Alaska R. P. Ch. Need 4

As amended through May 30, 2024
Rule 4 - Appointment and Authority of Masters
(a) Appointment. The presiding judge may appoint a standing master to conduct any or all of the CINA proceedings listed in subparagraph (b)(2). Appointments of standing masters must be reviewed annually. The presiding judge may appoint a special master to conduct a proceeding which is specified in the order of reference and is listed in subparagraph (b)(2).
(b) Authority, Order of Reference.
(1) An order of reference specifying the extent of the master's authority and the type of appointment must be entered in every case assigned to a master. The order of reference must be served on all parties.
(2) The following proceedings may be referred to a master:
(A) emergency or temporary custody hearings;
(B) interim hearings, including temporary custody review hearings and pre-trial conferences;
(C) adjudication and disposition hearings;
(D) permanency hearings, post-disposition review hearings, and extension-of-custody hearings.
(3) Termination trials may not be referred to a master.
(4) A master's report is not binding until approved by a superior court judge pursuant to Civil Rule 53(d) and paragraph (f) of this rule, except:
(A) a master may enter orders without further approval of the superior court pursuant to Civil Rule 53(b) and (c), and by paragraph (d) of this rule; and
(B) a master's order of removal from the home is effective pending superior court review; and
(C) a master's order returning a child to the home is effective pending superior court review unless a party immediately objects, in which case the master's order is stayed pending superior court review.
(c) Objection to Reference to a Master. In addition to the peremptory challenge of a master provided for in Civil Rule 42(c), a party may file an objection to a referral to a master in the following manner:
(1)Timeliness. A party may file an objection no later than five days after receiving notice of the order of reference.
(2)Grounds for Objection. An objection to the assignment of a master to hear an adjudication hearing, a disposition hearing following a contested adjudication or an extension of custody hearing will be granted as a matter of right. Any other objection must set forth sufficient grounds from which the court may determine whether good cause exists to remove the matter from the master's jurisdiction. Good cause may include involvement of (i) complex questions of law which require a decision by a superior court judge or (ii) questions requiring prompt resolution which would be seriously impaired by a reference to a master.
(d) Standing Master's Authority to Enter Orders. A standing master is authorized to take the following actions without further approval by a superior court judge:
(1) order emergency custody under CINA Rule 6(b);
(2) appoint counsel and guardians ad litem;
(3) order home studies, predisposition reports, and psychological or psychiatric evaluations;
(4) set hearings and order continuances of the master's hearings;
(5) issue orders on motions requesting expedited review pursuant to Civil Rule 77(i);
(6) accept and approve stipulations, except that stipulated adjudications or dispositions must be reviewed by a superior court judge; ¦
(7) review and approve uncontested orders on annual review;
(8) accept voluntary relinquishments of parental rights, and in the case of an Indian child, make the requisite judicial certification of voluntary consent required by federal law.
(9) order mediation and other forms of alternative dispute resolution under Civil Rule 100, but only if the affected parties have agreed to participate.
(e) Master's Report, Recommendations. A master may issue a written report or oral findings on the record concerning an order or recommendation which must be approved by a superior court judge. The master shall advise the parties on the record of their right to file objections to any such decision pursuant to paragraph (f) of this rule.
(f) Objections to Master's Report, Recommendations.
(1)Objections, Reply, Oral Argument. Objections to a master's report or recommendation must be filed within 10 days of service of the report unless the court requires objection to be filed earlier. In the case of a recommendation rendered orally on the record where a party requests an electronic recording of the recommendation, the time period for objection runs from receipt of the recording. A reply to the objections must be filed within three days of service of the objections. The superior court may permit oral argument, order the taking of further evidence, or grant a hearing de novo.
(2)Request for Stay, Immediate Review. A party may request that a superior court judge stay the master's order issued under paragraph (d) pending review of the order.
(3)Immediate Review of Order Removing or Returning the Child from or to the Home. In addition to the objections permitted under paragraph (f)(1), a master's order removing or returning a child from or to the home must be reviewed by the superior court by the end of the next working day if a party so requests. The superior court's review under this paragraph will be limited to the existing record absent further order of the court. No response shall be made to a request for immediate review unless requested by the court, but the superior court will ordinarily not reject the master's recommendation in the absence of such an invitation.

Alaska R. P. Ch. Need 4

SCO 845 effective 8/15/1987; amended by SCO 1355 effective 7/15/1999; and SCO 1555 effective 10/15/2004; and by SCO 1749 effective 4/15/2011; and by SCO 1912 effective 10/16/2017.