Alaska Stat. » Chapter 47.10

Alaska Stat. § 47.10.011

Children in need of aid

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Sec. 47.10.011. Children in need of aid.
Subject to AS 47.10.019, the court may find a child to be a child in need of aid if it finds by a preponderance of the evidence that the child has been subjected to any of the following:
     (1) a parent or guardian has abandoned the child as described in AS 47.10.013, and the other parent is absent or has committed conduct or created conditions that cause the child to be a child in need of aid under this chapter;

     (2) a parent, guardian, or custodian is incarcerated, the other parent is absent or has committed conduct or created conditions that cause the child to be a child in need of aid under this chapter, and the incarcerated parent has not made adequate arrangements for the child;

     (3) a custodian with whom the child has been left is unwilling or unable to provide care, supervision, or support for the child, and the whereabouts of the parent or guardian is unknown;

     (4) the child is in need of medical treatment to cure, alleviate, or prevent substantial physical harm or is in need of treatment for mental injury and the child's parent, guardian, or custodian has knowingly failed to provide the treatment;

     (5) the child is habitually absent from home or refuses to accept available care and the child's conduct places the child at substantial risk of physical or mental injury;

     (6) the child has suffered substantial physical harm, or there is a substantial risk that the child will suffer substantial physical harm, as a result of conduct by or conditions created by the child's parent, guardian, or custodian or by the failure of the parent, guardian, or custodian to supervise the child adequately;

     (7) the child has suffered sexual abuse, or there is a substantial risk that the child will suffer sexual abuse, as a result of conduct by or conditions created by the child's parent, guardian, or custodian or by the failure of the parent, guardian, or custodian to adequately supervise the child; if a parent, guardian, or custodian has actual notice that a person has been convicted of a sex offense against a minor within the past 15 years, is registered or required to register as a sex offender under AS 12.63, or is under investigation for a sex offense against a minor, and the parent, guardian, or custodian subsequently allows a child to be left with that person, this conduct constitutes prima facie evidence that the child is at substantial risk of being sexually abused;

     (8) conduct by or conditions created by the parent, guardian, or custodian have
          (A) resulted in mental injury to the child; or

          (B) placed the child at substantial risk of mental injury as a result of
                (i) a pattern of rejecting, terrorizing, ignoring, isolating, or corrupting behavior that would, if continued, result in mental injury; or

                (ii) exposure to conduct by a household member, as defined in AS 18.66.990, against another household member that is a crime under AS 11.41.100 — 11.41.220, 11.41.230(a)(1) or (2), or 11.41.410 — 11.41.432, an offense under a law or ordinance of another jurisdiction having elements similar to a crime under AS 11.41.100 — 11.41.220, 11.41.230(a)(1) or (2), or 11.41.410 — 11.41.432, an attempt to commit an offense that is a crime under AS 11.41.100 — 11.41.220 or 11.41.410 — 11.41.432, or an attempt to commit an offense under a law or ordinance of another jurisdiction having elements similar to a crime under AS 11.41.100 — 11.41.220 or 11.41.410 — 11.41.432; or

                (iii) repeated exposure to conduct by a household member, as defined in AS 18.66.990, against another household member that is a crime under AS 11.41.230(a)(3) or 11.41.250 — 11.41.270 or an offense under a law or ordinance of another jurisdiction having elements similar to a crime under AS 11.41.230(a)(3) or 11.41.250 — 11.41.270;

     (9) conduct by or conditions created by the parent, guardian, or custodian have subjected the child or another child in the same household to neglect;

     (10) the parent, guardian, or custodian's ability to parent has been substantially impaired by the addictive or habitual use of an intoxicant, and the addictive or habitual use of the intoxicant has resulted in a substantial risk of harm to the child; if a court has previously found that a child is a child in need of aid under this paragraph, the resumption of use of an intoxicant by a parent, guardian, or custodian within one year after rehabilitation is prima facie evidence that the ability to parent is substantially impaired and the addictive or habitual use of the intoxicant has resulted in a substantial risk of harm to the child as described in this paragraph;

     (11) the parent, guardian, or custodian has a mental illness, serious emotional disturbance, or mental deficiency of a nature and duration that places the child at substantial risk of physical harm or mental injury;

     (12) the child has committed an illegal act as a result of pressure, guidance, or approval from the child's parent, guardian, or custodian.




