(Revision. 12/3/02)
AS 25.23.180(g) Relinquishment and Termination of Parent and Child Relationship,
AS 47.10.080(f) Judgments and Orders,
P. L. 95-608, Sec. 106(a) Indian Child Welfare Act of 1978,
If circumstances change to the extent that the best interest of the child would be served by returning the child to the biological parents even after their parental rights have been terminated, this option will be explored.
Native Children:
The Indian Child Welfare Act gives biological parents the right to withdraw consent to termination of parental rights for any reason up to the entry of a termination order. After entry of the order, parents have the right to petition for the return of an Alaska Native/American Indian child before an adoption has been finalized or after an adoption has been vacated or set aside or the adoptive parents voluntarily consent to the termination of their parental rights. When a Protective Services Specialist (PSS) has knowledge that an adoptive placement has failed, the PSS will, as soon as practicable, notify the child’s Tribe in writing and attempt to notify the biological parents.
In ICWA cases, after the entry of an adoption order, parents have the right to withdraw consent to termination of parental rights on the grounds that the consent was obtained through fraud or duress.
All Children:
In considering the return of a child to the biological parents after parental rights have been terminated, the PSS will follow the same placement procedure as followed in other cases.