Hearings

(b) Removal. (a) Conduct of Hearing. Adoption hearings are confidential proceedings tried by the court without a jury and must be conducted pursuant to AS 25.23.150(a). (b) Exclusion of Witnesses. Witnesses may be excluded from a hearing pursuant to Evidence Rule 615. (c) Telephonic Participation. The court may conduct any hearing with telephonic participation as provided by Civil Rule 99, except as provided by Adoption Rule 9(f). Payment of telephone costs is governed by Administrative Rule 48. AdptR (d) Testimony Under Oath. All testimony must be given under oath or affirmation as required by Evidence Rule 603. (e) Contested Adoptions. The court may issue a pretrial order when the parties contest any issue. The court shall consider the advisability of appointing a guardian ad litem in contested adoptions. (f) Burden and Standard of Proof. The burden is on the petitioner to prove all relevant issues in the adoption. The standard of proof as to the finding that the adoption is in the best interests of the person to be adopted is by a preponderance of the evidence. The standard of proof as to a finding that a consent is not required under AS 25.23.050(a) is by clear and convincing evidence. In an adoption involving an Indian child, the burden of proof is also on the petitioner to show by a preponderance of the evidence that the placement is within the placement preferences or that there is good cause for allowing a non- preferred placement pursuant to 25 U.S.C. Section 1915. The burden and standard of proof the involuntary termination of parental rights in conjunction with adoption proceedings must comply with CINA Rule 18. in proceedings for (g) Representation by Non-Attorney. Unless the court for good cause requires representation by an attorney, an Indian tribe that has intervened may be represented by a non- attorney designated by the Indian tribe. The tribe must file a written authorization for representation by the designated non- attorney before the non-attorney may represent the tribe. If the its designated the tribe changes representative or representative withdraws, tribe must file a written the substitution of representation or withdrawal. A guardian ad litem need not be represented by an attorney unless the court, for good cause, requires representation by an attorney. if (SCO 972 effective January 15, 1990; amended by SCO 998 effective January 15, 1990; and by SCO 1688 effective April 15, 2009) 8 (1) In an adoption involving the termination of parental rights of a parent of an Indian child, the parent, Indian custodian or the tribe may move to have the matter removed to a tribal court pursuant to 25 U.S.C. Section 1911. (2) When a petition for removal to tribal court is filed, the court must find that the tribal court is authorized to exercise jurisdiction under federal law before transferring jurisdiction to the tribal court. The court may set a hearing on the petition for removal with notice to all parties to determine whether the tribal court has declined jurisdiction, and, if jurisdiction has not been declined, to determine whether any objection has been raised by either parent to the removal pursuant to 25 U.S.C. Section 1911(b). (3) Civil Rule 77 applies to petitions for removal to tribal court. (SCO 972 effective January 15, 1990)