Disposition

(a) Purpose of Hearing. The purpose of a disposition hearing is to determine the appropriate disposition of a child who has been adjudicated a child in need of aid. A disposition hearing concerning the termination of parental rights is governed by CINA Rule 18. (b) Statements. The parties may offer evidence in aid of disposition at the hearing. The court shall afford the parties, any grandparents of the child who are in attendance at the hearing, and any foster parents or other out-of-home care providers an opportunity to be heard. (c) Requirements for Disposition. A disposition hearing may not be held before adequate information is available upon which to enter an informed disposition order. If the child has been placed outside the home, the court cannot enter a disposition order if the court finds (1) in cases involving a non-Indian child, that the Department has failed to make reasonable efforts as required by AS 47.10.086(a) to permit the child’s return to the home, unless the court has determined under Rule 17.1 that reasonable efforts are not required; or (2) in cases involving an Indian child, that the requirements of 25 U.S.C. § 1912(d) (active efforts) have not been met.* If the court finds that the Department has failed to make required reasonable efforts or that the requirements of 25 U.S.C. § 1912(d) have not been met, the court must postpone entering a disposition order until the court finds that reasonable efforts or active efforts have been made. The child should remain in temporary custody pending disposition. (d) Findings. (1) A disposition order must be accompanied by findings of fact. (2) The court may approve the removal of the child from the child’s home only if the court finds that continued placement in the home is contrary to the welfare of the child; and, in cases involving an Indian child, that there is clear and CHILD IN NEED OF AID RULES OF PROCEDURE convincing evidence, including the testimony of qualified expert witnesses, that custody of the Indian child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. (e) Evidence. Hearsay which is not otherwise admissible under a recognized exception to the hearsay rule may be admissible at the disposition hearing and in review of a disposition order if the hearsay is probative of a material fact, has circumstantial guarantees of trustworthiness, and the appearing parties are given a fair opportunity to meet it. (f) Disposition Order—Subsequent Proceedings. If the court orders the child committed to the Department under AS 47.10.080(c)(1), the disposition order must set the date for the permanency hearing required by AS 47.10.080(l). If the court releases the disposition order must set the date for filing the report on annual review. the child under AS 47.10.080(c)(2), factual basis for it, in its report for permanency hearing required by CINA Rule 17.2(c) or in a separate motion. (c) Permanency Hearing Required. the court determines that reasonable efforts are not required under AS 47.10.086(c) in a proceeding other than a permanency hearing, the court shall hold a permanency hearing under AS 47.10.080(l) within 30 days after the determination. If (d) Conduct of Proceeding. (1) Right to Evidentiary Hearing. A party may request an evidentiary hearing within the time specified in Civil Rule 77(e)(1). The court shall hold an evidentiary hearing upon request. (2) Standard of Proof. The party requesting a determination that reasonable efforts are not required must present proof by clear and convincing evidence. (SCO 845 effective August 15, 1987; amended by SCO 1010 effective January 15, 1990; by SCO 1355 effective July 15, 1999; and by SCO 1465 effective April 15, 2002) (3) Child’s Best Interests. In determining whether the court’s primary required, reasonable efforts are consideration is the child’s best interests. * Note: As of June 1999, it is an open issue whether federal law permits a trial court to determine that active efforts are not required in a case or that such efforts may be discontinued. 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 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 to be heard at certain child-in-need-of-aid opportunity proceedings. Cross References CROSS REFERENCE: AS 47.10.080(c) and (r); AS 47.10.081; AS 47.10.082; AS 47.10.083; AS 47.10.141(g); 25 U.S.C. §§ 1912, 1915(b) and (c), 1922.