Alaska CINA R. 15

(a) Nature and Timing of Proceeding. The adjudication

hearing is a trial to the court on the merits of the petition for

adjudication. The adjudication must be completed within 120

days after a finding of probable cause is entered, unless the

court finds good cause to continue the hearing. In determining

whether to grant a continuance for good cause, the court shall

take into consideration the age of the child and the potential

adverse effect that the delay may have on the child.

(b) Notice. The Department must provide notice of the

adjudication hearing to the persons specified in CINA Rule

7(b) within a reasonable time prior to the hearing. In cases

involving an Indian child, notice of the hearing must be

received at least ten days before the hearing pursuant to CINA

Rule 7(f)(1). Upon request, the court shall postpone the

hearing to ensure that the Indian child’s parents, Indian

custodian or tribe have had thirty days from receipt of the

notice to prepare for the hearing.

(c) Burden of Proof. The Department has the burden of

proving by a preponderance of the evidence that the child is a

child in need of aid.

(d) Judgment. At the conclusion of the adjudication

hearing, the court shall make findings of fact and enter a

judgment that the child is or is not a child in need of aid.

(e) Failure of Proof. If the court finds that the child is

not a child in need of aid, it shall immediately order the child

released from the Department’s custody and returned to the

child’s parents, guardian, or custodian.

(f) Orders Pending Disposition. If the court finds that

the child is a child in need of aid and the disposition is not held

immediately following the adjudication, the court shall enter

the following orders:

(1) The court shall order the child placed in the

temporary custody of the Department or order the child

returned to the home with supervision by the Department

pending disposition. The court may approve the removal of the

child from the child’s home only if the court makes the

findings required by CINA Rule 10(c)(3).

(2) If the court approves the child’s removal, the court

shall make the inquiry and findings required by CINA Rule

10.1. A finding that the Department has failed to make

reasonable efforts, or, in cases involving an Indian child, that

the requirements of 25 U.S.C. §§ 1912(d) or 1915(b) have not

been met, is not in itself a ground for returning the child to the

home and does not affect the court’s ability to enter an

adjudication order and extend temporary custody pending

adjudication.

(3) The court shall set a time for the disposition hearing,

which will be held without unreasonable delay. The court shall

order a predisposition report, unless waived by stipulation

under CINA Rule 16(a)(3), and other studies, examinations, or

reports under CINA Rule 16 that are necessary for an informed

disposition.