Notes of Decisions
Cited in 363 cases (96 in the last 5 years), 2000–2026 · leading case: Barbara P. v. State, Department of Health & Social Services
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Barbara P. v. State, Department of Health & Social Services (2010) alaska · cites it 18× “In order to terminate a parent's rights and responsibilities, a superior court must find by clear and convincing evidence that the child has been subjected to conditions or conduct that would qualify the child as a child in need of aid pursuant to AS 47.10.011. 16 The superior…”
Josh L. v. State, Department of Health & Social Services, Office of Children's Services (2012) alaska · cites it 33× “088, the superior court must first find by clear and convincing evidence that the child is a child in need of aid under one of the grounds set forth in AS 47.10.011. [9] Second, the court must find the parent has failed to remedy the conduct or conditions placing the child at a…”
Cora G. v. State of Alaska, DHSS, OCS, Justin D. v. State of Alaska, DHSS, OCS (2020) alaska · cites it 18× “7 See CINA Rule 10(c)(2) (allowing court to order temporary custody of child by OCS upon finding probable cause that child is in need of aid under AS 47.10.011). Alaska Statute 47.10.011 provides, in relevant part: [T]he court may find a child to be a child in need of aid if it…”
Chloe v. State, Department of Health & Social Services, Office of Children's Services (2014) alaska · cites it 16× “The superior court found that Timothy remained a child in need of aid under 4 AS 47.10.011 provides in pertinent part that the court may find a child a child in need of aid if it finds by a preponderance of the evidence that the child has been subjected to any of the following:…”
Philip J. v. State, Department of Health & Social Services, Office of Children's Services (2013) alaska · cites it 16× “Philip first challenges the superior court's findings under AS 47.10.011 that Alyssa was a child in need of aid.”
Seth D. v. State, Department of Health & Social Services, Office of Children Services (2008) alaska · cites it 26× “In July 2003 Seth stipulated that Lacey was "a child in, need of aid pursuant to AS 47.10.011(1) and (10) for the reasons stated in the petition for adjudication filed in February 2003.”
Philip J. v. State, Department of Health & Social Services, Office of Children's Services (2011) alaska · cites it 28× “And on August 11, OCS submitted a notice of its intent to: seek findings by a preponderance of the evidence; 1) that the children are children in need of aid under AS 47.10.011, and 2) that the department has made active efforts to provide remedial services and rehabilitative…”
Martin N. v. State, Department of Health & Social Services, Division of Family & Youth Services (2003) alaska · cites it 12× “First, it must find by clear and convincing evidence that the child has been subjected to conduct or conditions making the child a child in need of aid under AS 47.10.011. 9 Second, it must find by clear and convincing evidence that the parent has not remedied the conditions or…”
Annette H. v. State of Alaska, Department of Health & Social Services, Office of Children's Services (2019) alaska · cites it 13× “The first caseworker later testified that, although she “worked really well” with Annette, and although Annette was willing to work on her case plan, “her anxiety 3 See AS 47.10.011 (providing child may be found in need of aid if (9) “conduct by or conditions created by the…”
Lucy J. v. State, Department of Health & Social Services, Office of Children's Services (2010) alaska · cites it 10× “She instead appeals the trial court's findings that she has not remedied the conduct that placed the children at substantial risk of harm under AS 47.10.011, that there was clear and convine- *1111 ing evidence that OCS had provided active efforts toward reunification under…”
David S. v. State, Department of Health & Social Services (2012) alaska · cites it 11× “088 a trial court must find by clear and convincing evidence that (1) a child is in need of aid under one of the bases set forth in AS 47.10.011; (2) the parent has failed to remedy the conduct or conditions underlying the original harm or that returning the child to the parent…”
