Title—Scope—Construction—Situations

Not Covered by the Rules. (a) Title. These rules will be known and cited as the Child in Need of Aid Rules or the CINA Rules. (b) Scope. These rules govern practice and procedure in the trial courts in all phases of child in need of aid proceedings brought under AS 47.10.010(a). (c) Construction. These rules will be construed and the to promote fairness, accurate fact-finding, applied expeditious determination of children’s matters, and the best interests of the child. to Alaska (d) Legal Effect of Rules. These rules are promulgated pursuant authority granting constitutional rulemaking power to the Alaska Supreme Court. To the extent that the rules are inconsistent with a procedural provision of any Alaska statute not enacted for the specific purpose of changing a rule, these rules supersede the statute to the extent of the inconsistency. (e) Civil Rules Applicable. Civil Rules 3(b)—(g), 4, 5, 5.1, 6, 10, 11, 15, 42, 45(a)—(f), 46, 53, 59, 60, 61, 63, 76, 77, 81, 90, 98, and 100 apply to child in need of aid proceedings 7 ALASKA COURT RULES except to the extent that any provisions of these civil rules conflict with the Child in Need of Aid Rules. eligible for membership in more than one tribe, the Indian tribe with which the Indian child has the more significant contacts. (f) Application of the Indian Child Welfare Act and Regulations. In all cases involving an Indian child, the statutory provisions of 25 U.S.C. 1901 et seq., and the ICWA regulations at 25 C.F.R. Part 23, published at 81 Fed. Reg. 38778 (June 14, 2016) and effective December 12, 2016, shall apply. (g) Situations Not Covered by These Rules. Where no specific procedure is prescribed by these rules, the court may proceed in any lawful manner, including application of the Civil Rules, applicable statutes, the Alaska and United States Constitutions or the common law. Such a procedure may not be inconsistent with these rules and may not unduly delay or otherwise interfere with the unique character and purpose of child in need of aid proceedings. (SCO 845 effective August 15, 1987; amended by SCO 1265 effective July 15, 1997; by SCO 1355 effective July 15, 1999; by SCO 1897 effective December 12, 2016; and by SCO 1987 effective nunc pro tunc to July 1, 2022) Cross References CROSS REFERENCE: AS 22.15.100(8); AS 47.06.020; AS 47.06.025; AS 47.10.005; AS 47.10.082; Alaska Constitution, Art. IV §15.