Section 47.12.025. Special provisions for certain persons considered to be minors.

   (a) Notwithstanding any other provision of law, the following special provisions apply to a person who is subject to the jurisdiction of this chapter due solely to AS 47.12.020(b):
        (1) a petition filed under AS 47.12.040(b) must be styled as follows: "In the matter of ........................., a person under the jurisdiction of this chapter under AS 47.12.020(b)"; the petition may not state the name of a parent, guardian, or other person;
        (2) notice of an investigation, adjustment, hearing, or other procedure under this chapter to a parent, guardian, or foster parent is not required;
        (3) participation by a parent, guardian, or foster parent in any part of the investigation, adjustment, hearing, or other procedure under this chapter is not required;
        (4) agreement or consent by a parent or guardian to the terms and conditions of an informal adjustment under AS 47.12.060 is not required;
        (5) an opportunity for a foster parent to be heard before informal adjustment under AS 47.12.060 is not required;
        (6) the presence of a parent or guardian is not required, and the person does not have a right to have a parent or guardian present, at an interview conducted during an investigation under this chapter;
        (7) after a petition is filed and after further investigation that the court directs, if the person has not appeared voluntarily for proceedings under this chapter, the court may issue a summons or an arrest warrant for the person;
        (8) a person who is taken into custody under this chapter may, in the discretion of the court and upon written promise to appear in court at the time specified by the court, be released; if not released, the person shall be detained under the provisions of (b) of this section;
        (9) consent of a parent or guardian to waiver of the right to appointed counsel or a guardian ad litem under AS 47.12.090 is not required;
        (10) the appointment of a guardian ad litem under AS 47.12.090 is not required; the court may appoint a guardian ad litem under AS 47.12.090 only if special circumstances exist concerning the mental or physical capacity of the person who is named in the petition under (1) of this subsection;
        (11) an order under AS 47.12.120(b) to release the person to a parent, guardian, or other person must be with the consent of the parent, guardian, or other person; a parent, guardian, or other person who consents does not assume any of the responsibilities described in AS 47.12.150 or retain any residual rights or responsibilities described in AS 47.12.150;
        (12) a person released under AS 47.12.120(c) shall be released without conditions;
        (13) a parent, guardian, or custodian may not apply for a review under AS 47.12.120(d); notice to a parent, guardian, custodian, or foster parent of a review under AS 47.12.120(a) is not required; a parent, guardian, custodian, or foster parent does not have a right to be heard at the review under AS 47.12.120(d);
        (14) the person's parent or guardian may not file an appeal under AS 47.12.120(f);
        (15) notice of the predisposition report under AS 47.12.130(b) to the person's parent or guardian is not required;
        (16) unless part of a conditional release plan agreed to by a parent or guardian, a parent or guardian of the person may not be ordered to participate in or pay for treatment under AS 47.12.155(b)(1), (c), or (d) or to notify the department if the person violates a term or condition of a court order under AS 47.12.155(b)(2);
        (17) an application to extend jurisdiction under AS 47.12.160(a) may not be made by a parent or guardian;
        (18) the court may not order the parent of the person to pay for maintenance or care of the person under AS 47.12.230;
        (19) the name of a parent or guardian of the person is not required to be disclosed in connection with the filing of a petition or informal adjustment under AS 47.12.315.
   (b) At a hearing under AS 47.12.250(c) regarding a person who is subject to the jurisdiction of this chapter due solely to AS 47.12.020(b), if the court finds that probable cause exists, the court shall determine whether the person should be detained pending the hearing on the petition or released. The court may either order the person detained as provided in (c) of this section or released under the provisions of AS 12.30 as if the provisions of AS 12.30 were to apply to proceedings under this chapter. If the court finds no probable cause, the court shall order the person released and close the proceeding.
   (c) If a person who is subject to the jurisdiction of this chapter due solely to AS 47.12.020(b) has been arrested by a peace officer or a probation officer under AS 47.12.245, detained under AS 47.12.250, or committed to the custody or supervision of the department under AS 47.12.120(b) or 47.12.240, the department, after consulting the peace officer or probation officer if appropriate, shall make arrangements for the detention, placement, or supervision of the person. In the discretion of the department, the person may be detained or placed in a juvenile facility or in an adult correctional facility.

Authorities

47.12.022

Notes

References

AS 47.12.022 Applicability; inclusion of certain persons as minors.

History

(Sec. 2 ch 70 SLA 2005)