(a) Notwithstanding any other provision of law, the following special provisions apply to a person who is subject to the jurisdiction of this chapter due solely to Alaska Stat. § 47.12.020 (b):

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Terms Used In Alaska Statutes 47.12.025

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Arrest: Taking physical custody of a person by lawful authority.
  • court: means the superior court of the state. See Alaska Statutes 47.12.990
  • department: means the Department of Family and Community Services. See Alaska Statutes 47.12.990
  • 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.
  • 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.
  • juvenile detention facility: means a secure facility for the detention of delinquent minors in the custody of the department under Alaska Stat. See Alaska Statutes 47.12.990
  • juvenile probation officer: means an officer described in Alaska Stat. See Alaska Statutes 47.12.990
  • juvenile treatment facility: means a secure facility for treatment of minors adjudicated delinquent and committed by a court to the care and custody of the department under Alaska Stat. See Alaska Statutes 47.12.990
  • peace officer: has the meaning given in Alaska Stat. See Alaska Statutes 47.12.990
  • 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
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • 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
  • Summons: Another word for subpoena used by the criminal justice system.
  • temporary secure juvenile holding area: means separate quarters that are used for the temporary detention of delinquent minors pending a court order or transportation to a juvenile detention facility and that are not within sight or sound of any adult prisoners. See Alaska Statutes 47.12.990
(1) a petition filed under Alaska Stat. § 47.12.040 (b) must be styled as follows: “In the matter of …………………, a person under the jurisdiction of this chapter under Alaska Stat. § 47.12.020 (b)“; the petition may not state the name of a parent, guardian, or other person;
(2) notice of an investigation, adjustment, hearing, or other procedure under this chapter to a parent, guardian, or foster parent is not required;
(3) participation by a parent, guardian, or foster parent in any part of the investigation, adjustment, hearing, or other procedure under this chapter is not required;
(4) agreement or consent by a parent or guardian to the terms and conditions of an informal adjustment under Alaska Stat. § 47.12.060 is not required;
(5) an opportunity for a foster parent to be heard before informal adjustment under Alaska Stat. § 47.12.060 is not required;
(6) the presence of a parent or guardian is not required, and the person does not have a right to have a parent or guardian present, at an interview conducted during an investigation under this chapter;
(7) after a petition is filed and after further investigation that the court directs, if the person has not appeared voluntarily for proceedings under this chapter, the court may issue a summons or an arrest warrant for the person;
(8) a person who is taken into custody under this chapter may, in the discretion of the court and upon written promise to appear in court at the time specified by the court, be released; if not released, the person shall be detained under the provisions of (b) of this section;
(9) consent of a parent or guardian to waiver of the right to appointed counsel or a guardian ad litem under Alaska Stat. § 47.12.090 is not required;
(10) the appointment of a guardian ad litem under Alaska Stat. § 47.12.090 is not required; the court may appoint a guardian ad litem under Alaska Stat. § 47.12.090 only if special circumstances exist concerning the mental or physical capacity of the person who is named in the petition under (1) of this subsection;
(11) an order under Alaska Stat. § 47.12.120 (b) to release the person to a parent, guardian, or other person must be with the consent of the parent, guardian, or other person; a parent, guardian, or other person who consents does not assume any of the responsibilities described in Alaska Stat. § 47.12.150 or retain any residual rights or responsibilities described in Alaska Stat. § 47.12.150;
(12) a person released under Alaska Stat. § 47.12.120 (c) shall be released without conditions;
(13) a parent, guardian, or custodian may not apply for a review under Alaska Stat. § 47.12.120 (d); notice to a parent, guardian, custodian, or foster parent of a review under Alaska Stat. § 47.12.120 (a) is not required; a parent, guardian, custodian, or foster parent does not have a right to be heard at the review under Alaska Stat. § 47.12.120 (d);
(14) the person’s parent or guardian may not file an appeal under Alaska Stat. § 47.12.120 (f);
(15) notice of the predisposition report under Alaska Stat. § 47.12.130 (b) to the person’s parent or guardian is not required;
(16) unless part of a conditional release plan agreed to by a parent or guardian, a parent or guardian of the person may not be ordered to participate in or pay for treatment under Alaska Stat. § 47.12.155 (b)(1), (c), or (d) or to notify the department if the person violates a term or condition of a court order under Alaska Stat. § 47.12.155 (b)(2);
(17) an application to extend jurisdiction under Alaska Stat. § 47.12.160 (a) may not be made by a parent or guardian;
(18) the court may not order the parent of the person to pay for maintenance or care of the person under Alaska Stat. § 47.12.230;
(19) the name of a parent or guardian of the person is not required to be disclosed in connection with the filing of a petition or informal adjustment under Alaska Stat. § 47.12.315.
(b) At a hearing under Alaska Stat. § 47.12.250 (c) regarding a person who is subject to the jurisdiction of this chapter due solely to Alaska Stat. § 47.12.020 (b), if the court finds that probable cause exists, the court shall determine whether the person should be detained pending the hearing on the petition or released. The court may either order the person detained as provided in (c) of this section or released under the provisions of Alaska Stat. Chapter 12.30 as if the provisions of Alaska Stat. Chapter 12.30 were to apply to proceedings under this chapter. If the court finds no probable cause, the court shall order the person released and close the proceeding.
(c) If a person who is subject to the jurisdiction of this chapter due solely to Alaska Stat. § 47.12.020 (b) has been arrested by a peace officer or a juvenile probation officer under Alaska Stat. § 47.12.245, detained under Alaska Stat. § 47.12.250, or committed to the custody or supervision of the department under Alaska Stat. § 47.12.120 (b) or 47.12.240, the department, after consulting the peace officer or juvenile probation officer if appropriate, shall make arrangements for the detention, placement, or supervision of the person. In the discretion of the department, the person may be detained or placed in a juvenile detention facility, juvenile treatment facility, temporary secure juvenile holding area, or adult correctional facility.
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