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Difference between revisions of "Alaska"
(Created page with "=Adoption Laws= ==Consent to Adoption== '''Who Must Consent to an Adoption''' '''Citation: Alaska Stat. § 25.23.040''' A petition to adopt a minor may be granted only if w...") |
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==Criminal Background Checks for Prospective Foster and Adoptive Parents== | ==Criminal Background Checks for Prospective Foster and Adoptive Parents== | ||
| + | '''Requirements for Foster Parents''' | ||
| + | |||
| + | '''Alaska Stat. § 47.14.100(j); Admin. Code Tit. 7, §§ 56.070; 56.210''' | ||
| + | |||
| + | The applicant must request a criminal history check, or provide proof of a valid fingerprint-based criminal history check, for each individual to be associated with the applicant. This requirement applies to all individuals age 16 or older who are not recipients of services and who wish to reside with the applicant. This requirement applies to each individual who, on or before April 10, 2007: | ||
| + | *Does not have a valid criminal history check | ||
| + | *Passed a criminal history check conducted before February 9, 2007, that was not fingerprint-based or was fingerprint-based and conducted more than 6 years before February 9, 2007 | ||
| + | |||
| + | An application for licensure will not be approved if: | ||
| + | *The applicant’s name appears on the centralized registry. | ||
| + | *The applicant has a physical health problem or behavioral health problem that poses a significant risk to the health, safety, or well-being of children. | ||
| + | *The applicant was the subject of prior adverse licensing action. | ||
| + | *The individual has been convicted of any of the barrier crimes listed in 7 AAC 10.905. | ||
| + | |||
| + | In addition to the criminal history check, the department will review its child protection records and previous licensing records with respect to the applicant. | ||
| + | |||
| + | For the purpose of determining whether the home of a relative meets the requirements for placement of a child, the department shall conduct a criminal background check from State and national criminal justice information available under ch. 12.62. The department may conduct a fingerprint background check on any member of the relative’s | ||
| + | household who is age 16 or older when the relative requests placement of the child. | ||
| + | |||
| + | '''Requirements for Adoptive Parents''' | ||
| + | ''' | ||
| + | Admin. Code Tit. 7, §§ 56.660; 56.210(b)''' | ||
| + | |||
| + | ''This issue is not addressed in statute. The following information is from the Alaska Administrative Code.'' | ||
| + | |||
| + | An agency shall conduct a home study for all applicants in the family being considered as an adoptive or guardianship home by the agency. The agency shall obtain the results of a check for a history of abuse, violence, or criminal background for all adults living in the home, and an evaluation shall be made of the suitability of the home in light of any finding of such history. | ||
| + | |||
| + | Except when placing a child under emergency conditions, an adoption or guardianship home may not be approved if a person in the prospective adoption or guardianship home has a disqualification described in 7 AAC 56.210(b). An individual may be disqualified if: | ||
| + | *The individual’s name appears on the centralized registry of child abuse and neglect. | ||
| + | *The individual has a physical health problem or behavioral health problem that poses a significant risk to the health, safety, or well-being of children. | ||
| + | *The individual was the subject of prior adverse licensing action. | ||
| + | |||
| + | The agency shall review the Alaska Sexual Offender Registry before placement of a child and shall make a check of local court records before placement or on the first day that the court is open following the placement of a child. | ||
| + | |||
| + | An agency shall request a State and Federal report of criminal history record information for each adult member of an applicant’s household. The individual may be disqualified if he or she has been convicted of a barrier crime, as described in 7 AAC 10.905. | ||
==Grounds for Involuntary Termination of Parental Rights== | ==Grounds for Involuntary Termination of Parental Rights== | ||
Revision as of 08:39, 29 January 2014
Contents
- 1 Adoption Laws
- 1.1 Consent to Adoption
- 1.2 Criminal Background Checks for Prospective Foster and Adoptive Parents
- 1.3 Grounds for Involuntary Termination of Parental Rights
- 1.4 Home Study Requirements for Prospective Parents in Domestic Adoption
- 1.5 Infant Safe Haven Laws
- 1.6 Regulation of Private Domestic Adoption Expenses
- 1.7 The Rights of Unmarried Fathers
- 1.8 Use of Advertising and Facilitators in Adoptive Placements
- 1.9 Who May Adopt, Be Adopted, or Place a Child for Adoption?
- 2 Post-Adoption Laws
Adoption Laws
Consent to Adoption
Who Must Consent to an Adoption
Citation: Alaska Stat. § 25.23.040
A petition to adopt a minor may be granted only if written consent to a particular adoption has been executed by:
- The mother of the minor
- The father of the minor if the father was married to the mother at the time the minor was conceived or at any time after conception, the minor is the father’s child by adoption, or the father has otherwise legitimated the minor
- Any person lawfully entitled to custody of the minor or empowered to consent
- The court having jurisdiction to determine custody of the minor if the legal guardian or custodian of the person of the minor is not empowered to consent to the adoption
- The spouse of the minor to be adopted
Consent of Child Being Adopted
Citation: Alaska Stat. § 25.23.040
A child age 10 or older must consent to the adoption unless, in the child’s best interests, the court dispenses with consent.
