Section 25.23.100. Notice of petition, investigation, and hearing.

   (a) [See delayed amendment note]. =ro After the filing of a petition to adopt a minor, the court shall fix a time and place for hearing the petition unless the petition is held in abeyance under AS 47.10.111. At least 20 days before the date of hearing, the petitioner shall give notice of the filing of the petition and of the time and place of hearing to (1) the department, unless the adoption is by a stepparent of the child; (2) any agency or person whose consent to the adoption is required by this chapter, but who has not consented; and (3) a person whose consent is dispensed with upon any ground mentioned in AS 25.23.050(a)(1) - (3), (6), (8), and (9), but who has not consented. The notice to the department shall be accompanied by a copy of the petition.
   (b) Notice to persons specified in AS 25.23.050 must include a statement of the grounds under which consent to the adoption is not required.  Notice given under this section shall be adequate to give actual notice of the proceedings, taking into account education and language differences that are known or reasonably ascertainable by the petitioner or the department. The notice of hearing must contain all names by which the minor has been identified and must state in summary form the effect of a decree of adoption.  Notice shall be given in the manner appropriate under rules of civil procedure for the service of process in a civil action in this state or in any manner the court by order directs.  Notice by publication may not be given unless, for compelling reasons, the court orders it to be given under the procedure established in Rule 4 of the Alaska Rules of Civil Procedure. Proof of the giving of the notice shall be filed with the court before the petition is heard, subject to the time limitations in (e) of this section.
   (c) A reasonable investigation shall be made by the department or the petitioner to assure that all persons listed in (a) of this section are located and given notice of the proposed adoption.  The investigation shall be conducted so that the rights of all parties are protected, including but not limited to the right to privacy and the right to be notified. An affidavit describing the investigation shall be filed with the court if all persons listed in (a) of this section are not located.
   (d) Except as provided in (g) and (i) of this section, an investigation shall be made by the department or any other qualified agency or person designated by the court to inquire into the conditions and antecedents of a minor sought to be adopted and of the petitioner for the purpose of ascertaining whether the adoptive home is a suitable home for the minor and whether the proposed adoption is in the best interest of the minor.
   (e) A written report of the investigation shall be filed with the court by the investigator before the petition is heard so long as the report is filed within 30 days of the designation by the court of the department, agency, or person to make the investigation.
   (f) The report of the investigation must contain an evaluation of the placement with a recommendation as to the granting of the petition for adoption and any other information the court requires regarding the petitioner or the minor.
   (g) Unless directed by the court, an investigation and report is not required in cases in which an agency is a party or joins in the petition for adoption, a stepparent is the petitioner, the person to be adopted is within the fourth degree of lineal or collateral consanguinity to the petitioner, or the person to be adopted is an adult.  In other cases, the court may waive the investigation only if it appears that waiver is in the best interest of the minor and that the adoptive home and the minor are suited to each other. The department which is required to consent to the adoption may give consent without making the investigation.
   (h) The department or the agency or persons designated by the court to make the required investigation may request other departments or agencies within or outside of this state to make investigations of designated portions of the inquiry as may be appropriate and to make a written report as a supplemental report to the court and shall make similar investigations and reports on behalf of other agencies or persons designated by the courts of this state or another state.
   (i) After the filing of a petition to adopt an adult the court by order shall direct that a copy of the petition and a notice of the time and place of the hearing be given to any person whose consent to the adoption is required, but who has not consented.  The court may order an appropriate investigation to assist it in determining whether the adoption is in the best interest of the persons involved.
   (j)   [Repealed, Sec. 22 ch 140 SLA 1986]. 

Authorities

25.23.050;25.23.110

Notes

Recent Bills that will modify this

HB 200 ADOPTION OF CHILD IN STATE CUSTODY
SB 112 ADOPTION OF CHILD IN STATE CUSTODY

Implemented As

7 AAC 53.210

References

AS 25.23.050 Persons as to whom consent and notice not required.
AS 25.23.110 Required residence of minor.

History

(Sec. 1 ch 84 SLA 1974; am Sec. 4 ch 167 SLA 1975; am Sec. 1 ch 150 SLA 1976; am Sec. 9, 10, 22 ch 140 SLA 1986; am Sec. 2 ch 38 SLA 2008; am Sec. 6 ch 6 4SSLA 2016)