Alaska Adop. R. 13

As amended through December 18, 2024

Rule 13 - Decree of Termination

(a)Voluntary Relinquishment. A decree terminating parental rights may be entered after a voluntary relinquishment pursuant to AS 25.23.180 or AS 47.10.089. The court shall enter findings of fact which must include a statement concerning whether visitation rights are being allowed under AS 25.23.130(c) or other privileges are being retained under AS 25.23.180 or AS 47.10.089, and whether the time limit for withdrawal of the relinquishment has elapsed. If the relinquishment was signed in the presence of the court, findings also must be entered as to whether the parent understood the consequences of the relinquishment, and whether the relinquishment was voluntarily signed.

In the case of a voluntary relinquishment of parental rights to an Indian child, the court shall make additional findings concerning whether any notice required by Rule 10(e) was timely given; whether the relinquishment was voluntary and in compliance with the requirements of 25 U.S.C. Section 1913; and whether the child's placement complies with the preferences set out in 25 U.S.C. Section 1915 or good cause exists for deviation from the placement preference.

(b)Involuntary Termination of Parental Rights. Proceedings for the involuntary termination of parental rights in conjunction with adoption proceedings must comply with CINA Rule 18, except as otherwise provided by AS 25.23.180(c)(1)(B) and (2). 25 U.S.C. Section 1912 also applies to all involuntary termination proceedings involving an Indian child.

Alaska Adop. R. 13

SCO 972 effective 1/15/1990; amended by SCO 1276 effective 7/15/1997; and by SCO 1580 effective nunc pro tunc to7/1/2005; amended by SCO 1979 effective 2/2/2022.

Chapter 64, section 58, SLA 2005 (HB 53) amended Adoption Rule 13 as reflected in section 11 of this Order. The change to Adoption Rule 13 is adopted for the sole reason that the legislature has mandated the amendment. In addition, according to section 60(b) of the Act, AS 25.23.180(j) - (n) and AS 47.10.089, enacted in sections 4 and 17, amend Adoption Rule 13 by requiring retained privileges to be set out in the relinquishment form and order and by providing additional procedures related to the relinquishment. According to section 60(c) of the Act, AS 25.23.180(k) - (n) and AS 47.10.089(g), (h), and (j), enacted in sections 4 and 17, amend Adoption Rule 13 by authorizing review hearings for voluntary relinquishments.