When Parental Consent Is Not Needed
Citation: Alaska Stat. § 25.23.050
Consent to adoption is not required of:
- A parent who has abandoned a child for a period of at least 6 months
- A parent of a child in the custody of another if the parent, for a period of at least 1 year, has failed significantly without justifiable cause, including but not limited to indigence:
- To communicate meaningfully with the child
- To provide for the care and support of the child as required by law or judicial decree
- The father if the father’s consent is not required by § 25.23.040(a)(2)
- A parent who has relinquished the right to consent
- A parent whose parental rights have been terminated by order of the court
- A parent judicially declared incompetent or mentally defective if the court dispenses with the parent’s consent
- A parent of the adopted person if the adopted person is age 18 or older
- A guardian or custodian who has failed to respond in writing to a request for consent for a period of 60 days or who, after examination of the guardian’s or custodian’s written reasons for withholding consent, is found by the court to be withholding consent unreasonably
- The spouse of the adopted person if the requirement of consent to the adoption is waived by the court by reason of prolonged unexplained absence, unavailability, incapacity, or circumstances constituting an unreasonable withholding of consent
When Consent Can Be Executed
Citation: Alaska Stat. § 25.23.060
The required consent to adoption shall be executed at any time after the birth of the child.
How Consent Must Be Executed
Citation: Alaska Stat. § 25.23.060
The required consent to adoption shall be executed in the presence of the court or a person authorized to take acknowledgments. The consent is not valid unless the consent form states that the person consenting to the adoption has the right to withdraw that consent as provided in § 25.23.070(b) and unless the person consenting to the adoption acknowledges receipt of a copy of the consent form.
The person giving consent shall state in the consent form whether the child is a member of an Indian Tribe or the biological child of a member of an Indian Tribe, so that the court may determine whether the provisions of the Indian Child Welfare Act of 1978 apply.
Revocation of Consent
Citation: Alaska Stat. § 25.23.070
A consent to adoption may not be withdrawn after the entry of a decree of adoption.
A consent to adoption may be withdrawn before the entry of a decree of adoption, within 10 days after the consent is given, by delivering written notice to the person obtaining the consent. Consent may be withdrawn after the 10-day period if the court finds, after notice and opportunity to be heard is afforded to the petitioner, the person seeking the withdrawal, and the agency placing the child for adoption, that the withdrawal is in the best interests of the person to be adopted, and the court orders the withdrawal.
Criminal Background Checks for Prospective Foster and Adoptive Parents
Requirements for Foster Parents
Alaska Stat. § 47.14.100(j); Admin. Code Tit. 7, §§ 56.070; 56.210
The applicant must request a criminal history check, or provide proof of a valid fingerprint-based criminal history check, for each individual to be associated with the applicant. This requirement applies to all individuals age 16 or older who are not recipients of services and who wish to reside with the applicant. This requirement applies to each individual who, on or before April 10, 2007:
- Does not have a valid criminal history check
- Passed a criminal history check conducted before February 9, 2007, that was not fingerprint-based or was fingerprint-based and conducted more than 6 years before February 9, 2007
An application for licensure will not be approved if:
- The applicant’s name appears on the centralized registry.
- The applicant has a physical health problem or behavioral health problem that poses a significant risk to the health, safety, or well-being of children.
- The applicant was the subject of prior adverse licensing action.
- The individual has been convicted of any of the barrier crimes listed in 7 AAC 10.905.
In addition to the criminal history check, the department will review its child protection records and previous licensing records with respect to the applicant.
For the purpose of determining whether the home of a relative meets the requirements for placement of a child, the department shall conduct a criminal background check from State and national criminal justice information available under ch. 12.62. The department may conduct a fingerprint background check on any member of the relative’s household who is age 16 or older when the relative requests placement of the child.
Requirements for Adoptive Parents Admin. Code Tit. 7, §§ 56.660; 56.210(b)
This issue is not addressed in statute. The following information is from the Alaska Administrative Code.
An agency shall conduct a home study for all applicants in the family being considered as an adoptive or guardianship home by the agency. The agency shall obtain the results of a check for a history of abuse, violence, or criminal background for all adults living in the home, and an evaluation shall be made of the suitability of the home in light of any finding of such history.
Except when placing a child under emergency conditions, an adoption or guardianship home may not be approved if a person in the prospective adoption or guardianship home has a disqualification described in 7 AAC 56.210(b). An individual may be disqualified if:
- The individual’s name appears on the centralized registry of child abuse and neglect.
- The individual has a physical health problem or behavioral health problem that poses a significant risk to the health, safety, or well-being of children.
- The individual was the subject of prior adverse licensing action.
The agency shall review the Alaska Sexual Offender Registry before placement of a child and shall make a check of local court records before placement or on the first day that the court is open following the placement of a child.
An agency shall request a State and Federal report of criminal history record information for each adult member of an applicant’s household. The individual may be disqualified if he or she has been convicted of a barrier crime, as described in 7 AAC 10.905.