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2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 10. Children in Need of Aid › Article 1. Children's Proceedings. › Sec. 47.10.098. Grievance procedure.

(a) The department shall develop, in regulation, a grievance procedure for a parent to file a complaint based on
(1) the application of a department policy or procedure under this chapter;
(2) compliance with this chapter or a regulation adopted under this chapter; or
(3) an act or failure to act by the department under this chapter.
(b) The department shall prepare and distribute to each parent of a child who is under the jurisdiction of the department a written copy of the grievance procedure developed under (a) of this section.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 10. Children in Need of Aid › Article 1. Children's Proceedings. › Sec. 47.10.100. Retention of jurisdiction over child.

(a) The court retains jurisdiction over the case and may at any time stay execution, modify, set aside, revoke, or enlarge a judgment or order, or grant a new hearing, in the exercise of its power of protection over the child and for the child's best interest, for a period of time not to exceed two years or in any event extend past the day the child reaches 19 years of age, unless sooner discharged by the court, except that the department may apply for and the court may grant an additional one-year period of custody or supervision past 19 years of age and additional one-year periods of custody that do not extend beyond the person's 21st birthday if continued custody or supervision is in the best interests of the person and the person consents to it. An application for any of these purposes may be made by the parent, guardian, or custodian acting in behalf of the child, or the court may, on its own motion, and after reasonable notice to interested parties and the appropriate department, take action that it considers appropriate.
(b) If the court determines at a hearing authorized by (a) of this section that the department has complied with the requirements for release of a child under AS 47.14.100(q) and that it is in the best interests of the child to be released to the child's own custody, or to the care or custody of the child's parent, guardian, or custodian, it shall enter an order to that effect and the child is discharged from the control of the department.
(c) If a child is adjudicated a child in need of aid before the child's 18th birthday, the court may retain jurisdiction over the child after the child's 18th birthday for the purpose of supervising the child, but the court's jurisdiction over the minor under this chapter never extends beyond the child's 19th birthday, except that the department may apply for and the court may grant an additional one-year period of custody or supervision past 19 years of age and additional one-year periods of custody that do not extend beyond the person's 21st birthday if continued custody or supervision is in the best interests of the person and the person consents to it. The department may retain jurisdiction over a child if the child has been placed in the custody or under the supervision of the department before the child's 18th birthday, except that the department may apply for and the court may grant an additional one-year period of custody or supervision past 19 years of age and additional one-year periods of custody that do not extend beyond the person's 21st birthday if continued custody or supervision is in the best interests of the person and the person consents to it.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 10. Children in Need of Aid › Article 1. Children's Proceedings. › Sec. 47.10.110. Appointment of guardian or custodian.

When, in the course of a proceeding under this chapter, it appears to the court that the welfare of a minor will be promoted by the appointment of a guardian or custodian of the minor's person, the court may make the appointment. The court shall have a summons issued and served upon the parents of the minor, if they can be found, in a manner and within a time before the hearing that the court considers reasonable. The court may determine whether the father, mother, another suitable person, or the department shall have the custody and control of the minor. If the minor is of sufficient age and intelligence to state desires, the court shall consider them.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 10. Children in Need of Aid › Article 1. Children's Proceedings. › Sec. 47.10.111. Petition for adoption or guardianship of a child in state custody.

(a) Except as provided under AS 13.26.137(b)(2) and AS 25.23.030(d)(2), if a person seeks adoption or appointment as legal guardian of a child in state custody under this chapter, the court shall hear the adoption or guardianship proceedings as part of the child-in-need-of-aid proceedings relating to the child. A person may initiate proceedings for the adoption or legal guardianship of a child in state custody under this chapter by filing with the court a petition
(1) for adoption that meets the requirements of AS 25.23.080; or
(2) to be appointed legal guardian that meets the requirements of AS 13.26.147.
(b) If a person files a petition for adoption or legal guardianship of a child under (a) of this section before the court approves adoption or legal guardianship as the permanent plan for the child under AS 47.10.080(l)(2), the court shall hold the petition in abeyance until after the court has approved adoption or legal guardianship as the permanent plan for the child under AS 47.10.080(l).
(c) If a person files a petition for adoption or legal guardianship of a child who is in out-of-home placement, and the child is not placed with the person who files the petition at the time the person files the petition, the department shall, not more than 60 days after the petition is filed, submit a permanent plan to the court. The court shall hold a hearing to review the permanent plan for the child under AS 47.10.080(l) not more than 90 days after the petition is filed.
(d) A person who files a petition for adoption or legal guardianship of a child under this section does not become a party to the child-in-need-of-aid proceedings. A person who files a petition for adoption or legal guardianship of a child under this section may only participate in proceedings under this chapter that concern the person's petition.
(e) A parent who has consented to adoption under AS 25.23.060, who has relinquished parental rights under AS 47.10.089, or whose parental rights have been terminated under AS 47.10.080(o) or 47.10.088, is not a party to the adoption or guardianship proceedings under this section.
(f) Except as provided in this section, the requirements of AS 25.23 apply to a petition for adoption filed under this section, and the requirements of AS 13.26.101 - 13.26.186 apply to a petition for legal guardianship filed under this section.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 10. Children in Need of Aid › Article 1. Children's Proceedings. › Sec. 47.10.113. Civil custody proceedings.

