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Information for Parents about Emergency Custody


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To:

Your child(ren):

are in the care of the Division of Family and Youth Services. Please call _______________ to discuss this matter.

Social Worker: _________________________

Date: _________ Time: ________

What is emergency custody?

In Alaska, emergency custody is short-term physical custody of a child by the Department of Health and Social Services, Division of Family and Youth Services (DFYS). This means that a DFYS social worker can take custody of a child and decide where the child will be placed until the temporary custody hearing. The hearing must occur within 48 hours after the child has been taken and the court notified. The child, if the child's health permits, and the child's parents or guardian, if they can be found, may attend the hearing.

How does the social worker first get involved?

Alaska law (AS 47.17.025) requires that DFYS investigate every report it receives, from any source, that a child may have suffered abuse or neglect.

What steps are taken to investigate a report of abuse or neglect?

In order to determine whether or not the report of harm is valid, the social worker or an agent acting on behalf of DFYS must see the child. The parent(s) must be interviewed. The child, if old enough, may be interviewed as well as other persons who might have information about the child, including school teachers, neighbors, babysitters, or relatives.

Under what conditions can the social worker take emergency custody of a child?

Alaska law (AS 47.10.142) gives DFYS the right to take emergency custody of a child when a social worker determines that one of the following circumstances exists:

  • the child has been abandoned;
  • the child has been neglected to such an extent that immediate removal from his or her surroundings is deemed to be necessary in order to protect the child;
  • the child has been physically abused and/or needs immediate medical attention; or
  • the child or a sibling has been sexually abused.

In order to prevent further harm, the social worker, or in some cases a peace officer, may then remove the child from the home.

What then?

The court shall immediately upon notification, and in no event more than 48 hours later, hold a hearing according to AS 47.10.142(d). The child and the child's parent or guardian have a right to attend.

Where does the social worker take the child?

The child may be taken to a relative, if requested or known, a foster home licensed by the department, or to a licensed emergency shelter facility. An appropriate relative is the first option. The child may also be taken to the hospital or a doctor for examination. (AS 47.14.100)

Is there always a court hearing after the department takes emergency custody of a child?

In most cases, yes. Sometimes the child can be returned to the parents' physical custody within 24 hours without a court hearing. This will happen only if the parents and social worker can agree on a plan that will avoid exposing the child to further harm. In other instances the parents and social worker may agree that the department should continue to have legal custody of the child for a specific period of time. In those cases, a stipulation for temporary custody may be written and signed by all persons involved at the temporary custody hearing.

What happens when DFYS takes custody of a Native child?

Native children are protected by a special federal law called the Indian Child Welfare Act (ICWA). The parents or custodians of Native children also have additional rights. The heritage of Native children must be explored and their tribes or villages have a right to participate in decisions about the care of the child. Parents should tell the social worker their child is Native. Parents should also contact their attorney, tribe, village, or Native non-profit to find out more about the special rights under ICWA. Having the tribe or village involved in the case may be a way of getting help to get your child returned home more quickly.

When are parents involved after a child has been taken?

The department is required, by law to notify the parents immediately that the child has been taken into custody, and in no event more than 24 hours later, unless unable to contact the parent.

The department must also file a petition with the court within 24 hours. This document lists the reasons why the department believes the child to be in need of the court's protection. AS 7.10.142(c)

Prior to the hearing, parents will be provided with a copy of the petition and notified of the time of the hearing, if they can be located.

The child, if the child's health permits, and the parent or guardian, if they can be found, have a right to be present at the hearing. AS 47.10.142(d)

Do parents have a right to an attorney?

An attorney may appear for the parents at the hearing, although the emergency custody hearing will not be postponed because one cannot be present. If the parents cannot afford an attorney, they can request at this hearing that the judge appoint one for them. In some judicial districts parents may seek appointment of an attorney before the first hearing.

What happens at the temporary custody hearing?

