Review upon Application

(a) Visitation. At any time in a proceeding, a parent or guardian who has been denied visitation, or the child’s guardian ad litem, may move the court for a review hearing at which the Department must show by clear and convincing evidence that visits are not in the child’s best interests. (b) Placement Transfer. At any time in a proceeding, a party who is opposed to the Department transferring a child CHILD IN NEED OF AID RULES OF PROCEDURE from one placement to another may move the court for a review hearing at which the requesting party must prove by clear and convincing evidence that the transfer would be contrary to the best interests of the child. In the case of an Indian child, the court must consider the placement preferences as set forth in 25 U.S.C. § 1915. of the time set for a hearing on the petition to those persons specified in CINA Rule 3(a) and to the child’s tribe and Indian custodian, even if the tribe or Indian custodian has not intervened. If the tribe or Indian custodian has not intervened, the notice must include notice of the right to intervene in the action and to obtain documents filed in the case. (c) Disposition Order. Pursuant to AS 47.10.100(a), the court may review a disposition order upon motion of a party or on its own motion. When a party seeks the return of a child to the child’s home, if the party makes a prima facie showing that removal is no longer necessary, the burden of proof shifts to the Department as described below: (A) in cases involving a non-Indian child, the court shall return the child to the home unless the Department proves by a preponderance of the evidence that return to the home is contrary to the welfare of the child; (B) in cases involving an Indian child, the court shall restore the child to the child’s parent or Indian custodian unless the Department proves by clear and convincing evidence, including the testimony of qualified expert witnesses, that the child is likely to suffer serious emotional or physical damage if returned to the custody of the parent or Indian custodian. (d) Other Review. At any time in a proceeding, the court may review matters not otherwise covered by these rules upon motion of a party or on its own motion. family family member or (e) Request for Hearing by Adult Family Member or Family Friend. If the Department denies a placement with a child’s adult friend under AS 47.14.100(m), the adult family member or family friend is not required to intervene in the proceeding before requesting a hearing to review the decision. The adult family member or family friend’s participation in the case is limited to being a participant in the hearing concerning the denial of placement with that adult family member or friend. The court will provide notice to the adult family member or family friend of any scheduled hearing, decision, or other action relating direct- ly to the request made under this subsection. (Adopted by SCO 1355 effective July 15, 1999; and amended by SCO 1750 effective April 15, 2011) Cross References CROSS REFERENCE: AS 47.10.080(p) and (s); AS 47.10.100(a); 25 U.S.C. § 1915.