2.6.3 Non-Voluntary Placement
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2.6.3 Non-Voluntary Placement

(Implemented 7/1/99)

Authority:Authority:

AS 47.10.080(c) Judgments and Orders,

AS 47.10.084 Legal Custody, Guardianship, and Residual Parental Rights and Responsibilities,

P. L. 96-272 Adoption Assistance and Child Welfare Act of 1980,

P. L. 95-608 Indian Child Welfare Act of 1978

 

Purpose:Purpose:

A non-voluntary placement is one that is achieved through a legal process. This may be a result of the division filing a petition for custody (temporary or other, including emergency custody) or by a court ordering placement based on legal proceedings in domestic violence or contested custody proceeding.

 

Policy:

  1. A child is placed into department custody by virtue of a court order. At that time the department assumes custody responsibilities. The parent(s) or Indian Custodian, unless parental rights are terminated, have certain residual rights and responsibilities.

  2. The department will:

    1. assume responsibility for physical care and control of the child;

    2. determine where and with whom the minor shall live;

    3. have the right and duty to protect, nurture, train, and discipline the minor;

    4. have the duty of providing the child with food, shelter, education, and medical care; and

    5. have the right and responsibility to make decisions of financial significance concerning the child.

  3. The parent or Indian custodian will, unless parental rights have been terminated:

    1. have reasonable visitation;

    2. consent to adoption, marriage, and military enlistment;

    3. consent to major medical treatment except in case of emergency or pursuant to AS 25.20.025 which in certain situations allows a minor to consent to medical or dental treatment of himself/themselves or their child;

    4. have the responsibility to support the child.