Title 47 — Welfare, Social Services, and Institutions

34 chapters · 745 sections in this title.

70 sectionsFiltered byTitle 47 Ch 10

AS 47.10.005 Construction.
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The provisions of this chapter shall be liberally construed to (1) achieve the end that a child coming within the jurisdiction of the court under this chapter may receive the care, guidance, treatment, and control that will promote the child's welfare and the parents' participati…
AS 47.10.010 Jurisdiction; guardians and attorneys; support.
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(a) Proceedings relating to a child under 18 years of age residing or found in the state are governed by this chapter when the child is alleged to be or may be determined by the court to be a child in need of aid under AS 47.10.011. (b) In a controversy concerning custody of a ch…
AS 47.10.011 Children in need of aid.
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Subject to AS 47.10.019, the court may find a child to be a child in need of aid if it finds by a preponderance of the evidence that the child has been subjected to any of the following: (1) a parent or guardian has abandoned the child as described in AS 47.10.013, and the other …
AS 47.10.013 Abandonment.
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(a) For purposes of this chapter, the court may find abandonment of a child if a parent or guardian has shown a conscious disregard of parental responsibilities toward the child by failing to provide reasonable support, maintain regular contact, or provide normal supervision, con…
AS 47.10.014 Neglect.
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For purposes of this chapter, the court may find neglect of a child if the parent, guardian, or custodian fails to provide the child with adequate food, clothing, shelter, education, medical attention, or other care and control necessary for the child's physical and mental health…
AS 47.10.015 Physical harm.
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For the purposes of this chapter, the court may find physical harm to a child or substantial risk of physical harm to a child if (1) the child was the victim of an act described in AS 11.41.100 — 11.41.250, 11.41.300, 11.41.410 — 11.41.455, or AS 11.51.100 and the physical harm o…
AS 47.10.019 Limitations on determinations.
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Notwithstanding other provisions of this chapter, the court may not find a minor to be a child in need of aid under this chapter solely on the basis that the child's family is poor, lacks adequate housing, or exhibits a lifestyle that is different from the generally accepted life…
AS 47.10.020 Investigation and petition.
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(a) Whenever circumstances subject a child to the jurisdiction of the court under AS 47.10.005 — 47.10.142, the court shall appoint a competent person or agency to make a preliminary inquiry and report for the information of the court to determine whether the best interests of th…
AS 47.10.030 Summons and custody of minor.
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(a) After a petition is filed and after further investigation that the court directs, if the person having custody or control of the minor has not appeared voluntarily, the court shall issue a summons that (1) recites briefly the substance of the petition; (2) clearly states that…
AS 47.10.040 Release of minor. [Repealed, § 55 ch 59 SLA 1996. For current law as to a child in need of aid, see AS 47.10.080(c)(2); as to an alleged delinquent minor, see AS 47.12.080.]
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[Repealed or reserved.]
AS 47.10.050 Appointment of guardian ad litem or attorney.
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(a) Whenever in the course of proceedings instituted under this chapter it appears to the court that the welfare of a child will be promoted by the appointment of an attorney to represent the child, the court may make the appointment. If it appears to the court that the welfare o…
AS 47.10.060 Waiver of jurisdiction. [Repealed, § 55 ch 59 SLA 1996. For current law as to an alleged delinquent minor, see AS 47.12.100.]
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[Repealed or reserved.]
AS 47.10.070 Hearings.
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(a) The court may conduct the hearing on the petition in an informal manner. The court shall give notice of the hearing to the department, and it may send a representative to the hearing. The court shall also transmit a copy of the petition to the department. The department shall…
AS 47.10.072 Access to hearing by victim. [Repealed, § 23 ch 57 SLA 1991.]
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[Repealed or reserved.]
AS 47.10.075 Young adult advisory panels. [Repealed, § 55 ch 59 SLA 1996.]
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[Repealed or reserved.]
AS 47.10.080 Judgments and orders.
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(a) An adjudication hearing shall be completed within 120 days after a finding of probable cause is entered unless the court finds good cause to continue the hearing. When determining whether to grant a continuance for good cause, the court shall take into consideration the age o…
AS 47.10.081 Predisposition hearing reports.