Dale H. v. State, Department of Health & Social Services (2010) alaska · cites it 12× “OCS must prove by clear and convincing evidence: (1) that the child is "in need of aid" under AS 47.10.011; 5 (2) that the parent failed, within a reasonable time, to remedy the conduct or conditions in the home such that returning the child would place the child at substantial…”
Show all 363 citing cases →
— Alaska Stat. § 47.10.011(1) — 136 cases
Josh L. v. State, Department of Health & Social Services, Office of Children's Services (2012) alaska “088, the superior court must first find by clear and convincing evidence that the child is a child in need of aid under one of the grounds set forth in AS 47.10.011. [9] Second, the court must find the parent has failed to remedy the conduct or conditions placing the child at a…”
Dale H. v. State, Department of Health & Social Services (2010) alaska “OCS must prove by clear and convincing evidence: (1) that the child is "in need of aid" under AS 47.10.011; 5 (2) that the parent failed, within a reasonable time, to remedy the conduct or conditions in the home such that returning the child would place the child at substantial…”
Jon S. v. State, Department of Health & Social Services, Office of Children's Services (2009) alaska
David S. v. State, Department of Health & Social Services (2012) alaska “088 a trial court must find by clear and convincing evidence that (1) a child is in need of aid under one of the bases set forth in AS 47.10.011; (2) the parent has failed to remedy the conduct or conditions underlying the original harm or that returning the child to the parent…”
Duke S. v. State, Dept. of Health & Social Services, Office of Children's Services (2018) alaska
— Alaska Stat. § 47.10.011(10) — 106 cases
Barbara P. v. State, Department of Health & Social Services (2010) alaska “In order to terminate a parent's rights and responsibilities, a superior court must find by clear and convincing evidence that the child has been subjected to conditions or conduct that would qualify the child as a child in need of aid pursuant to AS 47.10.011. 16 The superior…”
Seth D. v. State, Department of Health & Social Services, Office of Children Services (2008) alaska “In July 2003 Seth stipulated that Lacey was "a child in, need of aid pursuant to AS 47.10.011(1) and (10) for the reasons stated in the petition for adjudication filed in February 2003.”
Chloe v. State, Department of Health & Social Services, Office of Children's Services (2014) alaska “The superior court found that Timothy remained a child in need of aid under 4 AS 47.10.011 provides in pertinent part that the court may find a child a child in need of aid if it finds by a preponderance of the evidence that the child has been subjected to any of the following:…”
Lucy J. v. State, Department of Health & Social Services, Office of Children's Services (2010) alaska “She instead appeals the trial court's findings that she has not remedied the conduct that placed the children at substantial risk of harm under AS 47.10.011, that there was clear and convine- *1111 ing evidence that OCS had provided active efforts toward reunification under…”
Annette H. v. State of Alaska, Department of Health & Social Services, Office of Children's Services (2019) alaska “The first caseworker later testified that, although she “worked really well” with Annette, and although Annette was willing to work on her case plan, “her anxiety 3 See AS 47.10.011 (providing child may be found in need of aid if (9) “conduct by or conditions created by the…”
— Alaska Stat. § 47.10.011(11) — 43 cases
Chloe v. State, Department of Health & Social Services, Office of Children's Services (2014) alaska “The superior court found that Timothy remained a child in need of aid under 4 AS 47.10.011 provides in pertinent part that the court may find a child a child in need of aid if it finds by a preponderance of the evidence that the child has been subjected to any of the following:…”
Dara S. v. State, Dept. of Health & Social Services, Office of Children's Services (2018) alaska
