(a) After a petition is filed and after further investigation that the court directs, if the person having custody or control of the minor has not appeared voluntarily, the court shall issue a summons that

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Terms Used In Alaska Statutes 47.10.030

  • action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
  • 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
  • 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
  • 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
  • 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
  • Service of process: The service of writs or summonses to the appropriate party.
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(1) recites briefly the substance of the petition;
(2) clearly states that at the hearing it is possible that parental rights and responsibilities may be terminated forever and that the minor may at the hearing be committed to the department for possible adoption; and
(3) directs the person having custody or control of the minor to appear personally in court with the minor at the place and at the time set forth in the summons.
(b) In all cases under this chapter, the child, each parent, the tribe, foster parent or other out-of-home care provider, guardian, and guardian ad litem of the child and, subject to (d) and (e) of this section, each grandparent of the child shall be given notice adequate to give actual notice of the proceedings and the possibility of termination of parental rights and responsibilities, taking into account education and language differences that are known or reasonably ascertainable by the petitioner or the department. The notice of the hearing must contain all names by which the child has been identified. Notice shall be given in the manner appropriate under rules of civil procedure for the service of process in a civil action under Alaska law or in any manner the court by order directs. Proof of the giving of the notice shall be filed with the court before the petition is heard. The court may also subpoena the parent of the child, or any other person whose testimony may be necessary at the hearing. A subpoena or other process may be served by a person authorized by law to make the service, and, where personal service cannot be made, the court may direct that service of process be in a manner appropriate under rules of civil procedure for the service of process in a civil action under Alaska law or in any manner the court directs.
(c) If the minor is in such condition or surroundings that the minor’s welfare requires the immediate assumption of custody by the court, the court may order, by endorsement upon the summons, that the officer serving the summons shall at once take the minor into custody and make the temporary placement of the minor that the court directs.
(d) Except as provided in (e) of this section, the department shall give advance written notice of all court hearings in a child’s case to a grandparent of the child if

(1) the grandparent has contacted the department, provided evidence acceptable to the department of being the child’s grandparent, requested notice about the hearings in the child’s case, and provided the department with a current mailing address; or
(2) the department is aware that the child has a grandparent and the grandparent’s mailing address is on file with the department.
(e) Notwithstanding (d) of this section, the department is not required to give advance notice to a grandparent about hearings in a child’s case if the grandparent

(1) has been convicted of a crime in which the child was the victim; or
(2) is prohibited by a court order from having contact with the child.
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