Section 47.10.088. Involuntary termination of parental rights and responsibilities.

   (a) Except as provided in AS 47.10.080(o), the rights and responsibilities of the parent regarding the child may be terminated for purposes of freeing a child for adoption or other permanent placement if the court finds by clear and convincing evidence that
        (1) the child has been subjected to conduct or conditions described in AS 47.10.011;
        (2) the parent
             (A) has not remedied the conduct or conditions in the home that place the child at substantial risk of harm; or
             (B) has failed, within a reasonable time, to remedy the conduct or conditions in the home that place the child in substantial risk so that returning the child to the parent would place the child at substantial risk of physical or mental injury; and
        (3) the department has complied with the provisions of AS 47.10.086 concerning reasonable efforts.
   (b) In making a determination under (a)(2) of this section, the court may consider any fact relating to the best interests of the child, including
        (1) the likelihood of returning the child to the parent within a reasonable time based on the child's age or needs;
        (2) the amount of effort by the parent to remedy the conduct or the conditions in the home;
        (3) the harm caused to the child;
        (4) the likelihood that the harmful conduct will continue; and
        (5) the history of conduct by or conditions created by the parent.
   (c) In a proceeding under this chapter involving termination of the parental right of a parent, the court shall consider the best interests of the child.
   (d) Except as provided in (e) of this section, the department shall petition for termination of a parent's rights to a child, without making further reasonable efforts, when a child is under the jurisdiction of the court under AS 47.10.010 and 47.10.011, and
        (1) the child has been in foster care for at least 15 of the most recent 22 months;
        (2) the court has determined that the child is abandoned under AS 47.10.013 and the child is younger than six years of age;
        (3) the court has made a finding under AS 47.10.086(b) or a determination under AS 47.10.086(c) that the best interests of the child do not require further reasonable efforts by the department;
        (4) a parent has made three or more attempts within a 15-month period to remedy the parent's conduct or conditions in the home without lasting change; or
        (5) a parent has made no effort to remedy the parent's conduct or the conditions in the home by the time of the permanency hearing under AS 47.10.080(l).
   (e) If one or more of the conditions listed in (d) of this section are present, the department shall petition for termination of the parental rights to a child unless the department
        (1) has documented a compelling reason for determining that filing the petition would not be in the best interests of the child; a compelling reason under this paragraph may include care by a relative for the child; or
        (2) is required to make reasonable efforts under AS 47.10.086 and the department has not provided to the parent, consistent with the time period in the department's case plan, the family support services that the department has determined are necessary for the safe return of the child to the home.
   (f) A child is considered to have entered foster care under this chapter on the earlier of
        (1) the date of the first judicial finding of child abuse or neglect; or
        (2) 60 days after the date of removal of the child from the child's home under this chapter.
   (g) This section does not preclude the department from filing a petition to terminate the parental rights and responsibilities to a child for other reasons, or at an earlier time than those specified in (d) of this section, if the department determines that filing a petition is in the best interests of the child.
   (h) The court may order the termination of parental rights and responsibilities of one or both parents under AS 47.10.080(c)(3) and commit the child to the custody of the department. The rights of one parent may be terminated without affecting the rights of the other parent.
   (i) The department shall concurrently identify, recruit, process, and approve a qualified person or family for an adoption whenever a petition to terminate a parent's rights to a child is filed. Before identifying a placement of the child in an adoptive home, the department shall attempt to locate all living adult family members of the child and, if an adult family member expresses an interest in adopting the child, investigate the adult family member's ability to care for the child. The department shall provide to all adult family members of the child located by the department written notice of the adult family members' rights under this chapter and of the procedures necessary to gain custody of the child, but the department's obligation to provide written notice under this subsection does not apply to a parent of the child whose parental rights are being or have been terminated or to an adult family member who is known by the department to be ineligible for a foster care license under AS 47.32 and regulations adopted under AS 47.32. If an adult family member of the child requests that the department approve the adult family member for an adoption, the department shall approve the request unless there is good cause not to approve the adoption. If the court issues an order to terminate under (j) of this section, the department shall report within 30 days on the efforts being made to recruit a permanent placement for the child if a permanent placement was not approved at the time of the trial under (j) of this section. The report must document recruitment efforts made for the child.
   (j) No later than six months after the date on which the petition to terminate parental rights is filed, the court before which the petition is pending shall hold a trial on the petition unless the court finds that good cause is shown for a continuance. When determining whether to grant a continuance for good cause, the court shall take into consideration the age of the child and the potential adverse effect that the delay may have on the child. The court shall make written findings when granting a continuance.
   (k) The court shall issue an order on the petition to terminate within 90 days after the last day of the trial on the petition to terminate parental rights.

Authorities

47.10.080;47.14.100

Notes

Recent Bills that will modify this

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

Implemented As

7 AAC 54.600

References

AS 47.10.080 Judgments and orders.
AS 47.14.100 Powers and duties of department over care of child.

History

(Sec. 33 ch 99 SLA 1998; am Sec. 16 ch 64 SLA 2005; am Sec. 2, 3 ch 20 SLA 2006; am Sec. 52 ch 40 SLA 2008)