Barbara P. v. State, Department of Health & Social Services (2010) alaska “In order to terminate a parent's rights and responsibilities, a superior court must find by clear and convincing evidence that the child has been subjected to conditions or conduct that would qualify the child as a child in need of aid pursuant to AS 47.10.011. 16 The superior…”
Alyssa B. v. State, Department of Health & Social Services, Division of Family & Youth Services (2007) alaska
Annette H. v. State of Alaska, Department of Health & Social Services, Office of Children's Services (2019) alaska “The first caseworker later testified that, although she “worked really well” with Annette, and although Annette was willing to work on her case plan, “her anxiety 3 See AS 47.10.011 (providing child may be found in need of aid if (9) “conduct by or conditions created by the…”
— Alaska Stat. § 47.10.011(2) — 43 cases
Josh L. v. State, Department of Health & Social Services, Office of Children's Services (2012) alaska “088, the superior court must first find by clear and convincing evidence that the child is a child in need of aid under one of the grounds set forth in AS 47.10.011. [9] Second, the court must find the parent has failed to remedy the conduct or conditions placing the child at a…”
T.F. v. State, Department of Health & Social Services (2001) alaska
Martin N. v. State, Department of Health & Social Services, Division of Family & Youth Services (2003) alaska “First, it must find by clear and convincing evidence that the child has been subjected to conduct or conditions making the child a child in need of aid under AS 47.10.011. 9 Second, it must find by clear and convincing evidence that the parent has not remedied the conditions or…”
David S. v. State, Department of Health & Social Services (2012) alaska “088 a trial court must find by clear and convincing evidence that (1) a child is in need of aid under one of the bases set forth in AS 47.10.011; (2) the parent has failed to remedy the conduct or conditions underlying the original harm or that returning the child to the parent…”
Claudio P. v. State, Department of Health & Social Services, Office of Children's Services (2013) alaska
— Alaska Stat. § 47.10.011(3) — 2 cases
M.W. v. State, Department of Health & Social Services (2001) alaska
Native Village of Saint Michael v. State of Alaska, Department of Family & Community Services, Office of Children's Serv (2025) alaska
— Alaska Stat. § 47.10.011(4) — 12 cases
Philip J. v. State, Department of Health & Social Services, Office of Children's Services (2013) alaska “Philip first challenges the superior court's findings under AS 47.10.011 that Alyssa was a child in need of aid.”
Amy S. v. State, Department of Health & Social Services, Office of Children's Services (2019) alaska
Joy B. v. State, Dept. of Health & Social Services, Office of Children's Services (2016) alaska
Shirley M. v. State, Dept. of Health & Social Services, Office of Children's Services (2015) alaska
Martha S. v. State, Department of Health & Social Services, Office of Children's Services (2012) alaska
— Alaska Stat. § 47.10.011(5) — 5 cases
Kyle S. v. State, Dept. of Health & Social Services, Office of Children's Services (2013) alaska
Miranda T. v. State of Alaska DHSS, OCS (2023) alaska
Theresa L. v. State, Dept. of Health and Social Services, Office of Children's Services (2015) alaska
Rowan B. v. State, Dept. of Health & Social Services, Office of Children's Services (2014) alaska
M.T. (Mother) v. State of Alaska DHSS, OCS (2023) alaska
— Alaska Stat. § 47.10.011(6) — 100 cases
Martin N. v. State, Department of Health & Social Services, Division of Family & Youth Services (2003) alaska “First, it must find by clear and convincing evidence that the child has been subjected to conduct or conditions making the child a child in need of aid under AS 47.10.011. 9 Second, it must find by clear and convincing evidence that the parent has not remedied the conditions or…”
Reed S. v. State of Alaska, Department of Health & Social Services, Office of Children's Services, Makenna S. v. State o (2022) alaska
Burke P. v. State, Department of Health & Social Services, Office of Children's Services (2007) alaska
