|
|
|
- Alaska Statutes.
- Title 47. Welfare, Social Services and Institutions
- Chapter 12. Delinquent Minors
- Section 150. Legal Custody, Guardianship, and Residual Parental Rights and Responsibilities.
previous:
Section 140. Court Dispositional Order.
next:
Section 155. Parental or Guardian Accountability and Participation.
AS 47.12.150. Legal Custody, Guardianship, and Residual Parental Rights and Responsibilities.
- (a) When a minor is committed under AS 47.12.120
(b)(1) or (3) to the department or released under AS 47.12.120
(b)(2) to the minor's parents, guardian, or other suitable person, a relationship of legal custody exists. This
relationship imposes on the department and its authorized agents or the parents, guardian, or other suitable person the
responsibility of physical care and control of the minor, the determination of where and with whom the minor shall
live, the right and duty to protect, train, and discipline the minor, and the duty of providing the minor with food,
shelter, education, and medical care. These obligations are subject to any residual parental rights and
responsibilities and rights and responsibilities of a guardian if one has been appointed. When a minor is committed to
the department and the department places the minor with the minor's parent, the parent has the responsibility to
provide and pay for food, shelter, education, and medical care for the minor. When parental rights have been
terminated, or there are no living parents and a guardian has not been appointed, the responsibilities of legal custody
include those in (b) and (c) of this section. The department or person having legal custody of the minor may delegate
any of the responsibilities under this section, except authority to consent to marriage, adoption, and military
enlistment may not be delegated. For purposes of this chapter, a person in charge of a placement setting is an agent of
the department.
- (b) When a guardian is appointed for the minor, the court shall specify in its order the rights and responsibilities of
the guardian. The guardian may be removed only by court order. The rights and responsibilities may include, but are not
limited to, having the right and responsibility of reasonable visitation, consenting to marriage, consenting to
military enlistment, consenting to major medical treatment, obtaining representation for the minor in legal actions,
and making decisions of legal or financial significance concerning the minor.
- (c) When there has been transfer of legal custody or appointment of a guardian and parental rights have not been
terminated by court decree, the parents shall have residual rights and responsibilities. These residual rights and
responsibilities of the parent include the right and responsibility of reasonable visitation, consent to adoption,
consent to marriage, consent to military enlistment, consent to major medical treatment except in cases of emergency or
cases falling under AS 25.20.025
, and the responsibility for support, except if by court order any residual right and responsibility has been delegated
to a guardian under (b) of this section.
All content © 2008 by Touch
N' Go/Bright Solutions, Inc.
Note to HTML Version:
This version of the Alaska Statutes is current through December, 2007. The Alaska Statutes were automatically converted to HTML from a plain text format. Every effort has been made to ensure their accuracy, but this can not be guaranteed. If it is critical that the precise terms of the Alaska Statutes be known, it is recommended that more formal sources be consulted. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature
If any errors are found, please e-mail Touch N' Go systems at E-mail. We
hope you find this information useful.