AK · rules
Alaska CINA R. 26
Intervention by Indian Child’s Tribe or Indian Custodian
(a) In any state court proceeding for the foster care
placement of, or termination of parental rights to, an Indian
child, the Indian custodian of the child and the Indian child’s
tribe shall have the right to intervene at any point in the
proceeding.
(b) The court shall, upon request, provide the service
information of the parties and future hearing information to the
Indian custodian or Indian child’s tribe either in writing or
orally.
(c) Any Indian custodian or Indian child’s tribe seeking to
intervene must file with the court where the matter is pending a
notice of intervention, which should be served on all parties.
The court shall accept a notice of intervention even if it has not
been served on all parties and provide a copy to all parties who
have not been served.
(d) The court has discretion to accept an oral notice of
intervention made on record.
(e) The notice of intervention is effective upon filing.
(f) The court shall issue a written acknowledgment of the
intervention and serve the acknowledgment on all parties.
(g) Any party may respond to a notice of intervention
within 10 days of service. A reply must be filed within 5
business days after service of the response.
History
(Adopted by SCO 2009 effective October 16, 2023) Note: The use of the word “notice” instead of “motion” was purposeful to be consistent with the Indian Child Welfare Act, which establishes the Indian child’s tribe’s right to intervene as a party in CINA proceedings. No motion under Civil Rule 24 is required in light of the Indian Child Welfare Act’s clear language of the express right to intervene. 25 U.S.C. § 1911(c).
Provenance
- Source
- courts.alaska.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
a5a02ef45d65751b6c6a2bd9f9de965faf19475441ff189bc9972e1dd82bb7db
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