4.4.1 Participation in Court Hearings

(Revision. 9/1/13)

Authority:Authority:

Background, Policy, and Procedure:

1. Persons Entitled to Be Heard at Court Hearings:

   1. The persons to whom the department is required to give notice of hearings are also entitled to be heard at the hearing. This includes: the child, parents, guardian, guardian ad litem, Indian Custodian and Indian child’s Tribe, if applicable, a foster parent or other out-of-home care provider, and each grandparent entitled to notice under AS 47.10.030(d) (see section 4.1 Rights, Responsibilities, and Roles of Parties and Participants in a Court Proceeding).

   2. The court may limit the presence of the foster parent or other out-of-home care provider and of any grandparent to the time during which the person’s testimony is being given if it is in the best interest of the child or necessary to protect the privacy interests of the parties and will not be detrimental to the child.

2. Telephonic Participation in Hearings:

   1. The court may authorize telephonic participation by any witness or party in any hearing, as long as there is good cause for the telephonic appearance and opposing parties are not substantially prejudiced.

   2. There is a benefit from, and therefore a strong preference for, the court and parties being able to see and hear the witnesses. Thus, the decision to request telephonic participation should be made by the AAG. It is most often justified for a hearing on short notice or when the party or witness cannot reasonably get to the place of the hearing.

   3. The cost of the telephone call is borne by the party benefiting from the telephonic participation. If more than one party will be participating telephonically, the court may require that a conference call be arranged in advance. The PSS may be asked to help make these arrangements.