Rule 17.3 - Petition or proxy for adoption or legal guardianship of a child under AS 47.10.111(a) A petitioner may file a petition for adoption or legal guardianship of a child who is the subject of a pending child-in-need-of-aid proceeding under AS 47.10 as part of the same case. If a petitioner files a petition for adoption or legal guardianship of a child before the court approves adoption or legal guardianship as the permanent plan for the child, the court shall hold the petition for adoption or legal guardianship in abeyance until the court approves adoption or legal guardianship as the permanent plan for the child under Rule 17.2 and AS 47.10.080(l). If the child is in an out-of-home placement but is not placed with the petitioner at the time the petition is filed, the court shall hold a hearing within 90 days to review the permanent plan required under AS 47.10.111(c) . At the hearing, the court shall, in addition to the findings required under Rule 17.2 and AS 47.10.080(l), make findings related to whether the petitioner is entitled to placement preference under AS 47.14.100(e) or 25 U.S.C. 1915(a), whichever is applicable. If 25 U.S.C. 1915(a) applies, the court shall make written findings related to whether the current placement is in compliance with or whether there is good cause to deviate from the placement preferences.(b) A person may file a proxy for a formal petition for adoption or legal guardianship of a child who is the subject of a pending child-inneed- of-aid proceeding under AS 47.10 as part of the same case. If a person files a proxy for a formal petition for adoption or legal guardianship of a child who is in out-of-home placement, and the child is not placed with the person who files the proxy at the time the person files the proxy, the court shall hold a hearing within 90 days to review the permanent plan for the child as required under AS 47.10.112(c). At the hearing, the court shall, in addition to the findings required under Rule 17.2 and AS 47.10.080(l), make findings related to whether the person who filed the proxy is entitled to placement preference under AS 47.14.100(e) or 25 U.S.C. 1915(a), whichever is applicable, and, if 25 U.S.C. 1915(a) applies, whether the current placement is in compliance or whether there is good cause to deviate from the placement preferences.Alaska R. P. Ch. Need 17.3
Added by SCO 1886 effective 1/1/2017.Note: Chapter 6, 4SSLA 2016 (HB 200) enacted changes to the procedures for adopting or becoming the guardian of a child in state custody. Section 17 of the Act amended the Child In Need of Aid Rules, effective January 1, 2017, by adding a new Rule 17.3 concerning adoption or guardianship petitions under AS 47.10.111 for children who are the subject of a pending CINA case. This rule change is adopted for the sole reason that the legislature has mandated the amendment.