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(a) [Repealed, § 55 ch 59 SLA 1996.] (b) Before the disposition hearing of a child in need of aid, the department shall submit a predisposition report to aid the court in its selection of a disposition. This report must include, but is not limited to, the following: (1) a stateme…
AS 47.10.082 Health and safety of child and other considerations.
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In making its dispositional order under AS 47.10.080(c), the court shall keep the health and safety of the child as the court's paramount concern and consider (1) the best interests of the child; (2) the ability of the state to take custody and to care for the child to protect th…
AS 47.10.083 Review of orders, requests for extensions.
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In a review under AS 47.10.080(f) and in a hearing related to a request for extended commitment or extended supervision under AS 47.10.080(c)(1) or (2), the court shall, in addition to the requirements of those provisions and the requirements of court rules, determine whether a c…
AS 47.10.084 Legal custody, guardianship, and residual parental rights and responsibilities.
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(a) When a child is committed under AS 47.10.080(c)(1) to the department, released under AS 47.10.080(c)(2) to the child's parents, guardian, or other suitable person, or committed to the department or to a legally appointed guardian of the person of the child under AS 47.10.080(…
AS 47.10.085 Medical treatment by religious means.
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In a case in which the minor's status as a child in need of aid is sought to be based on the need for medical care, the court may, upon consideration of the health of the minor and the fact, if it is a fact, that the minor is being provided treatment by spiritual means through pr…
AS 47.10.086 Reasonable efforts.
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(a) Except as provided in (b), (c), and (g) of this section, the department shall make timely, reasonable efforts to provide family support services to the child and to the parents or guardian of the child that are designed to prevent out-of-home placement of the child or to enab…
AS 47.10.087 Placement in secure residential psychiatric treatment center.
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(a) The court may authorize the department to place a child who is in the custody of the department under AS 47.10.080(c)(1) or (3) or 47.10.142 in a secure residential psychiatric treatment center if the court finds, based on the testimony of a mental health professional, that (…
AS 47.10.088 Involuntary termination of parental rights and responsibilities.
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(a) Except as provided in AS 47.10.080(o), the rights and responsibilities of the parent regarding the child may be terminated for purposes of freeing a child for adoption or other permanent placement if the court finds by clear and convincing evidence that (1) the child has been…
AS 47.10.089 Voluntary relinquishment of parental rights and responsibilities.
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(a) When a child is committed to the custody of the department under AS 47.10.080(c)(1) or (3) or released under AS 47.10.080(c)(2), the rights of a parent with respect to the child, including parental rights to control the child, to withhold consent to an adoption, or to receive…
AS 47.10.090 Court records.
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(a) The court shall make and keep records of all cases brought before it. (b) [Repealed, § 55 ch 59 SLA 1996.] (c) Within 30 days after the date of a child's 18th birthday or, if the court retains jurisdiction of a child past the child's 18th birthday, within 30 days after the da…
AS 47.10.092 Disclosure to certain public officials and employees.
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(a) Notwithstanding AS 47.10.090 and 47.10.093, a parent or legal guardian of a child subject to a proceeding under AS 47.10.005 — 47.10.142 may disclose confidential or privileged information about the child or the child's family, including information that has been lawfully obt…
AS 47.10.093 Disclosure of agency records.
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(a) Except as permitted in AS 47.10.092, (b) — (g) and (i) — (l) of this section, and AS 47.17.030(g) and (h), all information and social records pertaining to a child who is subject to this chapter or AS 47.17 prepared by or in the possession of a federal, state, or municipal ag…
AS 47.10.095 Arrest of a minor. [Repealed, § 55 ch 59 SLA 1996. For current law, see AS 47.12.200.]
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[Repealed or reserved.]
AS 47.10.097 Fingerprinting of minors. [Repealed, § 55 ch 59 SLA 1996. For current law, see AS 47.12.210.]
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[Repealed or reserved.]
AS 47.10.098 Grievance procedure.
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(a) The department shall develop, in regulation, a grievance procedure for a parent to file a complaint based on (1) the application of a department policy or procedure under this chapter; (2) compliance with this chapter or a regulation adopted under this chapter; or (3) an act …
AS 47.10.100 Retention of jurisdiction over child.
