Alaska Stat. » Chapter 47.10
Alaska Statutes

Alaska Stat. § 47.10.019 (2026)

Limitations on determinations

✓ current as of July 2026
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Sec. 47.10.019. Limitations on determinations.
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 generally accepted lifestyle standard of the community where the family lives. However, this section may not be construed to prevent a court from finding that a child is in need of aid if the child has been subjected to conduct or conditions described in AS 47.10.011 — 47.10.015.


Notes of Decisions
Cited in 27 cases (4 in the last 5 years), 2000–2025 · leading case: Sherman B. v. State, Dep't of Health & Soc. Servs., 290 P.3d 421 (Alaska 2012).
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Sherman B. v. State, Dep't of Health & Soc. Servs., 290 P.3d 421 (Alaska 2012). · cites it 4× “Sherman argues that he has been active throughout this case, that he has maintained visits with Darcey, and that the superior court's consideration of whether he can provide reasonable economic support penalized him for being poor in contravention of AS 47.10.019. 21 He further…”
Sean B. v. State, Dep't of Health & Soc. Servs., 251 P.3d 330 (Alaska 2011). · cites it 2× “Sean argues that AS 47.10.019 applies to his case. This statute provides: *340 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…”
A.B. v. State, Dep't of Health & Soc. Servs., 7 P.3d 946 (Alaska 2000). · cites it 2× “011 provides in relevant part: 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: [[Image here]] (9) conduct by or conditions created by the…”
Sherman B. v. State, Dept. of Health & Soc. Servs., Off. of Child.'s Servs., 310 P.3d 943 (Alaska 2013). “AS 47.10.019. 27 . See Hannah B., 289 P.3d at 930 ("We defer to a superior court's credibility determinations, particularly when they are based on oral testimony.”
Erica A. v. State, Dep't of Health & Soc. Servs., Div. of Fam. & Youth Servs., 66 P.3d 1 (Alaska 2003). “011 provides, in relevant part: 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: [[Image here]] (6) the child has suffered substantial…”
Alyssa B. v. State, Dep't of Health & Soc. Servs., Div. of Fam. & Youth Servs., 165 P.3d 605 (Alaska 2007). “011 provides in relevant part: 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…”
State, Dep't of Health & Soc. Servs., Div. of Fam. & Youth Servs. v. M.L.L., 61 P.3d 438 (Alaska 2002). · cites it 4× “011(10) provides in relevant part: 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 [conditions under which] the parent, guardian, or custodian’s ability to parent…”
M.W. v. State, Dep't of Health & Soc. Servs., 20 P.3d 1141 (Alaska 2001). “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; [[Image here]] (3) a custodian with whom the child has been left is unwilling or unable to provide care, supervision, or…”
A.J. v. State, Dep't of Health & Soc. Servs., 62 P.3d 609 (Alaska 2003). “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: [[Image here]] (6) the child has suffered substantial physical harm, or there is a substantial risk that the…”
Debbie G. v. State, Dep't of Health & Soc. Servs., Off. of Child.'s Servs., 132 P.3d 1168 (Alaska 2006). “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; [[Image here]] [[Image here]] (6) the child has suffered substantial physical harm, or there is a substantial risk that the…”
C.W. v. State, Dep't of Health & Soc. Servs., 23 P.3d 52 (Alaska 2001). “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.”
M.J.S. v. State, Dep't of Health & Soc. Servs., 39 P.3d 1123 (Alaska 2002). “011 provides in pertinent part: 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…”
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