Doug Y. v. State, Department of Health & Social Services, Office of Children's Services (2010) alaska
Christina J. v. State, Department of Health & Social Services (2011) alaska
— Alaska Stat. § 47.10.011(7) — 24 cases
Cynthia W. v. State of Alaska, Department of Health & Social Services, Office of Children's Services (2021) alaska
Rowan B. v. State, Dept. of Health & Social Services, Office of Children's Services (2014) alaska
Philip J. v. State, Department of Health & Social Services, Office of Children's Services (2011) alaska “And on August 11, OCS submitted a notice of its intent to: seek findings by a preponderance of the evidence; 1) that the children are children in need of aid under AS 47.10.011, and 2) that the department has made active efforts to provide remedial services and rehabilitative…”
JA v. State, DFYS (2002) alaska
Cora G. v. State of Alaska, DHSS, OCS, Justin D. v. State of Alaska, DHSS, OCS (2020) alaska “7 See CINA Rule 10(c)(2) (allowing court to order temporary custody of child by OCS upon finding probable cause that child is in need of aid under AS 47.10.011). Alaska Statute 47.10.011 provides, in relevant part: [T]he court may find a child to be a child in need of aid if it…”
— Alaska Stat. § 47.10.011(8) — 60 cases
Cora G. v. State of Alaska, DHSS, OCS, Justin D. v. State of Alaska, DHSS, OCS (2020) alaska “7 See CINA Rule 10(c)(2) (allowing court to order temporary custody of child by OCS upon finding probable cause that child is in need of aid under AS 47.10.011). Alaska Statute 47.10.011 provides, in relevant part: [T]he court may find a child to be a child in need of aid if it…”
Barbara P. v. State, Department of Health & Social Services (2010) alaska “In order to terminate a parent's rights and responsibilities, a superior court must find by clear and convincing evidence that the child has been subjected to conditions or conduct that would qualify the child as a child in need of aid pursuant to AS 47.10.011. 16 The superior…”
Philip J. v. State, Department of Health & Social Services, Office of Children's Services (2011) alaska “And on August 11, OCS submitted a notice of its intent to: seek findings by a preponderance of the evidence; 1) that the children are children in need of aid under AS 47.10.011, and 2) that the department has made active efforts to provide remedial services and rehabilitative…”
Theresa L. v. State, Dept. of Health and Social Services, Office of Children's Services (2015) alaska
Martin N. v. State, Department of Health & Social Services, Division of Family & Youth Services (2003) alaska “First, it must find by clear and convincing evidence that the child has been subjected to conduct or conditions making the child a child in need of aid under AS 47.10.011. 9 Second, it must find by clear and convincing evidence that the parent has not remedied the conditions or…”
— Alaska Stat. § 47.10.011(8)(4) — 1 case
Barbara P. v. State, Department of Health & Social Services (2010) alaska “In order to terminate a parent's rights and responsibilities, a superior court must find by clear and convincing evidence that the child has been subjected to conditions or conduct that would qualify the child as a child in need of aid pursuant to AS 47.10.011. 16 The superior…”
— Alaska Stat. § 47.10.011(8)(A) — 16 cases
Josephine B. v. State, Department of Health & Social Services, Office of Children's Services (2008) alaska
Cora G. v. State of Alaska, DHSS, OCS, Justin D. v. State of Alaska, DHSS, OCS (2020) alaska “7 See CINA Rule 10(c)(2) (allowing court to order temporary custody of child by OCS upon finding probable cause that child is in need of aid under AS 47.10.011). Alaska Statute 47.10.011 provides, in relevant part: [T]he court may find a child to be a child in need of aid if it…”
Theresa L. v. State, Dept. of Health and Social Services, Office of Children's Services (2015) alaska
Barbara P. v. State, Department of Health & Social Services (2010) alaska “In order to terminate a parent's rights and responsibilities, a superior court must find by clear and convincing evidence that the child has been subjected to conditions or conduct that would qualify the child as a child in need of aid pursuant to AS 47.10.011. 16 The superior…”
