4.5.3 Adjudication Hearing
Click here to see this page in full context

4.5.3 Adjudication Hearing

(Revision. 10/1/15)

Authority:Authority:

AS 47.10.080 Judgments and Orders

25 U.S.C. § 1912 Indian Child Welfare Act of 1978

Alaska Child in Need of Aid Rules 14, 15

 

Background, Policy, and Procedure:

  1. Purpose of Hearing: An adjudication hearing is a fact-finding hearing at which the court determines whether the child is a Child In Need Of Aid under AS 47.10.011.

  2. Time Limits:

    1. An adjudication hearing must be completed within 120 days after a finding of probable cause is entered, unless the court finds good cause to continue the hearing. When determining whether to grant a continuance for good cause, the court must take into consideration the age of the child and the potential adverse effect that the delay may have on the child.

    2. In cases involving an Indian child, an adjudication hearing cannot be held until at least 10 days after receipt of notice by the parent or Indian Custodian, and by the Indian child’s Tribe or the Bureau of Indian Affairs. The parent, Indian custodian, or Tribe, shall, upon request, be granted up to an additional 20 days to prepare for the hearing.

  3. Standard of Proof: In order to find that the child is a child in need of aid, the court must find by a preponderance of the evidence – in other words, that it is more likely true than not true – that the child has been subjected to conditions or conduct described in at least one subsection of AS 47.10.011. The court may not find a child to be a child in need of aid solely because the child's family is poor, lacks adequate housing, or exhibits a lifestyle that is different from the generally accepted lifestyle standard of the community where the family lives.

  4. Presentation of Evidence: Often the parties in a case will stipulate to adjudication and continued temporary custody, thereby eliminating the need for presentation of evidence. However, if a party opposes the department’s petition, the PSS and/or other witnesses may be required to testify regarding the allegations in the petition. Because hearsay is generally not admissible at adjudication to prove the child is a child in need of aid, the child may have to testify at this stage of the proceedings.

  5. Stipulations Involving Indian Children: If the case involves an Indian child, any Stipulation to adjudication must be in writing, agreed to by the court, and signed by the parent or Indian custodian.

  6. Dismissal for Lack of Evidence: If the court does not find by a preponderance of the evidence that the child is a child in need of aid, this means the court no longer has Jurisdiction under the Child In Need of Aid statutes. The case must be dismissed and the child returned to the parent(s), guardian, or Indian custodian.

  7. Adjudication Findings: If the court finds by a preponderance of the evidence that the child has been subjected to conditions or conduct described in AS 47.10.011, the court will adjudicate the child a child in need of aid and schedule the matter for disposition.

  8. Legal Custody or Supervision: If a disposition hearing is not held immediately following the adjudication, the court must address whether temporary custody or supervision is necessary in the interim.

  9. Removal Findings and Efforts to Reunify: If the court grants the department continued temporary legal custody of the child pending disposition, the court will next determine whether the child should remain placed outside of the home and, if so, make findings regarding the department’s efforts to prevent continued out-of-home placement. See Section 4.5.1 Probable Cause/Temporary Custody Hearing.