Alaska Statutes
Alaska Stat. § 47.10.088 (2026)
Involuntary termination of parental rights and responsibilities
✓ current as of July 2026 Cite as: Alaska Stat. § 47.10.088 (2026)
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Sec. 47.10.088. Involuntary termination of parental rights and responsibilities.
(a) Except as provided in AS 47.10.080(o), the rights and responsibilities of the parent regarding the child may be terminated for purposes of freeing a child for adoption or other permanent placement if the court finds by clear and convincing evidence that
(1) the child has been subjected to conduct or conditions described in AS 47.10.011;
(2) the parent
(A) has not remedied the conduct or conditions in the home that place the child at substantial risk of harm; or
(B) has failed, within a reasonable time, to remedy the conduct or conditions in the home that place the child in substantial risk so that returning the child to the parent would place the child at substantial risk of physical or mental injury; and
(3) the department has complied with the provisions of AS 47.10.086 concerning reasonable efforts.
(b) In making a determination under (a)(2) of this section, the court may consider any fact relating to the best interests of the child, including
(1) the likelihood of returning the child to the parent within a reasonable time based on the child's age or needs;
(2) the amount of effort by the parent to remedy the conduct or the conditions in the home;
(3) the harm caused to the child;
(4) the likelihood that the harmful conduct will continue; and
(5) the history of conduct by or conditions created by the parent.
(c) In a proceeding under this chapter involving termination of the parental right of a parent, the court shall consider the best interests of the child.
(d) Except as provided in (e) of this section, the department shall petition for termination of a parent's rights to a child, without making further reasonable efforts, when a child is under the jurisdiction of the court under AS 47.10.010 and 47.10.011, and
(1) the child has been in foster care for at least 15 of the most recent 22 months;
(2) the court has determined that the child is abandoned under AS 47.10.013 and the child is younger than six years of age;
(3) the court has made a finding under AS 47.10.086(b) or a determination under AS 47.10.086(c) that the best interests of the child do not require further reasonable efforts by the department;
(4) a parent has made three or more attempts within a 15-month period to remedy the parent's conduct or conditions in the home without lasting change; or
(5) a parent has made no effort to remedy the parent's conduct or the conditions in the home by the time of the permanency hearing under AS 47.10.080(l).
(e) If one or more of the conditions listed in (d) of this section are present, the department shall petition for termination of the parental rights to a child unless the department
(1) has documented a compelling reason for determining that filing the petition would not be in the best interests of the child; a compelling reason under this paragraph may include care by a relative for the child; or
(2) is required to make reasonable efforts under AS 47.10.086 and the department has not provided to the parent, consistent with the time period in the department's case plan, the family support services that the department has determined are necessary for the safe return of the child to the home.
(f) A child is considered to have entered foster care under this chapter on the earlier of
(1) the date of the first judicial finding of child abuse or neglect; or
(2) 60 days after the date of removal of the child from the child's home under this chapter.
(g) This section does not preclude the department from filing a petition to terminate the parental rights and responsibilities to a child for other reasons, or at an earlier time than those specified in (d) of this section, if the department determines that filing a petition is in the best interests of the child.
(h) The court may order the termination of parental rights and responsibilities of one or both parents under AS 47.10.080(c)(3) and commit the child to the custody of the department. The rights of one parent may be terminated without affecting the rights of the other parent.
(i) The department shall concurrently identify, recruit, process, and approve a qualified person or family for an adoption whenever a petition to terminate a parent's rights to a child is filed. Before identifying a placement of the child in an adoptive home, the department shall attempt to locate all living adult family members of the child and, if an adult family member expresses an interest in adopting the child, investigate the adult family member's ability to care for the child. The department shall provide to all adult family members of the child located by the department written notice of the adult family members' rights under this chapter and of the procedures necessary to gain custody of the child, but the department's obligation to provide written notice under this subsection does not apply to a parent of the child whose parental rights are being or have been terminated or to an adult family member who is known by the department to be ineligible for a foster care license under AS 47.32 and regulations adopted under AS 47.32. If an adult family member of the child requests that the department approve the adult family member for an adoption, the department shall approve the request unless there is good cause not to approve the adoption. If the court issues an order to terminate under (j) of this section, the department shall report within 30 days on the efforts being made to recruit a permanent placement for the child if a permanent placement was not approved at the time of the trial under (j) of this section. The report must document recruitment efforts made for the child.