(a) Except as provided in AS 25.24.150(a), a court shall hear a request to make, modify, or vacate an order for the custody of or visitation with a minor child in state custody under this chapter as part of the child-in-need-of-aid proceedings relating to the child.
(b) A person who files a request for an order to make, modify, or vacate an order for the custody of or visitation with a minor child in state custody under this chapter is not entitled to the appointment of a lawyer at public expense under this section.
(c) Except as provided in this section, the requirements of AS 25.24.010 - 25.24.180 apply to a request under this section to make, modify, or vacate an order for the custody of or visitation with a minor child in state custody under this chapter.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 10. Children in Need of Aid › Article 1. Children's Proceedings. › Sec. 47.10.115. Permanent fund dividend.

(a) The department shall annually apply for a permanent fund dividend and retain in trust under AS 43.23.015(e) for the benefit of the child the dividend and accrued interest on the dividend if the child is in the custody of the department when the application is due.
(b) The department shall distribute the proceeds of a trust under this section
(1) to the child when the child
(A) has reached 21 years of age; or
(B) is no longer in the custody of the department and has reached at least 18 years of age or is emancipated; or
(2) when
ordered to do so by the court in the best interest of the child.
(c) [Repealed, § 14 ch 7 4SSLA 2016.]
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 10. Children in Need of Aid › Article 1. Children's Proceedings. › Sec. 47.10.120. Support of child.

(a) When a child in need of aid is committed under this chapter, the court or the child support services agency created in AS 25.27.010 shall, after giving the parent a reasonable opportunity to be heard, require that the parent pay to the department in a manner that the court or the child support services agency directs a sum to cover in full or in part the maintenance and care of the child. The support obligation shall be calculated under Rule 90.3(i) of the Alaska Rules of Civil Procedure.
(b) If a parent wilfully fails or refuses to pay the sum fixed, the parent may be proceeded against as provided by law in cases of family desertion and nonsupport.
(c) The sum collected from a parent under this section shall be directly credited to the general fund of the state.
(d) [Repealed, § 28 ch 90 SLA 1991.]
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 10. Children in Need of Aid › Article 2. Programs for Runaway Minors. › Sec. 47.10.300. Powers and duties of the department.

The department shall
(1) review, inspect, and approve or disapprove for licensing proposed or established programs for runaway minors to ensure the health and safety of minors in the program;
(2) maintain a register of licensed programs for runaway minors;
(3) award nonprofit corporations or municipalities grants for the establishment or operation of licensed programs for runaway minors;
(4) adopt regulations for the administration of AS 47.10.300 - 47.10.390, including regulations providing for the coordination of services to be provided by licensed programs for runaway minors and by the department.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 10. Children in Need of Aid › Article 2. Programs for Runaway Minors. › Sec. 47.10.310. Licensing of programs for runaway minors.

