(Revision. 2/1/14)
25 U.S.C. §§ 1901 – 1923 Indian Child Welfare Act of 1978 (ICWA) (P. L. 95-608)
AS 47.10.142 Emergency Custody and Temporary Placement Hearing
AS 47.10.010 Jurisdiction
AS 47.10.020 Investigation and Petition
7 AAC 50.455(c) Health in Full Time Facilities
To ensure that appropriate notification of emergency custody, petition for custody, and release from emergency custody is provided, and that the requirements for filing a petition or report are met.
In any involuntary proceeding in state court where the court knows or has reason to know that an Indian child is involved, the party seeking the foster care placement will notify the parent, Indian Custodian and the Indian child’s Tribe of the pending proceeding and of the Tribe’s right to intervene.
The state may initiate a child protection proceeding involving an Indian child, unless the child’s Tribe has exclusive jurisdiction over the child. (See section 4.14 Tribal Jurisdiction for an explanation of exclusive jurisdiction.) If a state court has jurisdiction over the proceeding, the child’s Tribe (as defined under ICWA) may intervene in the CINA case. The child’s Tribe may also request that the proceeding be transferred to the jurisdiction of the Tribe.
When a child is at risk of imminent physical damage or harm, the state may take emergency custody of a child and file an emergency petition, even if the Indian child’s Tribe has exclusive jurisdiction.
The Office of Children’s Services (OCS) may take emergency custody of a child if:
the child has been abandoned as abandonment is described in AS 47.10.013; or
the child has been neglected by the child’s parents, Indian custodian, or guardian, as neglect is described in AS 47.10.014, and OCS determines that immediate removal from the child’s surrounding is necessary to protect the child’s life or provide immediate necessary medical attention; or
the child has been subjected to physical harm by a person responsible for the child’s welfare, and OCS determines that immediate removal from the child’s surroundings is necessary to protect the child’s life or that immediate medical attention is necessary; or
the child or a sibling has been sexually abused under circumstances listed in AS 47.10.011(7).
When a child is taken into emergency custody, the department shall immediately, and in no event more than 24 hours later unless prevented by lack of communication facilities, notify the child’s parents or guardian.
When emergency custody is assumed, within 24 hours a petition must be filed or the child must be released. If the child is released, the department must file a report with the court within 24 hours of the release explaining why the child was taken into custody, why the child was released, and to whom the child was released.
Parent, legal guardians, Indian custodians, and Tribes all must be given timely and informative notice when OCS takes emergency custody of a child.
If OCS assumes and retains emergency custody of a child, the Protective Services (PS) Specialist must:
Notify the parents, legal guardians or Indian custodians, the Tribe(s) that may be the child’s Tribe, and the court as soon as possible, and in no event later than 24 hours after custody was assumed.
If emergency custody will be continued beyond 24 hours the PSS will complete and file the petition, as outlined in section 4.2 Emergency Custody.