Alaska Stat. » Chapter 47.10

Alaska Stat. § 47.10.013

Abandonment

Find cases: SyfertCases citing this section AK-LEGakleg.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
Sec. 47.10.013. Abandonment.
 (a) For purposes of this chapter, the court may find abandonment of a child if a parent or guardian has shown a conscious disregard of parental responsibilities toward the child by failing to provide reasonable support, maintain regular contact, or provide normal supervision, considering the child's age and need for care by an adult. Abandonment of a child also includes instances when the parent or guardian, without justifiable cause,
     (1) left the child with another person without provision for the child's support and without meaningful communication with the child for a period of three months;

     (2) has made only minimal efforts to support and communicate with the child;

     (3) failed for a period of at least six months to maintain regular visitation with the child;

     (4) failed to participate in a suitable plan or program designed to reunite the parent or guardian with the child;

     (5) left the child without affording means of identifying the child and the child's parent or guardian;

     (6) was absent from the home for a period of time that created a substantial risk of serious harm to a child left in the home;

     (7) failed to respond to notice of child protective proceedings; or

     (8) was unwilling to provide care, support, or supervision for the child.

 (b) For purposes of (a) of this section, a parent or guardian who is a victim of domestic violence, or who has a child in the parent's or guardian's care who is the victim of domestic violence, is considered to have justifiable cause to take an action or to fail to take an action that would otherwise be considered to be abandonment of a child under (a) of this section if the action or failure to act is necessary to protect the parent or guardian, or a child in the care of the parent or guardian, from further acts of domestic violence. However, a parent or guardian who initially had justifiable cause to act or fail to act as described in this subsection may be considered to have abandoned the child without justifiable cause for purposes of (a) of this section if the parent or guardian does not take reasonable steps to reunify with or provide care for the abandoned child after becoming secure from further acts of domestic violence or after providing that another child in the care of the parent or guardian is secure from further acts of domestic violence.

 (c) A parent who is immune from prosecution under AS 11.81.500 and chooses to surrender an infant shall surrender the infant in the manner described in this subsection. Surrendering the infant in the manner described in this subsection constitutes abandonment for purposes of this chapter. An infant's parent is considered to have abandoned the infant safely, and, notwithstanding AS 25.20.030 and AS 47.10.120, the parent's legal duty to support the infant is extinguished if
     (1) the parent, without expressing an intent to return for the infant, leaves the infant in the physical custody of a person who is a
          (A) person the parent reasonably believes would provide for the health and safety of the infant and who would act appropriately to care for the infant;

          (B) peace officer, community health aide, physician, or hospital employee; or

          (C) person who is employed by or is a volunteer for a fire department or emergency medical service, if the person is acting within the scope of the person's fire department or emergency medical service duties; and

     (2) there is no evidence the infant has been physically injured before abandonment.

 (d) A person to whom an infant is surrendered in the manner described in (c)(1)(B) or (C) of this section shall
     (1) act appropriately to care for the infant;

     (2) inform the parent that the parent may, but is not required to, answer any questions regarding the name, identity, and medical history of the infant and parents of the infant unless the parent chooses to contact the department under (3) of this subsection;

     (3) ask the parent if the parent wishes to relinquish the parent's parental rights and release the infant for adoption; if the answer is affirmative, the person shall contact the department so that the parent can discuss that option with the department;

     (4) immediately notify the nearest office of the department that the infant has been surrendered in the manner described in (c) of this section.

 (e) An individual, agency, facility, or entity that receives an infant abandoned safely under (c) of this section is not liable for civil damages for failure to discharge the duties listed in (d) of this section.

 (f) A record regarding the surrender of an infant under (c) of this section is confidential and not subject to public inspection or copying under AS 40.25.100 — 40.25.220.