(a) A person may not operate a program for runaway minors in the state without a license issued under this section. A person who violates this subsection is guilty of a violation.
(b) The department may license a program for runaway minors under AS 47.10.300 - 47.10.390 only if the program
(1) is operated by a corporation or a municipality; and
(2) meets the requirements of (c) of this section.
(c) A program for runaway minors shall
(1) explain to a minor who seeks assistance from the program the legal rights and responsibilities of runaway minors and the services and assistance provided for runaway minors by the program and by the state or local municipality;
(2) upon admission of a minor to the program, attempt to determine why the minor is a runaway and what services may be necessary or appropriate for reuniting the minor with the minor's family;
(3) provide or help arrange for the provision of services necessary to promote the health and welfare of a minor in the program and, if appropriate, members of the minor's family; services may include, but are not limited to, the provision of food, shelter, clothing, medical care, and individual, group, or family counseling;
(4) within one state working day after admission of a minor to the program inform the department of a minor in the program
(A) who claims to be the victim of child abuse or neglect, as defined in AS 47.17.290;
(B) whom an employee of the program has cause to believe has been a victim of child abuse or neglect; or
(C) whom an employee of the program has reason to believe is evading the supervision of the department, the person to whom the department has entrusted supervision, or the minor's legal guardian;
(5) be operated with the goal of reuniting runaway minors with their families, except in cases in which reunification is clearly contrary to the best interest of the minor; and
(6) maintain adequate staffing and accommodations to ensure physical security and to provide crisis services to minors residing in a facility operated by the program; a program that, as determined by the department, regularly receives state money in an amount that exceeds one-fourth of the program's costs shall maintain semi-secure portions of its facilities in a proportion that meets regulations established by the department; residents under 18 years of age shall be segregated from residents who are 18 years of age or older.
(d) A program for runaway minors may provide services for the protection of the health and welfare of a person under 21 years of age who is in need of the services and who is without a place of shelter in which supervision and care of the person are available.
(e) A program for runaway minors that operates a licensed residential shelter in the state shall provide a shelter with a capacity designated in the license issued under AS 47.10.300 - 47.10.390.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 10. Children in Need of Aid › Article 2. Programs for Runaway Minors. › Sec. 47.10.320. Residence in runaway minor program facilities.

A runaway minor may maintain residency for a period not exceeding 45 days at a facility operated as part of a licensed program for runaway minors. The minor may maintain residency without the consent of the person or agency having custody of the minor, except that if the court has ordered the minor committed to the custody of the department, written consent of the department is required. The residency may be extended for an additional period of 45 days with the written consent of the person or agency having custody of the minor. A minor may not maintain residency beyond the 90th day following admission to a licensed program for runaway minors without the written consent of the person or agency having custody of the minor and the written consent of the department.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 10. Children in Need of Aid › Article 2. Programs for Runaway Minors. › Sec. 47.10.330. Notice to minor's legal custodian.

(a) [Repealed, § 24 ch 33 SLA 1994.]
(b) The director of a program for runaway minors shall promptly notify a minor's legal custodian if the minor is released from the program into the custody of a person other than the legal custodian or a person representing the legal custodian.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 10. Children in Need of Aid › Article 2. Programs for Runaway Minors. › Sec. 47.10.340. Confidentiality of records.

Records of a licensed program for runaway minors that identify a minor who has been admitted to or has sought assistance from the program are confidential and are not subject to inspection or copying under AS 40.25.110 - 40.25.120, unless
(1) after being informed of the minor's right to privacy, the minor consents in writing to the disclosure of the records;
(2) the records are relevant to an investigation or proceeding involving child abuse or neglect or a child in need of aid petition; or
(3) disclosure of the records is necessary to protect the life or health of the minor.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 10. Children in Need of Aid › Article 2. Programs for Runaway Minors. › Sec. 47.10.350. Immunity from liability.

(a) The officers, directors, and employees of a licensed program for runaway minors are not liable for civil damages as a result of an act or omission in admitting a minor to the program.
(b) This section does not preclude liability for civil damages as a result of recklessness or intentional misconduct.
(c) The officers, directors, and employees of a licensed program for runaway minors are not criminally liable under AS 11.51.130(a)(4) for assisting a minor in the program.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 10. Children in Need of Aid › Article 2. Programs for Runaway Minors. › Sec. 47.10.390. Definitions.

In AS 47.10.300 - 47.10.390,
(1) “licensed program for runaway minors” means a residential or nonresidential program licensed by the department under AS 47.10.310;
(2) “runaway minor” means a person under 18 years of age who
(A) is habitually absent from home; or
(B) refuses to accept available care;
(3) “semi-secure” has the meaning given in AS 47.10.141(k).
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 10. Children in Need of Aid › Article 3. Shelters for Runaway Minors. › Sec. 47.10.392. Certificate required.

