Alaska Statutes 47.10.112 – Proxy for a formal petition for adoption or legal guardianship

(a) A person seeking the immediate permanent placement of a child in state custody under this chapter may file a proxy for a formal petition for adoption or legal guardianship of the child. The court shall hear proceedings related to the proxy as part of the child-in-need-of-aid proceedings relating to the child. In the case of an Indian child, a proxy for a formal petition for

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Terms Used In Alaska Statutes 47.10.112

child: means a person who is
(A) under 18 years of age. See Alaska Statutes 47.10.990
court: means the superior court of the state. See Alaska Statutes 47.10.990
department: means the Department of Family and Community Services. See Alaska Statutes 47.10.990
family member: means a person of any age who is
(A) related to the child as the child's grandparent, aunt, uncle, or sibling. See Alaska Statutes 47.10.990
Indian child: has the meaning given in 25 U. See Alaska Statutes 47.10.990
parent: means the biological or adoptive parent of the child. See Alaska Statutes 47.10.990
person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060

(1) adoption preserves the placement preferences of 25 U.S.C. § 1915(a) with respect to the person who files the proxy; and

(2) legal guardianship preserves the placement preferences of 25 U.S.C. § 1915(b) with respect to the person who files the proxy.

(b) A proxy filed under this section does not initiate proceedings for adoption or legal guardianship. A person seeking to adopt a child in state custody must file a petition for adoption as required under Alaska Stat. Chapter 25.23. A person seeking to be appointed legal guardian of a child in state custody must file a petition for appointment as required under Alaska Stat. § 13.26.101 – 13.26.186.

(c) If a person files a proxy for a formal 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 proxy at the time the person files the proxy, the department shall, not more than 60 days after the proxy is filed, submit a permanent plan to the court. The court shall hold a hearing to review the permanent plan for the child under Alaska Stat. § 47.10.080(l) not more than 90 days after the proxy is filed.

(d) A person who files a proxy for a formal 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 proxy for a formal petition for adoption or legal guardianship may only participate in proceedings under this chapter that concern the person’s proxy.

(e) A person who files a proxy for a formal petition for adoption or legal guardianship of a child is not entitled to the appointment of a lawyer at public expense.

(f) A person who receives a proxy for a formal petition for adoption or legal guardianship shall file the proxy with the court.

(g) The department may adopt regulations to implement this section.

(h) In this section,

(1) “extended family member”

(A) means a person who is at least 18 years of age and who is the child’s grandparent, aunt, uncle, sibling, brother-in-law, sister-in-law, niece, nephew, first or second cousin, or stepparent; or

(B) in the case of an Indian child, has the meaning given in 25 U.S.C. § 1903;

(2) “proxy for a formal petition” or “proxy” means

(A) a request by a person who is interested in immediate permanent placement and adoption or legal guardianship of a child, and is an extended family member, member of an Indian child’s tribe, or other Indian family member, made at any court hearing or conveyed to the department by telephone, mail, facsimile, electronic mail, or in person;

(B) in the case of an Indian child, a request made to the department on behalf of a person described in (A) of this paragraph by

(i) the Indian child’s biological parent, individually or through counsel; or

(ii) the Indian child’s tribe, a tribe in which the Indian child is eligible for enrollment, or a tribe in which the Indian child’s biological parent is a member; or

(C) a proxy for a formal petition, as established by the department by regulation.

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