(2) Service on a petitioner is required for filings, reports,
Probate Procedure
Rule: 15.1
Jurisdiction: AK
Bluebook Citation: Alaska Prob. R. 15.1
and orders related to his or her petition, but not filings, reports, and orders related to a petition filed by another person. If the court consolidates related petitions, all petitioners shall be the served with filings, reports, and orders related to consolidated petitions. Unless otherwise ordered, the requirement to serve the petitioner expires when the court decides the petition that the petitioner filed. (3) A person may move to formally intervene in a protective proceeding under Civil Rule 24. If intervention is granted, the intervenor must be served with all filings, reports, and orders until the intervenor withdraws or until further court order. (4) Following each review hearing, the court shall indicate persons that must be served with any future filings, reports, and orders. Child Welfare Act. The petition must be verified by the petitioner or signed by an attorney representing the petitioner. (b) Notice. Notice must be given as provided in AS 13.06.110 and AS 13.26.060. In a petition for guardianship of an Indian child as defined in the Indian Child Welfare Act, notice must be sent to the child’s tribe, which may move to intervene as provided by 25 U.S.C. Section 1911(c). However, notice is not required if the parents of the Indian child agree in writing to the guardianship and file a statement that the tribe has not been served with notice in order to protect the privacy of the parents. (c) Nomination of Proposed Guardian. Any party or other person nominating a person or entity as a guardian for a minor must notify the proposed guardian of the nomination and of the date and time of the hearing on the petition, unless notice is waived by the court for good cause. (i) Notice. As provided in AS 13.26.425, a person who files a request for notice as an interested person as defined in AS 13.06.050(26) is entitled to notice before an order is entered in a protective proceeding. A request must include the basis of the person’s interest and, unless the person is represented by an attorney, the person’s address. (SCO 1014 effective January 15, 1990; amended by SCO 1575 effective October 15, 2005; SCO 1635 effective October 15, 2007; and by SCO 1961 effective October 15, 2021) Note: Chapter 64 SLA 2005 (HB 53) enacted extensive changes to the child in need of aid and adoption statutes. According to section 60(a) of the Act, AS 13.26.064, enacted by section 2, amends Probate Rule 14 by providing that retained privileges be set out in the guardianship decree and by providing additional procedures related to a voluntary relinquishment of parental rights. Note: Civil Rule 42 governs consolidation of actions and matters in issue, such as consolidating related petitions.
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