A private residence may not be held out publicly as a shelter for runaway minors unless the residence
(1) is designated a shelter for runaways by a corporation that is licensed to make the designation under AS 47.32; and
(2) has a valid permit from the department signifying that designation.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 10. Children in Need of Aid › Article 3. Shelters for Runaway Minors. › Sec. 47.10.394. Operation of shelters.

(a) A shelter for runaways may not shelter a runaway minor for more than seven days unless the department determines that
(1) the minor is the subject of exceptional circumstances; or
(2) another appropriate setting is not available for the minor.
(b) The provider of a shelter for runaways shall promptly, but within one state working day, inform the department of a runaway minor in the shelter
(1) who claims to be the victim of child abuse or neglect;
(2) whom the provider has reasonable cause to suspect has been a victim of child abuse or neglect; or
(3) whom the provider has reason to believe is evading the supervision of the department, the person to whom the department has entrusted supervision, or the minor's legal guardian.
(c) In this section, “child abuse or neglect” has the meaning given in AS 47.17.290.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 10. Children in Need of Aid › Article 3. Shelters for Runaway Minors. › Sec. 47.10.396. Confidentiality of records.

If the department requires record keeping by a shelter for runaways or by a corporation that is licensed to designate shelters for runaways, records of the shelter and the corporation that identify a runaway minor who has been sheltered in a shelter for runaways or has sought assistance from a shelter for runaways are confidential and are not subject to inspection or copying under AS 40.25.110 - 40.25.120 unless
(1) after being informed of the minor's right to privacy, the minor consents in writing to the disclosure of the records;
(2) the records are relevant to an investigation or proceeding involving child abuse or neglect or a child in need of aid petition; or
(3) disclosure of the records is necessary to protect the life or health of the minor.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 10. Children in Need of Aid › Article 3. Shelters for Runaway Minors. › Sec. 47.10.398. Immunity from liability.

(a) A person in a shelter for runaways, or in a home for which an application to be designated a shelter for runaways is being considered by a corporation licensed for that purpose by the department, that is operated in a manner that is consistent with AS 47.10.392 - 47.10.399 and regulations adopted under those sections is not criminally liable under AS 11.51.130(a)(4).
(b) Except as provided in (c) of this section, the provider of a shelter for runaways, or of a home for which an application to be designated a shelter for runaways is being considered by a corporation approved for that purpose by the department, that is operated in a manner that is consistent with AS 47.10.392 - 47.10.399 and regulations adopted under those sections and the members of the provider's household, other than a runaway minor, are not liable for civil damages as a result of an act or omission
(1) in admitting or refusing to admit a runaway minor to the shelter or home; or
(2) by a runaway minor who is sheltered in the shelter or home.
(c) The provisions of (b) of this section do not preclude liability for civil damages as a result of recklessness or intentional misconduct.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 10. Children in Need of Aid › Article 3. Shelters for Runaway Minors. › Sec. 47.10.399. Definitions.

In AS 47.10.392 - 47.10.399,
(1) “runaway minor” has the meaning given in AS 47.10.390;
(2) “shelter for runaways” or “shelter for runaway minors” means a private residence whose legal occupant agrees to shelter, with or without compensation, a runaway minor accepted into the residence by the legal occupant and that
(A) is not simultaneously licensed under AS 47.10.310 as a program for runaway minors;
(B) has been designated a shelter for runaways by a corporation licensed for that purpose under AS 47.32; and
(C) has a permit issued by the department under AS 47.32.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 10. Children in Need of Aid › Article 4. General Provisions. › Sec. 47.10.960. Civil liability.

(a) Failure to comply with a provision of this title does not constitute a basis for civil liability for damages.
(b) Nothing in this section shall be construed to prohibit a civil action for common law negligence or an action under AS 09.55.580 on behalf of a child who is injured or dies while in the custody of the state.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 12. Delinquent Minors › Article 1. Juvenile Delinquency. › Sec. 47.12.010. Goal and purposes of chapter.

