Rule 18 - Termination of Parental Rights(a)Petition. The Department may file a petition seeking termination of parental rights combined with or after the filing of a petition for adjudication of that child as a child in need of aid. The title of the petition must clearly state that termination of parental rights is sought. A petition for termination of parental rights must be served as provided by CINA Rule 7(d) and (e). (b)Purpose of Hearing. The termination hearing is a disposition hearing to the court on the question of whether the parental rights to an adjudicated child in need of aid should be terminated. Upon a showing of good cause and with adequate notice to the parties, an adjudication hearing and a termination hearing may be consolidated. (c)Burden of Proof. Before the court may terminate parental rights, the Department must prove: (1) by clear and convincing evidence that (A) the child has been subjected to conduct or conditions described in AS 47.10.011 and (i) the parent has not remedied the conduct or conditions in the home that place the child at substantial risk of harm; or (ii) the parent 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; or (B) a parent is incarcerated and the requirements of AS 47.10.080(o) are met; and (2) by clear and convincing evidence that (A) the Department has complied with the provisions of AS 47.10.086 concerning reasonable efforts; or(B) in the case of an Indian child, that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that these efforts have proved unsuccessful; and (3) by a preponderance of the evidence that termination of parental rights is in the best interests of the child; and (4) in the case of an Indian child, by evidence beyond a reasonable doubt, including the testimony of qualified expert witnesses, that continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. Notwithstanding other provisions of this rule, the court may terminate parental rights after a voluntary relinquishment pursuant to AS 47.10.089 and Adoption Rule 9. In the case of an Indian child, the relinquishment must meet the requirements set forth in 25 U.S.C. § 1913(c) and Adoption Rule 9(b) and (d).
(e)Trial. A trial on the petition to terminate parental rights shall be held within six months after the date on which the petition to terminate parental rights is filed, 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. (f)Evidence. Hearsay that is not admissible under a recognized exception to the hearsay rule is not admissible at a trial on a petition to terminate parental rights to prove that the child has been subjected to conduct or conditions described in AS 47.10.011. Otherwise, hearsay may be admissible at the trial if it is probative of a material fact, has circumstantial guarantees of trustworthiness, and the appearing parties are given a fair opportunity to meet it. (g)Judgment. The court shall make findings of fact and enter an order within 90 days after the last day of trial on the petition to terminate parental rights. The court shall commit the child to the custody of the Department if parental rights are terminated. (h)Post-Termination Reports. If a permanent placement for the child was not approved at the termination hearing, the Department shall report to the court within 30 days on the efforts being made to recruit a permanent placement. Thereafter, the Department shall report quarterly on efforts being made to find a permanent placement for the child. Copies of the Department's reports shall not be served on a parent whose rights have been terminated. SCO 845 effective 8/15/1987; amended by SCO 982 effective 1/15/1990; by SCO 1355 effective 7/15/1999; by SCO 1580 effective nunc pro tunc to7/1/2005; and by SCO 1620 effective nunc pro tunc to5/4/2006; and by SCO 1651 effective 10/15/2007; and by SCO 1721 effective 4/15/2010. Chapter 64, section 54, SLA 2005 (HB 53) amended Child in Need of Aid Rule 18 as reflected in section 5 of this Order. The change to CINA Rule 18 is adopted for the sole reason that the legislature has mandated the amendment. In addition, according to section 60(e) of the Act, AS 47.10.089, enacted in section 17, amends CINA Rule 18 by providing that a relinquishment must be in writing, allowing for the withdrawal of the relinquishment, allowing for the retention of certain privileges, and authorizing a review hearing before the entry of an adoption or legal guardianship decree.
Note: Chapter 20 SLA 2006 (HB 408) enacted changes relating to the standard of proof in child in need of aid proceedings. According to section 11 of the Act, the amendments to AS 47.10.086(c), AS 47.10.088(a), and AS 47.10.088(b) in sections 1-3 of the Act have the effect of amending Child in Need of Aid Rule 18 relating to the termination of parental rights proceedings by increasing the standard of proof concerning some elements from proof by a preponderance of the evidence to proof by clear and convincing evidence. The change to CINA Rule 18 is adopted to maintain consistency between the rule and the statutes.