the

information in order to exercise the tribe’s rights.

(g) Dismissal. The court may dismiss a petition at any

time based on a finding of good cause consistent with the

welfare of the child and the family.

(h) Amendment. A petition may be amended by leave of

the court and with reasonable notice on all parties at any time

before the adjudication order. Amendment with appropriate

continuances will be permitted to promote the interests of

justice and the welfare of the child and the family.

*An indigent Indian custodian has a right to court-appointed

counsel under 25 U.S.C. § 1912(b). Counsel appointed under §

1912 may seek compensation pursuant to 25 CFR 23.13.

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 47.10.020(b); AS 47.10.030; AS

47.10.070; AS 47.10.142(a); 25 U.S.C. § 1912.

PART IV. DISCOVERY, EVIDENCE, PROOF