Adjudication Hearing

(a) Nature and Timing of Proceeding. The adjudication hearing is a trial to the court on the merits of the petition for adjudication. The adjudication must be completed within 120 days after a finding of probable cause is entered, unless the court finds good cause to continue the hearing. In 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. (b) Notice. The Department must provide notice of the adjudication hearing to the persons specified in CINA Rule 7(b) within a reasonable time prior to the hearing. In cases involving an Indian child, notice of the hearing must be received at least ten days before the hearing pursuant to CINA Rule 7(f)(1). Upon request, the court shall postpone the hearing to ensure that the Indian child’s parents, Indian custodian or tribe have had thirty days from receipt of the notice to prepare for the hearing. (c) Burden of Proof. The Department has the burden of proving by a preponderance of the evidence that the child is a child in need of aid. (d) Judgment. At the conclusion of the adjudication hearing, the court shall make findings of fact and enter a judgment that the child is or is not a child in need of aid. (e) Failure of Proof. If the court finds that the child is not a child in need of aid, it shall immediately order the child released from the Department’s custody and returned to the child’s parents, guardian, or custodian. (f) Orders Pending Disposition. If the court finds that the child is a child in need of aid and the disposition is not held immediately following the adjudication, the court shall enter the following orders: (1) The court shall order the child placed in the temporary custody of the Department or order the child returned to the home with supervision by the Department pending disposition. The court may approve the removal of the child from the child’s home only if the court makes the findings required by CINA Rule 10(c)(3). (2) If the court approves the child’s removal, the court shall make the inquiry and findings required by CINA Rule 10.1. A finding that the Department has failed to make reasonable efforts, or, in cases involving an Indian child, that the requirements of 25 U.S.C. §§ 1912(d) or 1915(b) have not been met, is not in itself a ground for returning the child to the home and does not affect the court’s ability to enter an adjudication order and extend temporary custody pending adjudication. (3) The court shall set a time for the disposition hearing, which will be held without unreasonable delay. The court shall order a predisposition report, unless waived by stipulation under CINA Rule 16(a)(3), and other studies, examinations, or reports under CINA Rule 16 that are necessary for an informed disposition. (SCO 845 effective August 15, 1987; amended by SCO 855 effective January 15, 1988; by SCO 1010 effective January 15, 1990; and by SCO 1355 effective July 15, 1999) Note: Ch. 43, SLA 2001, amends AS 47.10.030, AS 47.10.070(a), and AS 47.10.080(f) to add provisions to and participation by grandparents. concerning notice 21 ALASKA COURT RULES According to §6 of the Act, these provisions have the effect of amending Child in Need of Aid Rules 3, 7, 10, 15, 17, and 19 by requiring that grandparents be given notice of and an opportunity to be heard at certain child-in-need-of-aid proceedings. Cross References CROSS REFERENCE: AS 47.10.080(a); AS 47.10.081; AS 47.10.141(g); 25 U.S.C. § 1912. PART VII. DISPOSITION