Alaska Stat. § 47.10.084
Legal custody, guardianship, and residual parental rights and responsibilities
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Sec. 47.10.084. Legal custody, guardianship, and residual parental rights and responsibilities.
(a) When a child is committed under AS 47.10.080(c)(1) to the department, released under AS 47.10.080(c)(2) to the child's parents, guardian, or other suitable person, or committed to the department or to a legally appointed guardian of the person of the child under AS 47.10.080(c)(3), a relationship of legal custody exists. This relationship imposes on the department and its authorized agents or the parents, guardian, or other suitable person the responsibility of physical care and control of the child, the determination of where and with whom the child shall live, the right and duty to protect, nurture, train, and discipline the child, the duty of providing the child with food, shelter, education, and medical care, and the right and responsibility to make decisions of financial significance concerning the child. These obligations are subject to any residual parental rights and responsibilities and rights and responsibilities of a guardian if one has been appointed. When a child is committed to the department and the department places the child with the child's parent, the parent has the responsibility to provide and pay for food, shelter, education, and medical care for the child. When parental rights have been terminated, or there are no living parents and no guardian has been appointed, the responsibilities of legal custody include those in (b) and (c) of this section. The department or person having legal custody of the child may delegate any of the responsibilities under this section, except authority to consent to marriage, adoption, and military enlistment may not be delegated. For purposes of this chapter, a person in charge of a placement setting is an agent of the department.
(b) When a guardian is appointed for the child, the court shall specify in its order the rights and responsibilities of the guardian. The guardian may be removed only by court order. The rights and responsibilities may include, but are not limited to, having the right and responsibility of reasonable visitation, consenting to marriage, consenting to military enlistment, consenting to major medical treatment, obtaining representation for the child in legal actions, and making decisions of legal or financial significance concerning the child.
(c) When there has been transfer of legal custody or appointment of a guardian and parental rights have not been terminated by court decree, the parents shall have residual rights and responsibilities. These residual rights and responsibilities of the parent include, but are not limited to, the right and responsibility of reasonable visitation, consent to adoption, consent to marriage, consent to military enlistment, consent to major medical treatment except in cases of emergency or cases falling under AS 25.20.025, and the responsibility for support, except if by court order any residual right and responsibility has been delegated to a guardian under (b) of this section. In this subsection, “major medical treatment” includes the administration of medication used to treat a mental health disorder.
(d) When the child is placed in foster care, the foster parent has the right and responsibility to use a reasonable and prudent parent standard to make decisions relating to the child. The foster parent may make decisions under (a) or (b) of this section that include decisions relating to the child's participation in age-appropriate or developmentally appropriate activities, including travel, sports, field trips, overnight activities, and extracurricular, enrichment, cultural, and social activities. The department shall provide foster parents with training regarding the reasonable and prudent parent standard. In this subsection, “reasonable and prudent parent standard” means a standard characterized by careful and sensible decisions to maintain the health, safety, and best interests of the child while encouraging the emotional and developmental growth of the child.
(a) When a child is committed under AS 47.10.080(c)(1) to the department, released under AS 47.10.080(c)(2) to the child's parents, guardian, or other suitable person, or committed to the department or to a legally appointed guardian of the person of the child under AS 47.10.080(c)(3), a relationship of legal custody exists. This relationship imposes on the department and its authorized agents or the parents, guardian, or other suitable person the responsibility of physical care and control of the child, the determination of where and with whom the child shall live, the right and duty to protect, nurture, train, and discipline the child, the duty of providing the child with food, shelter, education, and medical care, and the right and responsibility to make decisions of financial significance concerning the child. These obligations are subject to any residual parental rights and responsibilities and rights and responsibilities of a guardian if one has been appointed. When a child is committed to the department and the department places the child with the child's parent, the parent has the responsibility to provide and pay for food, shelter, education, and medical care for the child. When parental rights have been terminated, or there are no living parents and no guardian has been appointed, the responsibilities of legal custody include those in (b) and (c) of this section. The department or person having legal custody of the child may delegate any of the responsibilities under this section, except authority to consent to marriage, adoption, and military enlistment may not be delegated. For purposes of this chapter, a person in charge of a placement setting is an agent of the department.