(a) The goal of this chapter is to promote a balanced juvenile justice system in the state to protect the community, impose accountability for violations of law, and equip juvenile offenders with the skills needed to live responsibly and productively.
(b) The purposes of this chapter are to
(1) respond to a juvenile offender's needs in a manner that is consistent with
(A) prevention of repeated criminal behavior;
(B) restoration of the community and victim;
(C) protection of the public; and
(D) development of the juvenile into a productive citizen;
(2) protect citizens from juvenile crime;
(3) hold each juvenile offender directly accountable for the offender's conduct;
(4) provide swift and consistent consequences for crimes committed by juveniles;
(5) make the juvenile justice system more open, accessible, and accountable to the public;
(6) require parental or guardian participation in the juvenile justice process;
(7) create an expectation that parents will be held responsible for the conduct and needs of their children;
(8) ensure that victims, witnesses, parents, foster parents, guardians, juvenile offenders, and all other interested parties are treated with dignity, respect, courtesy, and sensitivity throughout all legal proceedings;
(9) provide due process through which juvenile offenders, victims, parents, and guardians are assured fair legal proceedings during which constitutional and other legal rights are recognized and enforced;
(10) divert juveniles from the formal juvenile justice process through early intervention as warranted when consistent with the protection of the public;
(11) provide an early, individualized assessment and action plan for each juvenile offender in order to prevent further criminal behavior through the development of appropriate skills in the juvenile offender so that the juvenile is more capable of living productively and responsibly in the community;
(12) ensure that victims and witnesses of crimes committed by juveniles are afforded the same rights as victims and witnesses of crimes committed by adults;
(13) encourage and provide opportunities for local communities and groups to play an active role in the juvenile justice process in ways that are culturally relevant; and
(14) review and evaluate regularly and independently the effectiveness of programs and services under this chapter.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 12. Delinquent Minors › Article 1. Juvenile Delinquency. › Sec. 47.12.020. Jurisdiction.

(a) Proceedings relating to a minor under 18 years of age residing or found in the state are governed by this chapter, except as otherwise provided in this chapter, when the minor is alleged to be or may be determined by a court to be a delinquent minor as a result of violating a criminal law of the state or a municipality of the state.
(b) Except as otherwise provided in this chapter, proceedings relating to a person who is 18 years of age or over are governed by this chapter if the person is alleged to have committed a violation of the criminal law of the state or a municipality of the state, the violation occurred when the person was under 18 years of age, and the period of limitation under AS 12.10 has not expired.
(c) The provisions of this chapter apply to the detention and care of a person who is alleged to have committed a violation of a criminal law of the state or local government, subject to the provisions of AS 47.12.030(a), 47.12.100, and 47.12.105.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 12. Delinquent Minors › Article 1. Juvenile Delinquency. › Sec. 47.12.022. Applicability; inclusion of certain persons as minors.

Except as provided in AS 47.12.025, the provisions of this chapter apply to a person who is 18 years of age or older and who is subject to the jurisdiction of this chapter due to AS 47.12.020(b) or (c). To implement AS 47.12.020(b) and (c) and this section, the term “minor” as used in this chapter includes a person described in this section.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 12. Delinquent Minors › Article 1. Juvenile Delinquency. › Sec. 47.12.050. Notice to and involvement of parent or guardian.

(a) Except as may be otherwise specifically provided, in all cases under this chapter, the minor, each parent of the minor, the foster parent of the minor, and the guardian of the minor are entitled to notice adequate to give actual notice of the proceedings, taking into account education and language differences that are known or reasonably ascertainable by the party giving the notice. The notice must contain all names by which the minor has been identified.
(b) Notice shall be given in the manner appropriate under the Alaska Rules of Civil Procedure for the service of process in a civil action under state law or in any manner the court by order directs. Proof of giving of the notice shall be filed with the court before the petition is heard or other proceeding commenced.
(c) The court may subpoena the parent or guardian of the minor, or any other person whose testimony may be necessary at the hearing. A subpoena or other process may be served by a person authorized by law to make the service. If personal service cannot be made, the court may direct that service of process be in the manner appropriate under the Alaska Rules of Civil Procedure for the service of process in a civil action under state law or in any manner the court directs.
(d) In any proceeding under this chapter, the presence of the minor's parent or guardian is preferred.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 12. Delinquent Minors › Article 1. Juvenile Delinquency. › Sec. 47.12.060. Informal action to adjust matter.

