Determination that Reasonable Efforts

Not Required. (a) Proceeding to Determine that Reasonable Efforts Not Required. At any stage of a proceeding under these rules, a party may file a motion for a determination that reasonable efforts of the type described in AS 47.10.086(a) are not required, specifying the basis for the motion under AS 47.10.086(c). If the party intends that any evidentiary hearing on the motion be combined with a scheduled trial or other hearing, the motion must be filed and served at least 30 days prior to that proceeding. (b) Proceeding to Determine that Reasonable Efforts May Be Discontinued. At the permanency hearing required under AS 47.10.080(l), the court may find that a continuation of reasonable efforts is not in the best interests of the child under AS 47.10.086(b). Any party recommending such a finding must include that recommendation, specifying the (4) Findings. The court must make specific findings in support of its decision. (SCO 1355 effective July 15, 1999; amended by SCO 1401 effective October 15, 2000; and by SCO 1651 effective October 15, 2007) Chapter 20 SLA 2006 (HB 408 Note to SCO 1651: enacted changes relating to the standard of proof in child in need of aid proceedings. Section 1 of the Act amended AS 47.10.086(c) to change the standard of proof for a finding that reasonable efforts, as described in AS 47.10.086(a), are not required. The change to CINA Rule 17.1 is adopted to maintain consistency between the rule and the statutes. Cross References CROSS REFERENCE: AS 47.10.086