(j) No later than six months after the date on which the petition to terminate parental rights is filed, the court before which the petition is pending shall hold a trial on the petition unless the court finds that good cause is shown for a continuance. When determining whether to grant a continuance for good cause, the court shall take into consideration the age of the child and the potential adverse effect that the delay may have on the child. The court shall make written findings when granting a continuance.
(k) The court shall issue an order on the petition to terminate within 90 days after the last day of the trial on the petition to terminate parental rights.
(a) Except as provided in AS 47.10.080(o), the rights and responsibilities of the parent regarding the child may be terminated for purposes of freeing a child for adoption or other permanent placement if the court finds by clear and convincing evidence that
(1) the child has been subjected to conduct or conditions described in AS 47.10.011;
(2) the parent
(A) has not remedied the conduct or conditions in the home that place the child at substantial risk of harm; or
(B) has failed, within a reasonable time, to remedy the conduct or conditions in the home that place the child in substantial risk so that returning the child to the parent would place the child at substantial risk of physical or mental injury; and
(3) the department has complied with the provisions of AS 47.10.086 concerning reasonable efforts.
(b) In making a determination under (a)(2) of this section, the court may consider any fact relating to the best interests of the child, including
(1) the likelihood of returning the child to the parent within a reasonable time based on the child's age or needs;
(2) the amount of effort by the parent to remedy the conduct or the conditions in the home;
(3) the harm caused to the child;
(4) the likelihood that the harmful conduct will continue; and
(5) the history of conduct by or conditions created by the parent.
(c) In a proceeding under this chapter involving termination of the parental right of a parent, the court shall consider the best interests of the child.
(d) Except as provided in (e) of this section, the department shall petition for termination of a parent's rights to a child, without making further reasonable efforts, when a child is under the jurisdiction of the court under AS 47.10.010 and 47.10.011, and
(1) the child has been in foster care for at least 15 of the most recent 22 months;
(2) the court has determined that the child is abandoned under AS 47.10.013 and the child is younger than six years of age;
(3) the court has made a finding under AS 47.10.086(b) or a determination under AS 47.10.086(c) that the best interests of the child do not require further reasonable efforts by the department;
(4) a parent has made three or more attempts within a 15-month period to remedy the parent's conduct or conditions in the home without lasting change; or
(5) a parent has made no effort to remedy the parent's conduct or the conditions in the home by the time of the permanency hearing under AS 47.10.080(l).
(e) If one or more of the conditions listed in (d) of this section are present, the department shall petition for termination of the parental rights to a child unless the department
(1) has documented a compelling reason for determining that filing the petition would not be in the best interests of the child; a compelling reason under this paragraph may include care by a relative for the child; or
(2) is required to make reasonable efforts under AS 47.10.086 and the department has not provided to the parent, consistent with the time period in the department's case plan, the family support services that the department has determined are necessary for the safe return of the child to the home.
(f) A child is considered to have entered foster care under this chapter on the earlier of
(1) the date of the first judicial finding of child abuse or neglect; or
(2) 60 days after the date of removal of the child from the child's home under this chapter.
(g) This section does not preclude the department from filing a petition to terminate the parental rights and responsibilities to a child for other reasons, or at an earlier time than those specified in (d) of this section, if the department determines that filing a petition is in the best interests of the child.
(h) The court may order the termination of parental rights and responsibilities of one or both parents under AS 47.10.080(c)(3) and commit the child to the custody of the department. The rights of one parent may be terminated without affecting the rights of the other parent.
