Rule 10.1 - Out-of-Home Placement- Required Findings(a)Findings in Cases Involving Non-Indian Child.(1)Findings.(A) If the Department has taken emergency custody of a non-Indian child under AS 47.10.142, the court shall inquire into and determine at the temporary custody hearing whether the Department has made reasonable efforts as required by AS 47.10.086(a) to prevent out-of-home placement, or whether it was not possible under the circumstances to make efforts that would have prevented removal of the child. (B) At any other hearing at which the court is ordering a non-Indian child's removal from the home, the court shall inquire into and determine whether the Department has made reasonable efforts as required by AS 47.10.086(a) to prevent out-of-home placement, unless the court has previously determined under Rule 17.1 that reasonable efforts are not required. (C) At each hearing at which the court is continuing a previous order authorizing removal of a non-Indian child, the court shall inquire into and determine whether the Department has made reasonable efforts since the last hearing as required by AS 47.10.086(a) to permit the child's return to the home, unless the court has previously determined under Rule 17.1 that reasonable efforts are not required. (2)Effect of a Finding that Department Failed to Make Reasonable Efforts. A finding that the Department has failed to make reasonable efforts is not in itself a ground for returning the child to the home or dismissing a petition and does not affect the court's ability to proceed to adjudication. However, the court cannot enter a disposition order if the court finds that the Department has failed to make reasonable efforts, unless the court has determined under Rule 17.1 that reasonable efforts are not required. If the Department has failed to make required reasonable efforts, the court must postpone disposition until the court finds that reasonable efforts have been made. On motion of a party or on its own motion, the court may order the Department to comply with AS 47.10.086(a) within a reasonable time. If the Department fails to comply with the order, the court may impose appropriate sanctions. (b)Findings in Cases Involving Indian Child.(1)Findings. At each hearing at which the court is authorizing an Indian child's removal from the child's parent or Indian custodian or continuing a previous order authorizing removal, the court shall inquire into and determine: (A) whether the Department has complied with the placement requirements of 25 U.S.C. § 1915(b) and (B) whether active efforts have been made to provide remedial services and rehabilitative programs as required by 25 U.S.C. § 1912(d).* (2)Effect of a Finding that Requirements Have Not Been Met. A finding that the requirements of 25 U.S.C. §§ 1912(d) or 1915(b) have not been met is not in itself a ground for restoring the child to the parent or Indian custodian or dismissing a petition and does not affect the court's ability to proceed to adjudication. However, the court cannot enter a disposition order if the court finds that the requirements of 25 U.S.C. § 1912(d) (active efforts) have not been met.* In those circumstances, the court must postpone disposition until the court finds that active efforts have been made. On motion of a party or on its own motion, the court may order the Department to comply with 25 U.S.C. §§ 1912(d) or 1915(b) within a reasonable time. If the Department fails to comply with this order, the court may impose appropriate sanctions. Alaska R. P. Ch. Need 10.1
SCO 1355 effective 7/15/1999*As of June 1999, it is an open issue whether federal law permits a trial court to determine that active efforts are not required in a case or that such efforts may be discontinued.