4.2 Emergency Custody
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4.2 Emergency Custody

(Revision. 9/1/13)

Authority:Authority:

AS 47.10.142 Emergency Custody and Temporary Placement Hearing

Alaska Child in Need of Aid Rules 6(a) and (b)

 

Background, Policy, and Procedure:

  1. Grounds for Emergency Custody: Under the circumstances specified below, OCS PSS are authorized to take emergency custody of a child without a prior court order. Emergency custody may be assumed and a petition filed when one of the following factors exists:

    1. the child has been abandoned, as abandonment is described in AS 47.10.013; or

    2. 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 surroundings is necessary to protect the child’s life or provide immediate necessary medical attention; or

    3. 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

    4. the child or a sibling has been sexually abused under circumstances listed in AS 47.10.011(7).

  2. When emergency custody is assumed a petition must be filed or the child must be released within 24 hours.

  3. Filing an Emergency Petition for Adjudication of Child in Need of Aid:

    1. Procedural steps in filing a petition include:

      1. The PSS consults with the PSS IV regarding all facts and information available, so that a mutual decision about filing the petition can be made.

      2. In some offices, the PSS contacts an assistant attorney general (AAG) or locally designated person to discuss the petition and assist in filing it with the court. In many offices, the PSS drafts the petition and has it reviewed by an AAG before it is filed.

      3. When there is more than one child in a family involved and some or any of the facts of an incident or situation differ between children, it may be necessary to prepare a separate petition for each child. This is a matter of local practice, so PSS should consult their AAG.

      4. When completing the petition, which is available as a template in ORCA, the PSS will include facts that support each allegation under AS 47.10.011 and the relief requested, including sufficient specific dates, times, and places, giving the parent and the court information about the behaviors supporting intervention and the relief requested.

    2. Petitions should be amended when new relevant information becomes known prior to adjudication.

    3. The PSS may ask the AAG to move to dismiss a petition when circumstances change so that facts no longer support court intervention. However, once the petition has been filed, a motion must be filed to dismiss and an order issued. A court hearing is not always necessary.

  4. Notice: For notice requirements pertaining to emergency custody, see section 6.6.3 Notifications.

  5. Release from Custody within 24 hours: If OCS assumes emergency custody but within 24 hours determines that there are no grounds for retaining legal and physical custody and that filing an emergency Child In Need Of Aid petition is not necessary, OCS shall:

    1. Release the child to a parent or Indian custodian (as defined by 25 U.S.C. 1903(6)) who was the custodian at the time of removal; and

    2. File a report with the court within 24 hours of such release that explains why the child was taken into custody, why the child was released, and to whom the child was released.

  6. Across the state, different judicial jurisdictions sometimes have different practices involving emergency custody petitions and hearings. Consult your AAG or their designee regarding specific jurisdictional practices.