Rick P. v. State, Ocs (2005) alaska
— Alaska Stat. § 47.10.011(8)(B) — 8 cases
Philip J. v. State, Department of Health & Social Services, Office of Children's Services (2013) alaska “Philip first challenges the superior court's findings under AS 47.10.011 that Alyssa was a child in need of aid.”
Barbara P. v. State, Department of Health & Social Services (2010) alaska “In order to terminate a parent's rights and responsibilities, a superior court must find by clear and convincing evidence that the child has been subjected to conditions or conduct that would qualify the child as a child in need of aid pursuant to AS 47.10.011. 16 The superior…”
Theresa L. v. State, Dept. of Health and Social Services, Office of Children's Services (2015) alaska
Payton S. v. State, Dept. of Health & Social Services, Office of Children's Services (2015) alaska
Dena M. v. Department of Health & Social Services, Office of Children's Services (2019) alaska
— Alaska Stat. § 47.10.011(8)(B)(i) — 6 cases
Winston J. v. State, Department of Health & Social Services, Office of Children's Services (2006) alaska
State of Alaska, Department of Family & Community Services, Office of Children's Services v. Karlie T. and Gino H. (2023) alaska
Sarah G. v. State, Department of Health & Social Services (2011) alaska
Jan B. (Mother) v. State of Alaska, DFCS, OCS, Jed H. (Father) v. State of Alaska, DFCS, OCS (2024) alaska
Nate G. v. State of Alaska, Department of Health & Social Services, Office of Children's Services (2023) alaska
— Alaska Stat. § 47.10.011(8)(B)(ii) — 10 cases
State of Alaska, Department of Family & Community Services, Office of Children's Services v. Karlie T. and Gino H. (2023) alaska
Casey K. v. State, Dept. of Health & Social Services, Office of Children's Services (2013) alaska
A.H. v. State, Department of Health & Social Services (2000) alaska
Sarah G. v. State, Department of Health & Social Services (2011) alaska
Michael F. (Father) v. State of Alaska, DFCS, OCS (2024) alaska
— Alaska Stat. § 47.10.011(8)(B)(iii) — 5 cases
Bill S. v. State, Dept. of Health & Social Services, Office of Children's Services (2019) alaska
A.H. v. State, Department of Health & Social Services (2000) alaska
State, Department of Health & Social Services, Division of Family & Youth Services v. M.L.L. (2002) alaska
Ronald H. (Father) v. State of Alaska, DHSS, OCS, Angela A. (Mother) v. State of Alaska DHSS, OCS (2018) alaska
W.S. (Father) v. State of Alaska, DHSS, OCS, M.S. (Mother) v. State of Alaska, DHSS, OCS, A.S. (Minor) v. State of Alask (2014) alaska
— Alaska Stat. § 47.10.011(8)(b)(ii) — 1 case
Casey K. v. State, Dept. of Health & Social Services, Office of Children's Services (2013) alaska
— Alaska Stat. § 47.10.011(86) — 1 case
In Re the Protective Proceedings of Melissa A. (2012) alaska
— Alaska Stat. § 47.10.011(9) — 79 cases
Audrey H. v. State, Office of Children's Services (2008) alaska
Annette H. v. State of Alaska, Department of Health & Social Services, Office of Children's Services (2019) alaska “The first caseworker later testified that, although she “worked really well” with Annette, and although Annette was willing to work on her case plan, “her anxiety 3 See AS 47.10.011 (providing child may be found in need of aid if (9) “conduct by or conditions created by the…”
Peter v. State, Department of Health & Social Services (2006) alaska
Lucy J. v. State, Department of Health & Social Services, Office of Children's Services (2010) alaska “She instead appeals the trial court's findings that she has not remedied the conduct that placed the children at substantial risk of harm under AS 47.10.011, that there was clear and convine- *1111 ing evidence that OCS had provided active efforts toward reunification under…”
WILSON W. v. State (2008) alaska
— Alaska Stat. § 47.10.011(H) — 1 case
State, Department of Health & Social Services, Division of Family & Youth Services v. M.L.L. (2002) alaska
— Alaska Stat. § 47.10.011(a)(4) — 1 case
Jay W. v. State of Alaska, DHSS, OCS (2015) alaska
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.