(a) Except as provided under Alaska Stat. § 13.26.137(b)(2) and Alaska Stat. § 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

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Terms Used In Alaska Statutes 47.10.111

  • 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
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • guardian: means a natural person who is legally appointed guardian of the child by the court. 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) for adoption that meets the requirements of Alaska Stat. § 25.23.080; or
(2) to be appointed legal guardian that meets the requirements of Alaska Stat. § 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 Alaska Stat. § 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 Alaska Stat. § 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 Alaska Stat. § 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 Alaska Stat. § 25.23.060, who has relinquished parental rights under Alaska Stat. § 47.10.089, or whose parental rights have been terminated under Alaska Stat. § 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 Alaska Stat. Chapter 25.23 apply to a petition for adoption filed under this section, and the requirements of Alaska Stat. § 13.26.101–13.26.186 apply to a petition for legal guardianship filed under this section.
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