(a) The provisions of this section apply to a minor who is alleged to be a delinquent minor under AS 47.12.020 and for whom the department or an entity selected by it has made a preliminary inquiry as required by AS 47.12.040(a)(1). Following the preliminary inquiry,
(1) the department or the entity selected by it may dismiss the matter with or without prejudice; or
(2) the department or the entity selected by it may take informal action to adjust the matter.
(b) When the department or the entity selected by it decides to make an informal adjustment of a matter under (a)(2) of this section, that informal adjustment
(1) must be made with the agreement or consent of the minor and the minor's parents or guardian to the terms and conditions of the adjustment;
(2) must give the minor's foster parent an opportunity to be heard before the informal adjustment is made;
(3) must include notice that informal action to adjust a matter is not successfully completed unless, among other factors that the department or the entity selected by it considers, as to the victim of the act of the minor that is the basis of the delinquency allegation, the minor pays restitution in the amount set by the department or the entity selected by it or agrees as a term or condition set by the department or the entity selected by it to pay the restitution;
(4) [Repealed, § 22 ch 32 SLA 2016.]
(5) [Repealed, § 56 ch 16 SLA 2021.]
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 12. Delinquent Minors › Article 1. Juvenile Delinquency. › Sec. 47.12.065. Dual sentencing provisions.

(a) The department or the entity selected by it may refer to the appropriate district attorney the circumstances involving a minor who is subject to the provisions of this section because the minor is alleged to have violated a criminal law of the state. Except as provided in (d) of this section, the department or the entity selected by it may make the referral if the minor was 16 years of age or older at the time of the offense, and the offense is
(1) a felony that is a crime against a person and the minor has previously been adjudicated a delinquent under the laws of this state or substantially similar laws of another jurisdiction for a felony offense that is a crime against a person; or
(2) sexual abuse of a minor in the second degree.
(b) If a referral is made under (a) of this section, the district attorney may elect to seek imposition of a dual sentence in the case to further the goal and purposes of this chapter as set out in AS 47.12.010. If the district attorney seeks imposition of a dual sentence, the district attorney shall present the case to the grand jury for indictment. If the grand jury returns an indictment, the district attorney shall file with the court under AS 47.12.040(a) a petition seeking the minor's adjudication as a delinquent.
(c) If the district attorney decides not to seek imposition of a dual sentence under (b) of this section or if the grand jury does not return an indictment, the case shall proceed under the remaining provisions of this chapter.
(d) The department or the entity selected by it may refer to the appropriate district attorney a person who is subject to the jurisdiction of this chapter under AS 47.12.020(b) and who is alleged to have committed a felony or other offense. If the district attorney elects to seek imposition of a dual sentence in the matter, the district attorney shall file notice of that election. If the alleged crime is a misdemeanor, the district attorney shall file a delinquency petition. If the alleged crime is a felony, the district attorney shall follow the procedure set out in (b) of this section.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 12. Delinquent Minors › Article 1. Juvenile Delinquency. › Sec. 47.12.070. Summons and custody of minor.

After a petition is filed and after further investigation that the court directs, if the minor has not appeared voluntarily, the court shall issue a summons that
(1) recites briefly the substance of the petition;
(2) directs the person having custody or control of the minor to appear personally in court with the minor at the place and at the time set forth in the summons.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 12. Delinquent Minors › Article 1. Juvenile Delinquency. › Sec. 47.12.080. Release of minor.

A minor who is taken into custody may, in the discretion of the court and upon the written promise of the parent, guardian, or custodian to bring the minor before the court at a time specified by the court, be released to the care and custody of the parent, guardian, or custodian. The minor, if not released, shall be detained as provided by AS 47.12.240. The court may determine whether the father or mother or another person shall have the custody and control of the minor for the duration of the proceedings. If the minor is of sufficient age and intelligence to state desires, the court shall give consideration to the minor's desires.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 12. Delinquent Minors › Article 1. Juvenile Delinquency. › Sec. 47.12.090. Appointment of attorney or guardian ad litem.

(a) In all proceedings initiated under a petition for delinquency, a minor shall have the right to be represented by counsel and, if indigent, have counsel appointed by the court. The court shall appoint counsel in such cases unless it makes a finding on the record that the minor has made a voluntary, knowing, and intelligent waiver of the right to counsel and a parent or guardian with whom the minor resides or resided before the filing of the petition concurs with the waiver. In cases in which it has been alleged that the minor has committed an act that would be a felony if committed by an adult, waiver of counsel may not be accepted unless the court is satisfied that the minor has consulted with an attorney before the waiver of counsel.
(b) Whenever in the course of proceedings instituted under this chapter it appears to the court that the welfare of a minor will be promoted by the appointment of an attorney to represent the minor or an attorney or other person to serve as guardian ad litem, the court may make the appointment. Appointment of a guardian ad litem or attorney shall be made under the terms of AS 25.24.310.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 12. Delinquent Minors › Article 1. Juvenile Delinquency. › Sec. 47.12.100. Waiver of jurisdiction.

