Section 44.21.410. Powers and duties.

   (a) The office of public advocacy shall
        (1) perform the duties of the public guardian under AS 13.26.700 - 13.26.750;
        (2) provide visitors and experts in guardianship proceedings under AS 13.26.291;
        (3) provide guardian ad litem services to children in child protection actions under AS 47.17.030(e) and to wards and respondents in guardianship proceedings who will suffer financial hardship or become dependent upon a government agency or a private person or agency if the services are not provided at state expense under AS 13.26.041;
        (4) provide legal representation in cases involving judicial bypass procedures for minors seeking abortions under AS 18.16.030, in guardianship proceedings to respondents who are financially unable to employ attorneys under AS 13.26.226(b), to indigent parties in cases involving child custody in which the opposing party is represented by counsel provided by a public agency, and to indigent parents or guardians of a minor respondent in a commitment proceeding concerning the minor under AS 47.30.775;
        (5) provide legal representation and guardian ad litem services under AS 25.24.310; in cases arising under AS 47.15 (Interstate Compact for Juveniles); in cases involving petitions to adopt a minor under AS 25.23.125(b) or petitions for the termination of parental rights on grounds set out in AS 25.23.180(c)(3); in cases involving petitions to remove the disabilities of a minor under AS 09.55.590; in children's proceedings under AS 47.10.050(a) or under AS 47.12.090; in cases involving appointments under AS 18.66.100(a) in petitions for protective orders on behalf of a minor; and in cases involving indigent persons who are entitled to representation under AS 18.85.100 and who cannot be represented by the public defender agency because of a conflict of interests;
        (6) develop and coordinate a program to recruit, select, train, assign, and supervise volunteer guardians ad litem from local communities to aid in delivering services in cases in which the office of public advocacy is appointed as guardian ad litem;
        (7) provide guardian ad litem services in proceedings under AS 12.45.046 or AS 18.15.355 - 18.15.395;
        (8) establish a fee schedule and collect fees for services provided by the office, except as provided in AS 18.85.120 or when imposition or collection of a fee is not in the public interest as defined under regulations adopted by the commissioner of administration;
        (9) provide visitors and guardians ad litem in proceedings under AS 47.30.839;
        (10) provide legal representation to an indigent parent of a child with a disability; in this paragraph, "child with a disability" has the meaning given in AS 14.30.350;
        (11) investigate complaints and bring civil actions under AS 44.21.415(a) involving fraud committed against residents of the state who are 60 years of age or older; in this paragraph, "fraud" has the meaning given in AS 44.21.415.
   (b) The commissioner of administration may
        (1) adopt regulations that the commissioner considers necessary to implement AS 44.21.400 - 44.21.470;
        (2) report on the operation of the office of public advocacy when requested by the governor or legislature or when required by law;
        (3) solicit and accept grants of funds from governments and from persons, and allocate or restrict the use of those funds as required by the grantor.
   (c)   [Repealed, Sec. 28 ch 90 SLA 1991]. 

Authorities

44.21.420;44.21.470

Notes

Recent Bills that will modify this

SB 162 TERM. OF PARENTAL RIGHTS FOR SEX ASSAULTS

Implemented As

2 AAC 60.010
2 AAC 60.020
2 AAC 60.030
2 AAC 60.040
2 AAC 60.050
2 AAC 60.060
2 AAC 60.070
2 AAC 60.080
2 AAC 60.090
2 AAC 60.100
2 AAC 60.110
2 AAC 60.120
2 AAC 60.300
2 AAC 60.310
2 AAC 60.390

References

AS 44.21.420 Employment of office personnel.
AS 44.21.470 Definition.

History

(Sec. 1 ch 55 SLA 1984; am Sec. 21 ch 140 SLA 1986; am Sec. 16 ch 50 SLA 1987; am Sec. 1, 2 ch 5 SLA 1988; am Sec. 3 ch 92 SLA 1988; am Sec. 28 ch 90 SLA 1991; am Sec. 1 ch 109 SLA 1992; am Sec. 28 ch 2 FSSLA 1992; am Sec. 25 ch 77 SLA 1993; am Sec. 10 ch 59 SLA 1996; am Sec. 64 ch 64 SLA 1996; am Sec. 5 ch 14 SLA 1997; am Sec. 38 ch 67 SLA 2001; am Sec. 28 ch 84 SLA 2004; am Sec. 11 ch 54 SLA 2005; am Sec. 1 ch 64 SLA 2006; am Sec. 3 ch 37 SLA 2009)