4.3 Petition for Adjudication of Child in Need of Aid
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4.3 Petition for Adjudication of Child in Need of Aid

(Revision. 9/1/13)

Authority:Authority:

AS 47.10.020 Investigation and Petition

CINA Rule 7

Background, Policy, and Procedure:

  1. When to File:

    A "Petition for Adjudication of Child in Need of Aid and for Temporary Custody" is filed in all cases in which OCS believes that

    1. a child is a child in need of aid because the child has been subjected to conditions or conduct described in one or more subsections of AS 47.10.011; and

    2. temporary custody by the department is necessary to protect the child from further harm or risk of harm.

  2. Types of Petitions:

    1. Emergency Petition: An “Emergency Petition for Adjudication of Child in Need of Aid” is filed after emergency custody is assumed, as outlined in section 4.2 Emergency Custody.

    2. Non-Emergency Petition: A “Non-emergency Petition for Adjudication of Child in Need of Aid and Temporary Custody” is filed when emergency custody is not necessary, but efforts to work with the family voluntarily have not succeeded in achieving an adequate level of care for the child.

  3. Procedural Steps in Drafting and Filing a Petition:

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

    2. The PSS drafts the petition using the templates available in ORCA. The petition is reviewed by the PSS IV, then filed with the court.

    3. In some offices, it may be customary for the PS Specialist to provide the draft petition to an Assistant Attorney General (AAG) for review and/or for filing with the court.

  4. Form of Petition:

    1. The following information must be included in a Petition for Adjudication of Child in Need of Aid:

      1. name, address, and age of the child;

      2. names and addresses of the parent(s) of the child (include the names of all putative fathers for purposes of facilitating paternity testing), and the legal guardian or Indian Custodian of the child if appropriate;

      3. name, work address, and occupation of PSS;

      4. the possible Tribal affiliation(s) of the child;

      5. the specific section or sections of AS 47.10.011 describing the conduct or conditions to which the child has been subjected;

      6. facts that support each allegation being made under AS 47.10.011 and the relief requested, including specific dates, times, and places, in order to give the parent and the court sufficient information about the conduct or conditions supporting OCS intervention (a non-emergency petition must specifically state that the parental conduct or conditions described in AS 47.10.011 exist but immediate removal is not necessary under AS 47.10.142(a));

      7. a request that the court issue an order for the parent(s) to complete and mail or deliver the Child Support Services Division forms included in the Child Support Packet within 30 days, and for child support to be determined by the Child Support Services Division and order the Child Support Services Division to establish a support order.

    2. If the child is believed to be an Indian child, an emergency petition must be supported by a sworn statement of facts showing that removal of the child is necessary to prevent imminent physical damage or harm to the child.

    3. When there is more than one child in a family, 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 the AAG for guidance.

  5. After the Petition Is Filed:

    1. Before the initial hearing, the department must make diligent efforts to locate each parent, guardian, and Indian custodian (if applicable) and to give each a copy of the petition for adjudication, along with actual notice of the time and place of the initial hearing and of the parties’ right to counsel. The department must also give actual notice of the initial hearing to any foster parent or other out-of-home care provider. If the case involves an Indian child, the department must make reasonable efforts to identify and provide actual notice of the initial hearing to the Indian child’s Tribe.

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

    3. The PS Specialist may ask the AAG to move to dismiss a petition when circumstances change so that current 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.