(i) The department shall concurrently identify, recruit, process, and approve a qualified person or family for an adoption whenever a petition to terminate a parent's rights to a child is filed. Before identifying a placement of the child in an adoptive home, the department shall attempt to locate all living adult family members of the child and, if an adult family member expresses an interest in adopting the child, investigate the adult family member's ability to care for the child. The department shall provide to all adult family members of the child located by the department written notice of the adult family members' rights under this chapter and of the procedures necessary to gain custody of the child, but the department's obligation to provide written notice under this subsection does not apply to a parent of the child whose parental rights are being or have been terminated or to an adult family member who is known by the department to be ineligible for a foster care license under AS 47.32 and regulations adopted under AS 47.32. If an adult family member of the child requests that the department approve the adult family member for an adoption, the department shall approve the request unless there is good cause not to approve the adoption. If the court issues an order to terminate under (j) of this section, the department shall report within 30 days on the efforts being made to recruit a permanent placement for the child if a permanent placement was not approved at the time of the trial under (j) of this section. The report must document recruitment efforts made for the child.
(j) No later than six months after the date on which the petition to terminate parental rights is filed, the court before which the petition is pending shall hold a trial on the petition unless the court finds that good cause is shown for a continuance. When determining whether to grant a continuance for good cause, the court shall take into consideration the age of the child and the potential adverse effect that the delay may have on the child. The court shall make written findings when granting a continuance.
(k) The court shall issue an order on the petition to terminate within 90 days after the last day of the trial on the petition to terminate parental rights.
Notes of Decisions
Cited in 288
cases (68 in the last 5 years), 2000–2026 · leading case: Joy B. v. State, Dept. of Health & Social Services, Office of Children's Services
Joy B. v. State, Dept. of Health & Social Services, Office of Children's Services (2016)
“” The superior court accordingly ordered that Joy’s and Drake’s parental rights be terminated with respect to Alyse and Arian-na under AS 47.10.088. The court also ordered that reasonable efforts were no longer required under AS 47.”
Jeff AC, Jr. v. State (2005)
“In fact, they necessarily included all the required elements of a CINA adjudication: given CINA provisions cited in the petition for termination and the evidence outlined in the state's pretrial memorandum, the court could not have found a basis for terminating Jeff's parental…”
Martin N. v. State, Department of Health & Social Services, Division of Family & Youth Services (2003)
“INTRODUCTION A father appeals the decision of the superi- or court terminating his parental rights under AS 47.10.088 and denying his request to stay termination proceedings until the Alaska Division of Family and Youth Services investigates possible placement of his infant…”
Frank E. v. State, Department of Health & Social Services, Division of Family & Youth Services (2003)
“Frank also appeals the termination of his parental rights under AS 47.10.088, arguing that the superior court erred in finding that the state made reasonable efforts to reunify him and his children, and in its consideration of the best interests of his children.”
Thea G. v. State, Department of Health & Social Services, Office of Children's Services (2013)
“086; AS 47.10.088. -29- 6742 based on the best interests of children in general, but not these particular children.”
Jon S. v. State, Department of Health & Social Services, Office of Children's Services (2009)
“[3] The Anchorage supervisor stated that such a transfer would "not really fit policy.”
T.F. v. State, Department of Health & Social Services (2001)
“[10] But as the State correctly argues, the AS 47.10.088 factors for termination of parental rights govern and refute S.”
Sean B. v. State, Department of Health & Social Services (2011)
“In order to terminate parental rights under AS 47.10.088, the trial court must find, by clear and convincing evidence, that: (1) the child has been subjected to conduct or conditions described in AS 47.”
Chloe v. State, Department of Health & Social Services, Office of Children's Services (2014)
“”11 7 AS 47.10.088(a)(1); CINA Rule 18(c)(1)(A).”
Barbara P. v. State, Department of Health & Social Services (2010)
“Barbara argues that the superior court erred by failing to consider the best interest factors enumerated in AS 47.10.088, 53 which she contends weigh against termination.”
Sherman B. v. State, Department of Health & Social Services (2012)
“DISCUSSION To terminate parental rights under AS 47.10.088, a superior court must make three findings by clear and convincing evidence.”