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(a) The court retains jurisdiction over the case and may at any time stay execution, modify, set aside, revoke, or enlarge a judgment or order, or grant a new hearing, in the exercise of its power of protection over the child and for the child's best interest, for a period of tim…
AS 47.10.110 Appointment of guardian or custodian.
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When, in the course of a proceeding under this chapter, it appears to the court that the welfare of a minor will be promoted by the appointment of a guardian or custodian of the minor's person, the court may make the appointment. The court shall have a summons issued and served u…
AS 47.10.111 Petition for adoption or guardianship of a child in state custody.
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(a) Except as provided under AS 13.26.137(b)(2) and AS 25.23.030(d)(2), if a person seeks adoption or appointment as legal guardian of a child in state custody under this chapter, the court shall hear the adoption or guardianship proceedings as part of the child-in-need-of-aid pr…
AS 47.10.112 Proxy for a formal petition for adoption or legal guardianship.
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(a) A person seeking the immediate permanent placement of a child in state custody under this chapter may file a proxy for a formal petition for adoption or legal guardianship of the child. The court shall hear proceedings related to the proxy as part of the child-in-need-of-aid …
AS 47.10.113 Civil custody proceedings.
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(a) Except as provided in AS 25.24.150(a), a court shall hear a request to make, modify, or vacate an order for the custody of or visitation with a minor child in state custody under this chapter as part of the child-in-need-of-aid proceedings relating to the child. (b) A person …
AS 47.10.115 Permanent fund dividend.
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(a) The department shall annually apply for a permanent fund dividend and retain in trust under AS 43.23.015(e) for the benefit of the child the dividend and accrued interest on the dividend if the child is in the custody of the department when the application is due. (b) The dep…
AS 47.10.120 Support of child.
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(a) When a child in need of aid is committed under this chapter, the court or the child support services agency created in AS 25.27.010 shall, after giving the parent a reasonable opportunity to be heard, require that the parent pay to the department in a manner that the court or…
AS 47.10.130 Detention. [Repealed, § 55 ch 59 SLA 1996. For current law, see AS 47.12.240.]
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[Repealed or reserved.]
AS 47.10.140 Temporary detention and detention hearing. [Repealed, § 55 ch 59 SLA 1996. For current law, see AS 47.12.250.]
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[Repealed or reserved.]
AS 47.10.141 Runaway and missing minors.
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(a) Upon receiving a written, telephonic, or other request to locate a minor evading the minor's legal custodian or to locate a minor otherwise missing, a law enforcement agency shall make reasonable efforts to locate the minor and shall immediately complete a missing person's re…
AS 47.10.142 Emergency custody and temporary placement hearing.
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(a) The Department of Family and Community Services may take emergency custody of a child upon discovering any of the following circumstances: (1) the child has been abandoned as abandonment is described in AS 47.10.013; (2) the child has been neglected by the child's parents or …
AS 47.10.150 Secs. 47.10.150 — 47.10.180. General power, duty, and authority of the department. [Repealed, § 55 ch 59 SLA 1996. For current law, see AS 47.14.010 — 47.14.050.]
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[Repealed or reserved.]
AS 47.10.190 Detention of minors. [Repealed, § 55 ch 59 SLA 1996. For current law, see AS 47.12.240(a).]
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[Repealed or reserved.]
AS 47.10.200 Releasing juveniles after commitment. [Repealed, § 55 ch 59 SLA 1996. For current law, see AS 47.12.260.]
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[Repealed or reserved.]
AS 47.10.210 Youth counsellors. [Repealed, § 55 ch 59 SLA 1996. For current law, see AS 47.12.270.]
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[Repealed or reserved.]
AS 47.10.220 Grants-in-aid. [Repealed, § 55 ch 59 SLA 1996. For current law, see AS 47.10.980 and 47.12.980.]
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[Repealed or reserved.]
AS 47.10.230 Secs. 47.10.230 — 47.10.260. Care of children. [Repealed, § 55 ch 59 SLA 1996. For current law, see AS 47.14.100 — 47.14.130.]
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[Repealed or reserved.]
AS 47.10.265 Youth courts. [Repealed, § 55 ch 59 SLA 1996. For current law, see AS 47.12.400.]
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[Repealed or reserved.]
AS 47.10.270 [Renumbered as AS 47.10.970.]
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[Repealed or reserved.]