(a) If the court finds at a hearing on a petition that there is probable cause for believing that a minor is delinquent and finds that the minor is not amenable to treatment under this chapter, it shall order the case closed. Subject to the provisions of AS 47.12.105, after a case is closed under this subsection, the minor may be charged, held, transported, released on bail, prosecuted, sentenced, and incarcerated in the same manner as an adult.
(b) A minor is unamenable to treatment under this chapter if the minor probably cannot be rehabilitated by treatment under this chapter before reaching 20 years of age. In determining whether a minor is unamenable to treatment, the court may consider the seriousness of the offense the minor is alleged to have committed, the minor's history of delinquency, the probable cause of the minor's delinquent behavior, and the facilities available to the department for treating the minor.
(c) For purposes of making a determination under this section,
(1) the standard of proof is by a preponderance of the evidence; and
(2) the burden of proof that a minor is not amenable to treatment under this chapter is on the state; however, if the petition filed under AS 47.12.040 seeking to have the court declare a minor a delinquent is based on the minor's alleged commission of an offense that is an unclassified felony or class A felony and that is a crime against a person, the minor
(A) is rebuttably presumed not to be amenable to treatment under this chapter; and
(B) has the burden of proof of showing that the minor is amenable to treatment under this chapter.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 12. Delinquent Minors › Article 1. Juvenile Delinquency. › Sec. 47.12.105. Detention of minors waived into adult court.

(a) Except as provided in AS 47.12.240, the department, by agreement with the Department of Corrections, shall detain and care for waived minors. The department shall transfer a waived minor to a facility operated by the Department of Corrections when the waived minor reaches 18 years of age.
(b) Except as provided in (c) of this section, a waived minor held in an adult correctional facility for more than four hours to attend court proceedings must be separated by sight and sound from adult offenders.
(c) If there is not an available juvenile detention facility in a community where a trial is being held or if a juvenile facility is inappropriate for a waived minor, the department may request that the court order, in the interest of justice, that a waived minor be held in an adult correctional facility with or without sight and sound separation from adult offenders. In making this decision, the court shall consider
(1) the age of the waived minor;
(2) the physical and mental maturity of the waived minor;
(3) the present mental state of the waived minor, including whether the waived minor presents an imminent risk of harm to self;
(4) the nature and circumstances of the alleged offense;
(5) the waived minor's history of prior delinquent acts;
(6) the relative ability of an available adult or juvenile detention facility to meet the specific needs of the waived minor and protect the safety of the public and other detained minors; and
(7) other relevant factors.
(d) If a court determines under (c) of this section that it is in the interest of justice to permit a waived minor to be held in an adult correctional facility,
(1) the department shall request a hearing not less than once every 30 days to review the determination that the waived minor may be held under the ordered circumstances;
(2) the waived minor may not be held in an adult correctional facility, or permitted to have sight or sound contact with adult offenders, for more than 180 days, unless the court determines in writing that there is good cause for an extension or the waived minor expressly waives this limitation.
(e) A waived minor detained under (a) of this section shall be detained in a secure juvenile facility and receive credit, including a good time deduction under AS 33.20.010, for time spent in a department facility pending trial, sentencing, or appeal, if the detention is in connection with an offense for which a sentence is imposed.
(f) A waived minor who is detained in an adult correctional facility under (c) of this section is entitled to counsel at a review hearing held under (d) of this section.
(g) In this section, “waived minor” means an individual who commits an offense while under the age of 18 and is waived into adult court under AS 47.12.030 or 47.12.100.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 12. Delinquent Minors › Article 1. Juvenile Delinquency. › Sec. 47.12.130. Predisposition hearing reports.

(a) Before the disposition hearing of a delinquent minor, the department shall submit a predisposition report with a recommended plan of treatment to aid the court in its selection of a disposition, a victim impact statement reporting the information set out in AS 12.55.022, and any further information that the court may request. In preparing the predisposition report, the department shall contact the victim of the minor's offense.
(b) The court shall inform the minor, the minor's parents, and the attorneys representing the parties and the guardian ad litem that the predisposition report will be available to them not less than 10 days before the disposition hearing.
(c) [Repealed, § 6 ch 23 SLA 2002.]
(d) In this section, “parents” means the natural or adoptive parents, and any legal guardian, relative, or other adult person with whom the minor has resided and who has acted as a parent in providing for the minor for a continuous period of time before this action.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 12. Delinquent Minors › Article 1. Juvenile Delinquency. › Sec. 47.12.140. Court dispositional order.