Lucy J. v. State, Department of Health & Social Services, Office of Children's Services (2010)
“AS 47.10.088(a)(1); CINA Rule 18(c)(1)(A).”
— Alaska Stat. § 47.10.088(1) — 2 cases
Evans v. McTaggart (2004)
— Alaska Stat. § 47.10.088(2) — 1 case
— Alaska Stat. § 47.10.088(F) — 1 case
N.A. v. State (2001)
— Alaska Stat. § 47.10.088(a) — 68 cases
Jeff AC, Jr. v. State (2005)
“In fact, they necessarily included all the required elements of a CINA adjudication: given CINA provisions cited in the petition for termination and the evidence outlined in the state's pretrial memorandum, the court could not have found a basis for terminating Jeff's parental…”
Jon S. v. State, Department of Health & Social Services, Office of Children's Services (2009)
“[3] The Anchorage supervisor stated that such a transfer would "not really fit policy.”
— Alaska Stat. § 47.10.088(a)(1) — 70 cases
Jon S. v. State, Department of Health & Social Services, Office of Children's Services (2009)
“[3] The Anchorage supervisor stated that such a transfer would "not really fit policy.”
Chloe v. State, Department of Health & Social Services, Office of Children's Services (2014)
“”11 7 AS 47.10.088(a)(1); CINA Rule 18(c)(1)(A).”
Barbara P. v. State, Department of Health & Social Services (2010)
“Barbara argues that the superior court erred by failing to consider the best interest factors enumerated in AS 47.10.088, 53 which she contends weigh against termination.”
— Alaska Stat. § 47.10.088(a)(1)(4) — 1 case
— Alaska Stat. § 47.10.088(a)(1)(A) — 18 cases
Jeff AC, Jr. v. State (2005)
“In fact, they necessarily included all the required elements of a CINA adjudication: given CINA provisions cited in the petition for termination and the evidence outlined in the state's pretrial memorandum, the court could not have found a basis for terminating Jeff's parental…”
T.F. v. State, Department of Health & Social Services (2001)
“[10] But as the State correctly argues, the AS 47.10.088 factors for termination of parental rights govern and refute S.”
Rick P. v. State, Ocs (2005)
Sean B. v. State, Department of Health & Social Services (2011)
“In order to terminate parental rights under AS 47.10.088, the trial court must find, by clear and convincing evidence, that: (1) the child has been subjected to conduct or conditions described in AS 47.”
— Alaska Stat. § 47.10.088(a)(1)(A4) — 1 case
— Alaska Stat. § 47.10.088(a)(1)(B) — 23 cases
Martin N. v. State, Department of Health & Social Services, Division of Family & Youth Services (2003)
“INTRODUCTION A father appeals the decision of the superi- or court terminating his parental rights under AS 47.10.088 and denying his request to stay termination proceedings until the Alaska Division of Family and Youth Services investigates possible placement of his infant…”
Jeff AC, Jr. v. State (2005)
“In fact, they necessarily included all the required elements of a CINA adjudication: given CINA provisions cited in the petition for termination and the evidence outlined in the state's pretrial memorandum, the court could not have found a basis for terminating Jeff's parental…”
— Alaska Stat. § 47.10.088(a)(1)(B)(M) — 1 case
— Alaska Stat. § 47.10.088(a)(1)(B)(i) — 4 cases
STANLEY B. v. State, DFYS (2004)
CW v. State (2001)
— Alaska Stat. § 47.10.088(a)(1)(B)(ii) — 5 cases
T.F. v. State, Department of Health & Social Services (2001)
“[10] But as the State correctly argues, the AS 47.10.088 factors for termination of parental rights govern and refute S.”
— Alaska Stat. § 47.10.088(a)(2) — 84 cases
Jon S. v. State, Department of Health & Social Services, Office of Children's Services (2009)
“[3] The Anchorage supervisor stated that such a transfer would "not really fit policy.”