The judge will review the information presented by the parties and decide whether there is reason to believe the child is a "child in need of aid". A "child in need of aid" is one who meets at least one of the following criteria (AS 47.10.011):

  1. the child has been abandoned.
  2. a parent is incarcerated and there is no provision for adequate care.
  3. the person with whom the child was left is unwilling to provide care and the parent can't be located.
  4. the child needs medical care which the parent has knowingly failed to provide.
  5. the child is a habitual runaway and the child's behavior creates a substantial risk of injury.
  6. the child has suffered, or is at substantial risk of suffering, substantial physical harm.
  7. the child has suffered, or is at substantial risk of suffering, sexual abuse.
  8. the child is a victim of mental injury.
  9. the child has suffered neglect.
  10. the parent's ability to care is substantially impaired by the use of intoxicants.
  11. the parent's mental illness, emotional disturbance, or mental deficiency creates a substantial risk of physical or mental harm to the child.
  12. the child has committed an illegal act as a result of pressure from the parents.

What then?

After review of the evidence presented by the state and the parent or child, the court will go one of two ways, according to AS 47.10.142(e):

  1. If the court finds no reason to believe the child is a "child in need of aid," the petition will be dismissed and the child will be returned to the parents' custody.
  2. If the court finds reason to believe that the child is a "child in need of aid," the court may order that:


    • the child continue in the temporary custody of the department, or
    • that the child be returned to parental custody under the temporary supervision of the department.

If the petition is not dismissed, a full hearing will be scheduled for a future date within 120 days. The purpose of this hearing will be to examine all the facts in more detail and come to a definite conclusion about whether or not the child is a "child in need of aid." This hearing may also address what should be done to protect the child if the court finds the "child to be in need of aid." At this hearing the parents may also suggest an appropriate relative for placement if one has not already been identified.

How can parents deal with their feelings?

Most parents feel frightened, angry, and helpless. When parents are upset or do not understand the process, it is essential that they tell the social worker or their attorney. Knowing what is to be expected will help both parent and child.

When can the child return home?

The child can return home when the parents have demonstrated that they are willing and able to make the changes necessary to provide a safe home for the child. The social worker will meet with parents to try to agree on a plan that will help the parents make the necessary changes.

In some cases, this plan will be reviewed by the court before the child is returned home. Sometimes this process can happen quickly. In other cases, it can take more time. For example, if a parent must complete a treatment program for alcohol or drug abuse, the child may be away from home for several months or more.

The primary goal of the department is to assist, whenever possible, the return of children to their parents' custody. The social worker wants to work with parents to change the things that are preventing their child from living at home. (AS 47.05.065)

What can parents do if they are unable to work with their social worker?

It may be difficult, at first, to work cooperatively with the social worker. It is not unusual for parents to be angry with him or her for interfering in their family.

It is important, however, to be aware that the social worker does not independently make the decision to remove a child from his parents' custody. They are guided by State law and department policy, as well as close communication with a supervisor.

Usually, in time, parents are able to develop a cooperative relationship with their social worker. However, in some cases this is not possible.

When this happens, parents have several options available. Parents may:

  • request that their attorney intervene on their behalf and make their concerns known to the social worker or to the attorney representing the department.
  • contact the DFYS office supervisor and request that the supervisor review the case to determine if their concerns are justified.
  • initiate a grievance by requesting a complaint form from the supervisor in charge of the case (7AAC 54.205 - 7AAC 54.900).

Your social worker is: ______________________

His/her phone number is: ___________________

The supervisor is: _________________________

NOTE: This is an informational brochure about emergency custody. It is not meant to advise you about Alaska law. You should talk to a lawyer about your individual situation.

If you are a parent or child involved in this kind of case and you cannot afford to hire a lawyer, you may qualify to have a free lawyer appointed to help you. Ask the court handling your case.

What can parents do while their child is in emergency custody?

There are several things parents can do which can be comforting and helpful to a child:

  1. A parent can gather together the child's clothes and favorite toys so they can be taken to the child. A strange place is not so strange with some familiar things available.
  2. The parent can ask the social worker to arrange a visitation schedule with the child, if appropriate. While considering the child's safety, this can include siblings and other relatives.

How about in court?

  1. The parent should contact their attorney or the court to seek appointed council (phone _______ ).
  2. The parent should find out when the court hearing will be held. The court clerk will have this information.
  3. Most important, the parent should attend the court hearing.

For more information on emergency custody, protective services, or other programs for children and their families, feel free to contact the Division of Family and Youth Services at their 24-hour toll-free number.

Call 1 (800) 478-4444

Division of Family and Youth Services
PO Box 110630
Juneau, AK 99811-0630
Phone (907) 465-3191 o Fax (907) 465-3397