Section 47.10.030. Summons and custody of minor.

   (a) After a petition is filed and after further investigation that the court directs, if the person having custody or control of the minor has not appeared voluntarily, the court shall issue a summons that
        (1) recites briefly the substance of the petition;
        (2) clearly states that at the hearing it is possible that parental rights and responsibilities may be terminated forever and that the minor may at the hearing be committed to the department for possible adoption; and
        (3) directs the person having custody or control of the minor to appear personally in court with the minor at the place and at the time set forth in the summons.
   (b) In all cases under this chapter, the child, each parent, the tribe, foster parent or other out-of-home care provider, guardian, and guardian ad litem of the child and, subject to (d) and (e) of this section, each grandparent of the child shall be given notice adequate to give actual notice of the proceedings and the possibility of termination of parental rights and responsibilities, taking into account education and language differences that are known or reasonably ascertainable by the petitioner or the department. The notice of the hearing must contain all names by which the child has been identified. Notice shall be given in the manner appropriate under rules of civil procedure for the service of process in a civil action under Alaska law or in any manner the court by order directs. Proof of the giving of the notice shall be filed with the court before the petition is heard. The court may also subpoena the parent of the child, or any other person whose testimony may be necessary at the hearing. A subpoena or other process may be served by a person authorized by law to make the service, and, where personal service cannot be made, the court may direct that service of process be in a manner appropriate under rules of civil procedure for the service of process in a civil action under Alaska law or in any manner the court directs.
   (c) If the minor is in such condition or surroundings that the minor's welfare requires the immediate assumption of custody by the court, the court may order, by endorsement upon the summons, that the officer serving the summons shall at once take the minor into custody and make the temporary placement of the minor that the court directs.
   (d) Except as provided in (e) of this section, the department shall give advance written notice of all court hearings in a child's case to a grandparent of the child if
        (1) the grandparent has contacted the department, provided evidence acceptable to the department of being the child's grandparent, requested notice about the hearings in the child's case, and provided the department with a current mailing address; or
        (2) the department is aware that the child has a grandparent and the grandparent's mailing address is on file with the department.
   (e) Notwithstanding (d) of this section, the department is not required to give advance notice to a grandparent about hearings in a child's case if the grandparent
        (1) has been convicted of a crime in which the child was the victim; or
        (2) is prohibited by a court order from having contact with the child.

Authorities

47.10.070;47.10.080

Notes

Recent Bills that will modify this

HB 10 CHILD IN NEED OF AID/PROTECTION; DUTIES
HB 310 CINA PROCEEDINGS; DHSS DUTIES; COURTS

References

AS 47.10.070 Hearings.
AS 47.10.080 Judgments and orders.

History

(Sec. 6 art I ch 145 SLA 1957; am Sec. 1 ch 110 SLA 1960; am Sec. 6 ch 104 SLA 1971; am Sec. 9 ch 63 SLA 1977; am Sec. 21 ch 99 SLA 1998; am Sec. 1, 2 ch 43 SLA 2001)