Frank E. v. State, Department of Health & Social Services, Division of Family & Youth Services (2003)
“Frank also appeals the termination of his parental rights under AS 47.10.088, arguing that the superior court erred in finding that the state made reasonable efforts to reunify him and his children, and in its consideration of the best interests of his children.”
Joy B. v. State, Dept. of Health & Social Services, Office of Children's Services (2016)
“” The superior court accordingly ordered that Joy’s and Drake’s parental rights be terminated with respect to Alyse and Arian-na under AS 47.10.088. The court also ordered that reasonable efforts were no longer required under AS 47.”
Sean B. v. State, Department of Health & Social Services (2011)
“In order to terminate parental rights under AS 47.10.088, the trial court must find, by clear and convincing evidence, that: (1) the child has been subjected to conduct or conditions described in AS 47.”
— Alaska Stat. § 47.10.088(a)(2)(A) — 26 cases
Barbara P. v. State, Department of Health & Social Services (2010)
“Barbara argues that the superior court erred by failing to consider the best interest factors enumerated in AS 47.10.088, 53 which she contends weigh against termination.”
Sherman B. v. State, Department of Health & Social Services (2012)
“DISCUSSION To terminate parental rights under AS 47.10.088, a superior court must make three findings by clear and convincing evidence.”
— Alaska Stat. § 47.10.088(a)(2)(B) — 39 cases
Barbara P. v. State, Department of Health & Social Services (2010)
“Barbara argues that the superior court erred by failing to consider the best interest factors enumerated in AS 47.10.088, 53 which she contends weigh against termination.”
— Alaska Stat. § 47.10.088(a)(2)(b) — 1 case
— Alaska Stat. § 47.10.088(a)(3) — 56 cases
Marcia v. v. State (2009)
Barbara P. v. State, Department of Health & Social Services (2010)
“Barbara argues that the superior court erred by failing to consider the best interest factors enumerated in AS 47.10.088, 53 which she contends weigh against termination.”
— Alaska Stat. § 47.10.088(a)(8) — 1 case
— Alaska Stat. § 47.10.088(a)(l)(B)(i) — 1 case
STANLEY B. v. State, DFYS (2004)
— Alaska Stat. § 47.10.088(a)(l)(B)(ii) — 3 cases
Rick P. v. State, Ocs (2005)
— Alaska Stat. § 47.10.088(b) — 122 cases
Joy B. v. State, Dept. of Health & Social Services, Office of Children's Services (2016)
“” The superior court accordingly ordered that Joy’s and Drake’s parental rights be terminated with respect to Alyse and Arian-na under AS 47.10.088. The court also ordered that reasonable efforts were no longer required under AS 47.”
Thea G. v. State, Department of Health & Social Services, Office of Children's Services (2013)
“086; AS 47.10.088. -29- 6742 based on the best interests of children in general, but not these particular children.”
Chloe v. State, Department of Health & Social Services, Office of Children's Services (2014)
“”11 7 AS 47.10.088(a)(1); CINA Rule 18(c)(1)(A).”
T.F. v. State, Department of Health & Social Services (2001)
“[10] But as the State correctly argues, the AS 47.10.088 factors for termination of parental rights govern and refute S.”
Angelica C. v. Jonathan C. (2022)
— Alaska Stat. § 47.10.088(b)(1) — 29 cases
T.F. v. State, Department of Health & Social Services (2001)
“[10] But as the State correctly argues, the AS 47.10.088 factors for termination of parental rights govern and refute S.”
Joy B. v. State, Dept. of Health & Social Services, Office of Children's Services (2016)
“” The superior court accordingly ordered that Joy’s and Drake’s parental rights be terminated with respect to Alyse and Arian-na under AS 47.10.088. The court also ordered that reasonable efforts were no longer required under AS 47.”
— Alaska Stat. § 47.10.088(b)(2) — 12 cases
T.F. v. State, Department of Health & Social Services (2001)
“[10] But as the State correctly argues, the AS 47.10.088 factors for termination of parental rights govern and refute S.”