Notes of Decisions
Cited in 66 cases (13 in the last 5 years), 2000–2026 · leading case: Jeff AC, Jr. v. State
Sort: Relevance Newest Treatment
Jeff AC, Jr. v. State (2005) alaska · cites it 8× “Moreover, the court found that Jeff's abandonment and neglect were ongoing and unremedied, and these findings were made under a higher quantum of proof than what would have been required in an adjudication hearing.”
Joy B. v. State, Dept. of Health & Social Services, Office of Children's Services (2016) alaska · cites it 6× “011(1) ’ and AS 47.10.013(2), (3), (4), (7), and (8). The court cited the fact that Joy had left Alaska a year earlier without notifying OCS and had not returned to see her children, had stopped calling her daughters in the months leading up to trial, and had told OCS that “she…”
Steve H. v. Department of Health (2019) alaska · cites it 10× “has abandoned the child as described in AS 47.10.013." Alaska Statute 47.10.013(a), in turn, "provides specific examples of conduct that will be considered abandonment.”
Josh L. v. State, Department of Health & Social Services, Office of Children's Services (2012) alaska · cites it 10× “011(1) and (2), which provide that a child may be found to be in need of aid if: (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…”
Duke S. v. State, Dept. of Health & Social Services, Office of Children's Services (2018) alaska · cites it 6× “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.”
Trevor M. v. State, Dept. of Health & Social Services, Office of Children's Services (2016) alaska · cites it 6× “AS 47.10.013(@a)(8) provides that abandonment may be found "when the parent or guardian, without justifiable cause, .”
Clementine F. v. State, Dept. of Health & Social Services, Office of Children's Services (2016) alaska · cites it 9× “In particular, she raised concerns that Jermaine had abandoned Jasmine under AS 47.10.013 because he had not paid child support in the last three years.”
Dale H. v. State, Department of Health & Social Services (2010) alaska · cites it 5× “011(1) states that a court may find a child to be in need of aid if "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…”
Jon S. v. State, Department of Health & Social Services, Office of Children's Services (2009) alaska · cites it 3× “011(1), a child is "in need of aid" if the court finds "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.”
Rick P. v. State, Ocs (2005) alaska · cites it 4× “011(1) authorizes an adjudication where “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.”
A.B. v. State, Department of Health & Social Services (2000) alaska · cites it 3× “019 provides: Notwithstanding other provisions of this chapter, the court may not find a minor to be a child in need of aid under this chapter solely on the basis that the child's family is poor, lacks adequate housing, or exhibits a lifestyle that is different from the…”
S.B. v. State, Department of Health & Social Services, Division of Family & Youth Services (2002) alaska · cites it 2× “011 provides in relevant part: [T]he 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…”
Show all 66 citing cases →
— Alaska Stat. § 47.10.013(2) — 3 cases
Joy B. v. State, Dept. of Health & Social Services, Office of Children's Services (2016) alaska “011(1) ’ and AS 47.10.013(2), (3), (4), (7), and (8). The court cited the fact that Joy had left Alaska a year earlier without notifying OCS and had not returned to see her children, had stopped calling her daughters in the months leading up to trial, and had told OCS that “she…”
Dale H. v. State, Department of Health & Social Services (2010) alaska “011(1) states that a court may find a child to be in need of aid if "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…”
D.A. (Father) v. State of Alaska, OCS, State of Alaska, OCS v. D.A. (Father), D.A. (Father) v. State of Alaska, OCS (2012) alaska
— Alaska Stat. § 47.10.013(3) — 2 cases
Joy B. v. State, Dept. of Health & Social Services, Office of Children's Services (2016) alaska “011(1) ’ and AS 47.10.013(2), (3), (4), (7), and (8). The court cited the fact that Joy had left Alaska a year earlier without notifying OCS and had not returned to see her children, had stopped calling her daughters in the months leading up to trial, and had told OCS that “she…”
Dale H. v. State, Department of Health & Social Services (2010) alaska “011(1) states that a court may find a child to be in need of aid if "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…”
— Alaska Stat. § 47.10.013(4) — 4 cases
Dale H. v. State, Department of Health & Social Services (2010) alaska “011(1) states that a court may find a child to be in need of aid if "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…”
Joy B. v. State, Dept. of Health & Social Services, Office of Children's Services (2016) alaska “011(1) ’ and AS 47.10.013(2), (3), (4), (7), and (8). The court cited the fact that Joy had left Alaska a year earlier without notifying OCS and had not returned to see her children, had stopped calling her daughters in the months leading up to trial, and had told OCS that “she…”
Nate G. v. State of Alaska, Department of Health & Social Services, Office of Children's Services (2023) alaska
Emily B. (Mother) v. State of Alaska, DHSS, OCS (2019) alaska
— Alaska Stat. § 47.10.013(8) — 1 case
