- Alaska Statutes.
- Title 47. Welfare, Social Services and Institutions
- Chapter 10. Children in Need of Aid
- Section 142. Emergency Custody and Temporary Placement Hearing.
previous: Section 141
. Runaway and Missing Minors.
next: Section 150
. - 47.10.180l General Power, Duty, and Authority of the Department. [Repealed, Sec. 55 Ch 59 SLA 1996. For Current Law, See AS 47.14.010
AS 47.10.142. Emergency Custody and Temporary Placement Hearing.
- (a) The Department of Health and Social Services may take emergency custody of a child upon discovering any of the
- (1) the child has been abandoned as abandonment is described in AS 47.10.013;
- (2) the child has been neglected by the child's parents or guardian, as "neglect" is described in AS 47.10.014
, and the department determines that immediate removal from the child's surroundings is necessary to protect the
child's life or provide immediate necessary medical attention;
- (3) the child has been subjected to physical harm by a person responsible for the child's welfare, and the department
determines that immediate removal from the child's surroundings is necessary to protect the child's life or that
immediate medical attention is necessary; or
- (4) the child or a sibling has been sexually abused under circumstances listed in AS 47.10.011
- (b) The department shall offer available counseling services to the person having legal custody of a minor described in AS
and to the members of the minor's household if it determines that counseling services would be appropriate in the
situation. If, after assessing the situation, offering available counseling services to the legal custodian and the
minor's household, and furnishing appropriate social services to the minor, the department considers it necessary, the
department may take emergency custody of the minor.
- (c) When a child is taken into custody under (a) or (b) of this section or when the department is notified of a child's
presence in either a program for runaway children under AS 47.10.300
- 47.10.390 or a shelter for runaway children under
- 47.10.399, the department shall immediately, and in
no event more than 24 hours later unless prevented by lack of communication facilities, notify the parents or the
person or persons having custody of the child. If the department determines that continued custody is necessary to
protect the child, the department shall notify the court of the emergency custody by filing, within 24 hours after
custody was assumed, a petition alleging that the child is a child in need of aid. If the department releases the child
within 24 hours after taking the child into custody and does not file a child in need of aid petition, the department
shall, within 24 hours after releasing the child, file with the court a report explaining why the child was taken into
custody, why the child was released, and to whom the child was released.
- (d) The court shall immediately, and in no event more than 48 hours after being notified unless prevented by lack of
transportation, hold a temporary custody hearing at which the child, if the child's health permits, and the child's
parents or guardian, if they can be found, shall be permitted to be present. If present at the hearing, a parent or
guardian of the child may request a continuance of the hearing for the purpose of preparing a response to the
allegation that the child is a child in need of aid. The court may grant the request on a showing of good cause for why
the parent or guardian is not prepared to respond to the allegation. During a continuance, the child remains in the
temporary legal custody of the department, except as otherwise provided in this subsection. At the first hearing under
this subsection, regardless of whether a continuance is granted, the court shall make a preliminary determination of
whether continued placement in the home of the child's parent or guardian would be contrary to the welfare of the
child. If a court determines that continued placement in the home of the child's parent or guardian would not be
contrary to the welfare of the child, the court shall return the authority to place the child to the child's parent or
guardian pending a temporary custody hearing under (e) of this section.
- (e) When the temporary custody hearing is held, the court shall determine whether probable cause exists for believing the
child to be a child in need of aid, as defined in AS 47.10.990
. If the court finds that probable cause exists, it shall order the child committed to the department for temporary
placement, or order the child returned to the custody of the child's parents or guardian, subject to the department's
supervision of the child's care and treatment. The court shall inform the child, and the child's parents or guardian if
they can be found, of the reasons for finding probable cause, authorizing the child's temporary placement, and, if
applicable, finding that continued placement in the home of the child's parents or guardian would be contrary to the
welfare of the child. If the court finds no probable cause, it shall order the child returned to the custody of the
child's parents or guardian.
- (f) When a minor is committed to the department for temporary placement under (e) of this section, the court order shall
specify the terms, conditions, and duration of placement. If the court orders the minor returned to the custody of the
minor's parents or guardian under (e) of this section after a hearing held on a petition filed under AS 47.10.141(f), the court shall specify the terms and
conditions that must be followed by the minor and the minor's parents or guardian. The court shall require the minor to
remain in the placement provided by the department and shall clearly state in the order the consequences of violating
the order, including detention under AS 47.10.141
- (g) [Repealed, Sec. 74 ch 35 SLA 2003].
- (h) Within 12 months after a child is committed to the department under this section, the court shall review the placement
plan and actual placement of the child under AS 47.10.080
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