In making its dispositional order under AS 47.12.120(b)(1) - (3) and (5) and (j), the court shall
(1) consider both the best interests of the minor and the interests of the public, and, in doing so, the court shall take into account
(A) the seriousness of the minor's delinquent act and the attitude of the minor and the minor's parents toward that act;
(B) the minor's culpability as indicated by the circumstances of the particular case;
(C) the age of the minor;
(D) the minor's prior criminal or juvenile record and the success or failure of any previous orders, dispositions, or placements imposed on the minor;
(E) the effect of the dispositional order to be imposed in deterring the minor from committing other delinquent acts;
(F) the need to commit the minor to the department's custody or to detain the minor in a juvenile treatment facility, juvenile detention facility, secure residential psychiatric treatment center, or other suitable place in order to prevent further harm to the public;
(G) the interest of the public in securing the minor's rehabilitation; and
(H) the ability of the state to take custody of and to care for the minor; and
(2) order the least restrictive alternative disposition for the minor; for purposes of this paragraph, the “least restrictive alternative disposition” means that disposition that is no more restrictive than is, in the judgment of the court, most conducive to the minor's rehabilitation taking into consideration the interests of the public.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 12. Delinquent Minors › Article 1. Juvenile Delinquency. › Sec. 47.12.150. Legal custody, guardianship, and residual parental rights and responsibilities.

(a) When a minor is committed to the department under AS 47.12.120(b)(1) or (3) or 47.12.240, detained by the department on behalf of the Department of Corrections under AS 33.30.011 and AS 47.12.105, 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 state 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.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 12. Delinquent Minors › Article 1. Juvenile Delinquency. › Sec. 47.12.155. Parental or guardian accountability and participation.

(a) The parent or guardian of a minor who is alleged to be a delinquent under AS 47.12.020 or found to be a delinquent under AS 47.12.120 shall attend each hearing held during the delinquency proceedings unless the court excuses the parent or guardian from attendance for good cause.
(b) If a minor is found to be a delinquent under AS 47.12.120, the court may order that the minor's parent or guardian
(1) personally participate in treatment reasonably available in the parent's or guardian's location as specified in a plan set out in the court order;
(2) notify the department if the minor violates a term or condition of the court order; and
(3) comply with any other conditions set out in the court order, including a condition in an order requiring a parent to pay restitution ordered on behalf of a victim of a delinquent act.
(c) If a court orders a minor's parent or guardian to participate in treatment under (b) of this section, the court also shall order the parent or guardian to use any available insurance or another resource to cover the treatment, or to pay for the treatment if other coverage is unavailable. If the court determines that the parent or guardian is unable to pay for the treatment due to indigence and the department pays for the treatment, the department may seek reimbursement only from the indigent parent's or guardian's permanent fund dividend.
(d) The permanent fund dividend of an indigent parent or guardian participating in treatment ordered under (b) of this section may be taken under AS 43.23.140(b)(6) and 43.23.150 to satisfy the balance due on a reimbursement claim by the department under (c) of this section.
(e) If a parent or guardian fails to attend a hearing as required in (a) of this section, the court shall hold the hearing without the attendance of the parent or guardian.
2023 Alaska Statutes › Title 47. Welfare, Social Services, and Institutions › Chapter 12. Delinquent Minors › Article 1. Juvenile Delinquency. › Sec. 47.12.180. Effect of adjudication.

(a) Except as provided by AS 47.12.160(d) and (e) and AS 47.12.170, an adjudication under this chapter upon the status of a minor
(1) may not operate to impose any of the civil disabilities ordinarily imposed by conviction upon a criminal charge;
(2) does not operate to permit a minor afterward to be considered a criminal by the adjudication; and
(3) does not operate to permit the adjudication to be afterward considered a conviction, nor may a minor be charged with or convicted of a crime in a court except as provided in this chapter.
(b) The commitment and placement of a minor and evidence given in the court are not admissible as evidence against the minor in a subsequent case or proceedings in any other court, nor does the commitment and placement or evidence operate to disqualify a minor in a future civil service examination or appointment in the state.