(b) When a guardian is appointed for the child, the court shall specify in its order the rights and responsibilities of the guardian. The guardian may be removed only by court order. The rights and responsibilities may include, but are not limited to, having the right and responsibility of reasonable visitation, consenting to marriage, consenting to military enlistment, consenting to major medical treatment, obtaining representation for the child in legal actions, and making decisions of legal or financial significance concerning the child.
(c) When there has been transfer of legal custody or appointment of a guardian and parental rights have not been terminated by court decree, the parents shall have residual rights and responsibilities. These residual rights and responsibilities of the parent include, but are not limited to, the right and responsibility of reasonable visitation, consent to adoption, consent to marriage, consent to military enlistment, consent to major medical treatment except in cases of emergency or cases falling under AS 25.20.025, and the responsibility for support, except if by court order any residual right and responsibility has been delegated to a guardian under (b) of this section. In this subsection, “major medical treatment” includes the administration of medication used to treat a mental health disorder.
(d) When the child is placed in foster care, the foster parent has the right and responsibility to use a reasonable and prudent parent standard to make decisions relating to the child. The foster parent may make decisions under (a) or (b) of this section that include decisions relating to the child's participation in age-appropriate or developmentally appropriate activities, including travel, sports, field trips, overnight activities, and extracurricular, enrichment, cultural, and social activities. The department shall provide foster parents with training regarding the reasonable and prudent parent standard. In this subsection, “reasonable and prudent parent standard” means a standard characterized by careful and sensible decisions to maintain the health, safety, and best interests of the child while encouraging the emotional and developmental growth of the child.
Notes of Decisions
Cited in 65
cases (17 in the last 5 years), 1984–2026 · leading case: Blake J. v. State of Alaska, Department of Health & Social Services, Office of Children's Services Philip Kaufman John D
Blake J. v. State of Alaska, Department of Health & Social Services, Office of Children's Services Philip Kaufman John D (2024)
“OCS’s obligations under AS 47.10.084 do not create an exception to the statute of limitations.”
Native Village of Kwinhagak v. State of Alaska, DHSS, OCS (2024)
“34 Although the Tribe argues that OCS cannot exercise this authority without invoking the civil commitment statutes, those statutes do not purport to limit OCS’s legal custody and authority under AS 47.10.084. The civil commitment statutes (with one exception we will address…”
Jude M. v. State, Department of Health & Social Services, Office of Children's Services (2017)
“24 AS 47.10.084(a) (“[The relationship of legal custody] imposes on [OCS] the responsibility of physical care and control of the child, the determination of where and with whom the child shall live, the right and duty to protect, nurture, train, and discipline the child, [and]…”
Jon S. v. State, Department of Health & Social Services, Office of Children's Services (2009)
“[28] Jon also argues that OCS failed to meet its active efforts burden because it de facto terminated his AS 47.10.084(c) right of reasonable visitation by failing to provide reasonable visitation between April and August 2006.”
Kiva O. v. State, Dept. of Health & Social Services, Office of Children's Services (2018)
“Our review of AS 47.10.084 convinces us that its express recognition of the parent’s residual right “to consent to major medical treatment” does not signal a weakening of the fundamental constitutional right.”
Duke S. v. State, Dept. of Health & Social Services, Office of Children's Services (2018)
“27 AS 47.10.084(a). 28 The OCS caseworker who testified at the termination trial conceded that a paucity of visitation due to OCS's overstretched resources "may feel like a punishment to the parents" but did not amount to "neglect to the kids, no.”
Raymond Dapo v. State of Alaska, Office of Children's Services and Taun Lucas (2019)
“By deciding that Lucas’s apportionment claim may fall within these two exceptions to the statute of repose, we do not mean to preclude summary judgment if the superior court determines that “no reasonable person could discern a genuine factual dispute on a material issue.”
Thea G. v. State, Department of Health & Social Services, Office of Children's Services (2013)
“083 (gradual reunification); AS 47.10.084 (legal custody and (continued.”
In Re the Adoption of Missy M. (2006)
“AS 47.10.084(a). 18 . When a statute explicitly mandates the child protection agency's consent, other jurisdictions have come to mixed conclusions as to whether a court may override that consent and grant the adoption in the best interests of the child.”
