Sec. 47.10.020. Investigation and petition.

399 words·~2 min read·/ak/title-47/chapter-10/47-10-020

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Whenever circumstances subject a child to the jurisdiction of the court under AS 47.10.005 — 47.10.142, the court shall appoint a competent person or agency to make a preliminary inquiry and report for the information of the court to determine whether the best interests of the child require that further action be taken. The court shall make the appointment on its own motion or at the request of a person or agency having knowledge of the child's circumstances. If, under this subsection, the court appoints a person or agency to make a preliminary inquiry and to report to it, or if the department is conducting an investigation of a report of child abuse or neglect, the court may issue any orders necessary to aid the person, the agency, or the department in its investigation or in making the preliminary inquiry and report. Upon receipt of the report under this subsection, the court may

(1)close the matter without a court hearing;

(2)determine whether the best interests of the child require that further action be taken; or

(3)authorize the person or agency having knowledge of the facts of the case to file with the court a petition setting out the facts.

(b)The petition and all subsequent pleadings shall be styled as follows: “In the matter of ........................, a child under 18 years of age.” The petition may be executed upon the petitioner's information and belief and must be verified. It must include the following information:

(1)the name, address, and occupation of the petitioner, together with the petitioner's relationship to the child, and the petitioner's interest in the matter;

(2)the name, age, and address of the child;

(3)a brief statement of the facts that bring the child within this chapter;

(4)the names and addresses of the child's parents;

(5)the tribal affiliation, if known, of the child;

(6)the name and address of the child's guardian or of the person having control or custody of the child.

(c)If the petitioner does not know a fact required in this section, the petitioner shall so state in the petition.

(d)[Repealed, § 55 ch 59 SLA 1996.]

(e)Nothing in this section requires the department to obtain authorization from the court before

(1)conducting an investigation of a report of child abuse or neglect; or

(2)filing a petition.