(Revision. 10/1/15)
AS 47.10.080 Judgments and Orders
AS 47.10.083 Review of Orders, Requests for Extensions
AS 47.10.100 Retention of Jurisdiction over Child
Alaska Child in Need of Aid Rule 19.2
Purpose of Hearing: The purpose of an extension of custody/supervision hearing is to determine whether, at the end of a period of custody or supervision, the child should remain committed to the custody or supervision of the department and, if so, for what period of time and under what conditions. In order to extend custody, the court must find that the child continues to be a child in need of aid and that the extension is in the best interests of the child.
Time Limits:
The extension hearing should be held prior to the expiration of custody or supervision. If necessary, the court may issue an order temporarily extending custody or supervision for a Reasonable Time until a decision on the petition can be made. Although the court is not prohibited from retroactively extending custody/supervision after it has expired, every effort should be made to hold the hearing prior to expiration.
Each extension of custody may be for a period not to exceed one year or the child’s 19th birthday, whichever occurs earlier. The court may extend the department's custody for additional one-year periods past the child’s 19th birthday, not to extend beyond the child’s 21st birthday if continued state custody is in the child's best interests and the child consents.
Each extension of supervision may be for a period not to exceed one year or the child’s 19th birthday, whichever occurs earlier. The court may extend the department's supervision for up to one year past the child’s 19th birthday if it is in the child's best interests and the child consents.
Information Relied Upon: In deciding whether to extend custody or supervision and under what terms, the court relies upon the petition for extension of custody/supervision submitted by the department, as well as any evidence or other relevant information submitted by the parties.
Petition for Extension of Custody/Supervision: If the department seeks to extend custody or supervision of the child, the PSS must prepare and file a petition for extension of custody/supervision. The guardian ad litem or the child is also authorized by law to file a petition, but in most cases the department is the petitioner.
The petition must be submitted to the court and parties at least 30 days prior to the expiration of custody/supervision. The court rules also require that a written report detailing the facts and circumstances supporting the petition be filed at least 10 days before the extension hearing; however, this information is usually incorporated into the petition itself, thereby eliminating the need for a separate report.
The petition/report should include:
a summary of the conduct or conditions that cause the child to continue to be a child in need of aid;
a summary of the child’s and family’s social history;
a description of the services offered to the family, the family’s progress in remedying the conduct or conditions in the home that cause the child to be a child in need of aid, and a statement of changes in circumstances or behavior which will aid the court in determining when court intervention is no longer necessary;
a summary of the child’s progress while in custody/supervision; and
an explanation of why an extension of custody/supervision is necessary and in the child’s best interests.
Notice to Hearing:
Notice of the hearing must be provided to all parties to the case, the foster parent or out-of-home care provider, and grand parents who are entitled to notice (see section 4.1 Rights, Responsibilities, and Roles of Parties and Participants in a Court Proceeding for clarification of grand parent’s right to notice).
An Indian child’s Tribe and Indian Custodian, if applicable, are entitled to service of the petition and notice of the extension hearing even if neither the Tribe nor Indian custodian has previously intervened or participated in the proceedings. The notice must describe the right to intervene and obtain documents filed in the case.
Presentation of Evidence: Often the parties in a case will stipulate to extension of custody/supervision. However, if a party opposes extension, the PSS and/or other witnesses may be required to testify in support of the petition. Because hearsay is generally admissible at an extension hearing, the child will not usually have to testify at this stage of the proceedings.
Denial of Petition: If the court finds that the child is no longer a child in need of aid, or that it is not in the best interests of the child to extend custody or supervision, the petition for extension must be denied. However, if the child is in out-of-home placement, the court may establish a timetable for gradual Reunification of the family and expiration of custody if the court finds that immediate reunification would be detrimental to the child.
Extension of Custody/Supervision Findings: If the court finds that the child continues to be a child in need of aid and that an extension of custody or supervision is in the child’s best interests, it must do one of the following:
Commit the child to the custody of the department for additional one-year periods that do not extend beyond the child’s 21st birthday.
Return the child to, or maintain the child in, the custody of the parent, guardian, or Indian custodian of the child with supervision by the department for an additional period not to exceed one year or the child's 19th birthday, whichever occurs earlier.
Consolidation of Extension Hearing and Permanency Hearing: Because permanency findings must be reviewed annually, it is often preferable to request and obtain permanency findings at the first extension of custody/supervision hearing and to combine extension and permanency hearings thereafter.
The PSS will document the hearing in ORCA.