Fardig v. Fardig (2002)
“" AS 47.10.084(c). It follows that a similar residual right of reasonable visitation should exist in private custody proceedings since parents in such proceedings are no less deserving of contact with their children than parents of children whose custody has been committed to…”
Ted W. v. State, Department of Health & Social Services, Office of Children's Services (2009)
“" And the ability to withdraw a temporary transfer of physical custody of a child is "of the same order of importance as" those provided as examples in AS 47.10.084. 21 Because the only basis for Ted's status as an Indian custodian was Joanne's temporary transfer, because she…”
Charles S. v. Department of Health & Social Services , Office of Children's Services (2019)
“AS 47.10.084(c) ; see also Duke S. v. Dep't of Health & Soc.”
— Alaska Stat. § 47.10.084(a) — 30 cases
Blake J. v. State of Alaska, Department of Health & Social Services, Office of Children's Services Philip Kaufman John D (2024)
“OCS’s obligations under AS 47.10.084 do not create an exception to the statute of limitations.”
Native Village of Kwinhagak v. State of Alaska, DHSS, OCS (2024)
“34 Although the Tribe argues that OCS cannot exercise this authority without invoking the civil commitment statutes, those statutes do not purport to limit OCS’s legal custody and authority under AS 47.10.084. The civil commitment statutes (with one exception we will address…”
Jude M. v. State, Department of Health & Social Services, Office of Children's Services (2017)
“24 AS 47.10.084(a) (“[The relationship of legal custody] imposes on [OCS] the responsibility of physical care and control of the child, the determination of where and with whom the child shall live, the right and duty to protect, nurture, train, and discipline the child, [and]…”
Kiva O. v. State, Dept. of Health & Social Services, Office of Children's Services (2018)
“Our review of AS 47.10.084 convinces us that its express recognition of the parent’s residual right “to consent to major medical treatment” does not signal a weakening of the fundamental constitutional right.”
Duke S. v. State, Dept. of Health & Social Services, Office of Children's Services (2018)
“27 AS 47.10.084(a). 28 The OCS caseworker who testified at the termination trial conceded that a paucity of visitation due to OCS's overstretched resources "may feel like a punishment to the parents" but did not amount to "neglect to the kids, no.”
— Alaska Stat. § 47.10.084(b) — 3 cases
Blake J. v. State of Alaska, Department of Health & Social Services, Office of Children's Services Philip Kaufman John D (2024)
“OCS’s obligations under AS 47.10.084 do not create an exception to the statute of limitations.”
Native Village of Kwinhagak v. State of Alaska, DHSS, OCS (2024)
“34 Although the Tribe argues that OCS cannot exercise this authority without invoking the civil commitment statutes, those statutes do not purport to limit OCS’s legal custody and authority under AS 47.10.084. The civil commitment statutes (with one exception we will address…”
Matter of DP (1993)
— Alaska Stat. § 47.10.084(c) — 39 cases
Jon S. v. State, Department of Health & Social Services, Office of Children's Services (2009)
“[28] Jon also argues that OCS failed to meet its active efforts burden because it de facto terminated his AS 47.10.084(c) right of reasonable visitation by failing to provide reasonable visitation between April and August 2006.”
Jude M. v. State, Department of Health & Social Services, Office of Children's Services (2017)
“24 AS 47.10.084(a) (“[The relationship of legal custody] imposes on [OCS] the responsibility of physical care and control of the child, the determination of where and with whom the child shall live, the right and duty to protect, nurture, train, and discipline the child, [and]…”
Kiva O. v. State, Dept. of Health & Social Services, Office of Children's Services (2018)
“Our review of AS 47.10.084 convinces us that its express recognition of the parent’s residual right “to consent to major medical treatment” does not signal a weakening of the fundamental constitutional right.”
Fardig v. Fardig (2002)
“" AS 47.10.084(c). It follows that a similar residual right of reasonable visitation should exist in private custody proceedings since parents in such proceedings are no less deserving of contact with their children than parents of children whose custody has been committed to…”
Blake J. v. State of Alaska, Department of Health & Social Services, Office of Children's Services Philip Kaufman John D (2024)
“OCS’s obligations under AS 47.10.084 do not create an exception to the statute of limitations.”
— Alaska Stat. § 47.10.084(d) — 3 cases
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