Joy B. v. State, Dept. of Health & Social Services, Office of Children's Services (2016) alaska “011(1) ’ and AS 47.10.013(2), (3), (4), (7), and (8). The court cited the fact that Joy had left Alaska a year earlier without notifying OCS and had not returned to see her children, had stopped calling her daughters in the months leading up to trial, and had told OCS that “she…”
— Alaska Stat. § 47.10.013(a) — 26 cases
Steve H. v. Department of Health (2019) alaska “has abandoned the child as described in AS 47.10.013." Alaska Statute 47.10.013(a), in turn, "provides specific examples of conduct that will be considered abandonment.”
Jon S. v. State, Department of Health & Social Services, Office of Children's Services (2009) alaska “011(1), a child is "in need of aid" if the court finds "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.”
Jeff AC, Jr. v. State (2005) alaska “Moreover, the court found that Jeff's abandonment and neglect were ongoing and unremedied, and these findings were made under a higher quantum of proof than what would have been required in an adjudication hearing.”
Rick P. v. State, Ocs (2005) alaska “011(1) authorizes an adjudication where “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.”
Sherman B. v. State, Department of Health & Social Services (2012) alaska
— Alaska Stat. § 47.10.013(a)(1) — 7 cases
Josh L. v. State, Department of Health & Social Services, Office of Children's Services (2012) alaska “011(1) and (2), which provide that a child may be found to be in need of aid if: (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…”
Duke S. v. State, Dept. of Health & Social Services, Office of Children's Services (2018) alaska “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.”
G.C. v. State, Department of Health & Social Services, Division of Family & Youth Services (2003) alaska
Steve H. v. Department of Health (2019) alaska “has abandoned the child as described in AS 47.10.013." Alaska Statute 47.10.013(a), in turn, "provides specific examples of conduct that will be considered abandonment.”
Clark J. v. State of Alaska, DHSS, OCS (2024) alaska
— Alaska Stat. § 47.10.013(a)(2) — 13 cases
Jeff AC, Jr. v. State (2005) alaska “Moreover, the court found that Jeff's abandonment and neglect were ongoing and unremedied, and these findings were made under a higher quantum of proof than what would have been required in an adjudication hearing.”
Duke S. v. State, Dept. of Health & Social Services, Office of Children's Services (2018) alaska “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.”
Rick P. v. State, Ocs (2005) alaska “011(1) authorizes an adjudication where “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.”
D.A.M. (Father) v. State of Alaska, DHSS, OCS (2022) alaska
D.A. (Father) v. State of Alaska, OCS, State of Alaska, OCS v. D.A. (Father), D.A. (Father) v. State of Alaska, OCS (2012) alaska
— Alaska Stat. § 47.10.013(a)(3) — 11 cases
Trevor M. v. State, Dept. of Health & Social Services, Office of Children's Services (2016) alaska “AS 47.10.013(@a)(8) provides that abandonment may be found "when the parent or guardian, without justifiable cause, .”
Duke S. v. State, Dept. of Health & Social Services, Office of Children's Services (2018) alaska “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.”
M.W. v. State, Department of Health & Social Services (2001) alaska
D.A.M. (Father) v. State of Alaska, DHSS, OCS (2022) alaska
Jay W. v. State of Alaska, DHSS, OCS (2015) alaska
— Alaska Stat. § 47.10.013(a)(4) — 22 cases
Sherman B. v. State, Dept. of Health & Social Services, Office of Children's Services (2013) alaska
Trevor M. v. State, Dept. of Health & Social Services, Office of Children's Services (2016) alaska “AS 47.10.013(@a)(8) provides that abandonment may be found "when the parent or guardian, without justifiable cause, .”
A.B. v. State, Department of Health & Social Services (2000) alaska “019 provides: Notwithstanding other provisions of this chapter, the court may not find a minor to be a child in need of aid under this chapter solely on the basis that the child's family is poor, lacks adequate housing, or exhibits a lifestyle that is different from the…”
M.J.S. v. State, Department of Health & Social Services (2002) alaska
A.B. v. State, Department of Health & Social Services (2000) alaska
— Alaska Stat. § 47.10.013(a)(6) — 1 case
Trevor M. v. State, Dept. of Health & Social Services, Office of Children's Services (2016) alaska “AS 47.10.013(@a)(8) provides that abandonment may be found "when the parent or guardian, without justifiable cause, .”
— Alaska Stat. § 47.10.013(a)(7) — 2 cases
Clark J. v. State of Alaska, DHSS, OCS (2024) alaska
Jack C. (Father) v. State of Alaska, DHSS, OCS (2017) alaska
— Alaska Stat. § 47.10.013(a)(8) — 1 case
Clark J. v. State of Alaska, DHSS, OCS (2024) alaska
— Alaska Stat. § 47.10.013(a)(d) — 1 case
A.B. v. State, Department of Health & Social Services (2000) alaska “019 provides: Notwithstanding other provisions of this chapter, the court may not find a minor to be a child in need of aid under this chapter solely on the basis that the child's family is poor, lacks adequate housing, or exhibits a lifestyle that is different from the…”
— Alaska Stat. § 47.10.013(a2)(4) — 1 case
M.J.S. v. State, Department of Health & Social Services (2002) 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.