Subject to Alaska Stat. § 47.10.019, the court may find a child to be a child in need of aid if it finds by a preponderance of the evidence that the child has been subjected to any of the following:

(1) a parent or guardian has abandoned the child as described in Alaska Stat. § 47.10.013, and the other parent is absent or has committed conduct or created conditions that cause the child to be a child in need of aid under this chapter;

Terms Used In Alaska Statutes 47.10.011

  • care: means to provide for the physical, mental, and social needs of the child. See Alaska Statutes 47.10.990
  • child: means a person who is
    (A) under 18 years of age. See Alaska Statutes 47.10.990
  • child in need of aid: means a child found to be within the jurisdiction of the court under Alaska Stat. See Alaska Statutes 47.10.990
  • court: means the superior court of the state. See Alaska Statutes 47.10.990
  • custodian: means a natural person 18 years of age or older to whom a parent or guardian has transferred temporary physical care, custody, and control of the child for a period of time. See Alaska Statutes 47.10.990
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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
  • intoxicant: means a substance that temporarily diminishes a person's control over mental or physical powers, including alcohol, controlled substances under Alaska Stat. See Alaska Statutes 47.10.990
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • mental illness: has the meaning given in Alaska Stat. See Alaska Statutes 47.10.990
  • mental injury: has the meaning given in Alaska Stat. 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
  • sexual abuse: means the conduct described in Alaska Stat. See Alaska Statutes 47.10.990
  • support: has the meaning given in Alaska Stat. See Alaska Statutes 47.10.990
(2) a parent, guardian, or custodian is incarcerated, the other parent is absent or has committed conduct or created conditions that cause the child to be a child in need of aid under this chapter, and the incarcerated parent has not made adequate arrangements for the child;
(3) a custodian with whom the child has been left is unwilling or unable to provide care, supervision, or support for the child, and the whereabouts of the parent or guardian is unknown;
(4) the child is in need of medical treatment to cure, alleviate, or prevent substantial physical harm or is in need of treatment for mental injury and the child’s parent, guardian, or custodian has knowingly failed to provide the treatment;
(5) the child is habitually absent from home or refuses to accept available care and the child’s conduct places the child at substantial risk of physical or mental injury;
(6) the child has suffered substantial physical harm, or there is a substantial risk that the child will suffer substantial physical harm, as a result of conduct by or conditions created by the child’s parent, guardian, or custodian or by the failure of the parent, guardian, or custodian to supervise the child adequately;
(7) the child has suffered sexual abuse, or there is a substantial risk that the child will suffer sexual abuse, as a result of conduct by or conditions created by the child’s parent, guardian, or custodian or by the failure of the parent, guardian, or custodian to adequately supervise the child; if a parent, guardian, or custodian has actual notice that a person has been convicted of a sex offense against a minor within the past 15 years, is registered or required to register as a sex offender under Alaska Stat. Chapter 12.63, or is under investigation for a sex offense against a minor, and the parent, guardian, or custodian subsequently allows a child to be left with that person, this conduct constitutes prima facie evidence that the child is at substantial risk of being sexually abused;
(8) conduct by or conditions created by the parent, guardian, or custodian have

(A) resulted in mental injury to the child; or
(B) placed the child at substantial risk of mental injury as a result of

(i) a pattern of rejecting, terrorizing, ignoring, isolating, or corrupting behavior that would, if continued, result in mental injury; or
(ii) exposure to conduct by a household member, as defined in Alaska Stat. § 18.66.990, against another household member that is a crime under Alaska Stat. § 11.41.100 – 11.41.220, 11.41.230(a)(1)or(2), or 11.41.410 – 11.41.432, an offense under a law or ordinance of another jurisdiction having elements similar to a crime under Alaska Stat. § 11.41.100 – 11.41.220, 11.41.230(a)(1)or(2), or 11.41.410 – 11.41.432, an attempt to commit an offense that is a crime under Alaska Stat. § 11.41.100 – 11.41.220 or 11.41.410 – 11.41.432, or an attempt to commit an offense under a law or ordinance of another jurisdiction having elements similar to a crime under Alaska Stat. § 11.41.100 – 11.41.220 or 11.41.410 – 11.41.432; or
(iii) repeated exposure to conduct by a household member, as defined in Alaska Stat. § 18.66.990, against another household member that is a crime under Alaska Stat. § 11.41.230(a)(3) or 11.41.250 – 11.41.270 or an offense under a law or ordinance of another jurisdiction having elements similar to a crime under Alaska Stat. § 11.41.230(a)(3) or 11.41.250 – 11.41.270;
(9) conduct by or conditions created by the parent, guardian, or custodian have subjected the child or another child in the same household to neglect;
(10) the parent, guardian, or custodian’s ability to parent has been substantially impaired by the addictive or habitual use of an intoxicant, and the addictive or habitual use of the intoxicant has resulted in a substantial risk of harm to the child; if a court has previously found that a child is a child in need of aid under this paragraph, the resumption of use of an intoxicant by a parent, guardian, or custodian within one year after rehabilitation is prima facie evidence that the ability to parent is substantially impaired and the addictive or habitual use of the intoxicant has resulted in a substantial risk of harm to the child as described in this paragraph;
(11) the parent, guardian, or custodian has a mental illness, serious emotional disturbance, or mental deficiency of a nature and duration that places the child at substantial risk of physical harm or mental injury;
(12) the child has committed an illegal act as a result of pressure, guidance, or approval from the child’s parent, guardian, or custodian.
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