2.4.1 Non-Emergency Custody
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2.4.1 Non-Emergency Custody/Decision Making

(Revision. 9/1/13)

Authority:Authority:

25 U.S.C §§ 1901–1923 Indian Child Welfare Act of 1978 (ICWA) (P. L. 95-608)

AS 47.10 Children in Need of Aid

Background Information:Background Information:

Federal Law:

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 4.15 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.

State Law:

The Office of Children’s Services (OCS) may file a petition for custody when an investigation of a report of child maltreatment results in a determination that the child is subjected to conditions in AS 47.10.011 and that it is in the child’s best interest to be in state custody.

Policy:

  1. OCS may seek non-emergency custody of a child when parental conduct or conditions described in AS 47.10.011 exist but immediate removal is not necessary to address abandonment (as defined in AS 47.10.013), neglect (as defined in AS 47.10.014), sexual abuse (AS 47.10.011(7)), or to protect the child’s life or to provide immediate medical attention. See AS 47.10.142(a).

  2. Nothing in OCS’ Policy and Procedures Manual shall preclude an OCS Protective Services Specialist (PSS) from continuing to utilize, when appropriate, Protective Action and safety plans that allow OCS to provide reasonable efforts and avoid the necessity of filing a CINA petition.

  3. OCS will not file a non-emergency petition for a child who is a member of an Indian Tribe with exclusive jurisdiction over the child.

  4. Prior to OCS seeking legal custody of a child, timely, reasonable efforts will be made to provide services to the family to eliminate the necessity for placement outside the home.

  5. An OCS PS Specialist must confirm the existence of each of the following three criteria before the PS Specialist can file a non-emergency CINA petition:

    1. a valid basis exists for the CINA petition under AS 47.10.011;

    2. that the critical needs to ensure the child’s safety and well being are not being met; and

    3. that the parent’s willingness, ability, and/or availability to ensure the child’s safety and well being are not sufficient without agency intervention.