Rule 17.1 - Determination that Reasonable Efforts Not Required(a)Proceeding to Determine that Reasonable Efforts Not Required. At any stage of a proceeding under these rules, a party may file a motion for a determination that reasonable efforts of the type described in AS 47.10.086(a) are not required, specifying the basis for the motion under AS 47.10.086(c). If the party intends that any evidentiary hearing on the motion be combined with a scheduled trial or other hearing, the motion must be filed and served at least 30 days prior to that proceeding. (b)Proceeding to Determine that Reasonable Efforts May Be Discontinued. At the permanency hearing required under AS 47.10.080(l), the court may find that a continuation of reasonable efforts is not in the best interests of the child under AS 47.10.086(b). Any party recommending such a finding must include that recommendation, specifying the factual basis for it, in its report for permanency hearing required by CINA Rule 17.2(c) or in a separate motion. (c)Permanency Hearing Required. If the court determines that reasonable efforts are not required under AS 47.10.086(c) in a proceeding other than a permanency hearing, the court shall hold a permanency hearing under AS 47.10.080(l) within 30 days after the determination. (d)Conduct of Proceeding.(1)Right to Evidentiary Hearing. A party may request an evidentiary hearing within the time specified in Civil Rule 77(e)(l). The court shall hold an evidentiary hearing upon request. (2)Standard of Proof. The party requesting a determination that reasonable efforts are not required must present proof clear and convincing evidence. (3)Child's Best Interests. In determining whether reasonable efforts are required, the court's primary consideration is the child's best interests. (4)Findings. The court must make specific findings in support of its decision. Alaska R. P. Ch. Need 17.1
SCO 1355 effective 7/15/1999; amended by SCO 1401 effective 10/15/2000; and by SCO 1651 effective 10/15/2007Note to SCO 1651: Chapter 20 SLA 2006 (HB 408) enacted changes relating to the standard of proof in child in need of aid proceedings. Section 1 of the Act amended AS 47.10.086(c) to change the standard of proof for a finding that reasonable efforts, as described in AS 47.10.086(a), are not required. The change to CINA Rule 17.1 is adopted to maintain consistency between the rule and the statutes.
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