6.6.3 Notifications

AS 47.10.030 Summons and Custody of Minor

AS 47.10.070 Hearings

25 U.S.C. 1912 Indian Child Welfare Act of 1978 (P.L. 95-608)

42 U.S.C 671(a)(29) State Plan for Foster Care and Adoption Assistance (Title IV-E)

42 U.S.C 675(5) Definitions (Title IV-E)

Alaska Child in Need of Aid Rules 3 and 7

To ensure that notification of court hearings, court case conferences, Office of Children’s Services (OCS) administrative reviews, and removals from home is provided to all individuals entitled to receive notice.

Federal Law:

1. Notification of Removal:

   1. Within 30 days of removing a child from the parent(s), the State must exercise due diligence to identify and provide notice to all adult grandparents, to all parents of a sibling of the child, where such parent has custody of such sibling, and to other adult relatives of the child subject to exceptions due to family or domestic violence. In this context, the term “sibling” means an individual who satisfies at least one of the following conditions with respect to a child:

      1. The individual is considered by State law to be a sibling of the child; or

      2. The individual would have been considered a sibling of the child under State law but for a termination or other disruption of parental rights, such as the death of a parent.

   2. The notice must specify that the child has been or is being removed from home and explain the options the relative has under federal and state law to participate in the care and placement of the child.

2. Notification of Court Hearings: The State must provide notice of court hearings to each parent or guardian, child, the Indian child’s Tribe, and foster parent or other out-of-home care provider.

3. Petition for Termination of Parental Rights: The State must provide notice to the parent and the Indian child’s Tribe, if applicable when a petition to terminate parental rights is filed.

State Law and Alaska Court Rules:

1. Notification of Court Hearings:

   1. Each parent, child, Indian Custodian, Indian child’s Tribe, foster parent or other out-of-home care provider, guardian, and guardian ad litem (GAL) must be given notice of court hearings.

   2. Notice must also be given to a grandparent of the child, if:

      1. The grandparent has contacted OCS to request notice about the hearings in the child’s case and has provided OCS with a current mailing address and acceptable evidence of being the child’s grandparent; or

      2. OCS is aware of that the child has a grandparent, and has the grandparent’s current mailing address.

   3. Notice to grandparents is not required if the grandparent has been convicted of a crime in which the child was the victim, or a court order prohibits the grandparent from having contact with the child.