Joy B. v. State, Dept. of Health & Social Services, Office of Children's Services (2016)
“” The superior court accordingly ordered that Joy’s and Drake’s parental rights be terminated with respect to Alyse and Arian-na under AS 47.10.088. The court also ordered that reasonable efforts were no longer required under AS 47.”
— Alaska Stat. § 47.10.088(b)(3) — 6 cases
Joy B. v. State, Dept. of Health & Social Services, Office of Children's Services (2016)
“” The superior court accordingly ordered that Joy’s and Drake’s parental rights be terminated with respect to Alyse and Arian-na under AS 47.10.088. The court also ordered that reasonable efforts were no longer required under AS 47.”
Kia H. v. State of Alaska, Department of Health & Social Services, Office of Children's Services (2023)
— Alaska Stat. § 47.10.088(b)(4) — 11 cases
Joy B. v. State, Dept. of Health & Social Services, Office of Children's Services (2016)
“” The superior court accordingly ordered that Joy’s and Drake’s parental rights be terminated with respect to Alyse and Arian-na under AS 47.10.088. The court also ordered that reasonable efforts were no longer required under AS 47.”
Lucy J. v. State, Department of Health & Social Services, Office of Children's Services (2010)
“AS 47.10.088(a)(1); CINA Rule 18(c)(1)(A).”
Angelica C. v. Jonathan C. (2022)
— Alaska Stat. § 47.10.088(b)(5) — 9 cases
Lucy J. v. State, Department of Health & Social Services, Office of Children's Services (2010)
“AS 47.10.088(a)(1); CINA Rule 18(c)(1)(A).”
Kia H. v. State of Alaska, Department of Health & Social Services, Office of Children's Services (2023)
Wyatt W. (Father) v. State of Alaska, DHSS, OCS, Trena S.(Mother) v. State of Alaska, DHSS, OCS (2018)
— Alaska Stat. § 47.10.088(c) — 104 cases
Chloe v. State, Department of Health & Social Services, Office of Children's Services (2014)
“”11 7 AS 47.10.088(a)(1); CINA Rule 18(c)(1)(A).”
Thea G. v. State, Department of Health & Social Services, Office of Children's Services (2013)
“086; AS 47.10.088. -29- 6742 based on the best interests of children in general, but not these particular children.”
Joy B. v. State, Dept. of Health & Social Services, Office of Children's Services (2016)
“” The superior court accordingly ordered that Joy’s and Drake’s parental rights be terminated with respect to Alyse and Arian-na under AS 47.10.088. The court also ordered that reasonable efforts were no longer required under AS 47.”
Lucy J. v. State, Department of Health & Social Services, Office of Children's Services (2010)
“AS 47.10.088(a)(1); CINA Rule 18(c)(1)(A).”
— Alaska Stat. § 47.10.088(d) — 17 cases
Jeff AC, Jr. v. State (2005)
“In fact, they necessarily included all the required elements of a CINA adjudication: given CINA provisions cited in the petition for termination and the evidence outlined in the state's pretrial memorandum, the court could not have found a basis for terminating Jeff's parental…”
Martin N. v. State, Department of Health & Social Services, Division of Family & Youth Services (2003)
“INTRODUCTION A father appeals the decision of the superi- or court terminating his parental rights under AS 47.10.088 and denying his request to stay termination proceedings until the Alaska Division of Family and Youth Services investigates possible placement of his infant…”
— Alaska Stat. § 47.10.088(d)(1) — 8 cases
Martin N. v. State, Department of Health & Social Services, Division of Family & Youth Services (2003)
“INTRODUCTION A father appeals the decision of the superi- or court terminating his parental rights under AS 47.10.088 and denying his request to stay termination proceedings until the Alaska Division of Family and Youth Services investigates possible placement of his infant…”
Annette H. v. State of Alaska, Department of Health & Social Services, Office of Children's Services (2019)
— Alaska Stat. § 47.10.088(e) — 2 cases
— Alaska Stat. § 47.10.088(f) — 8 cases
N.A. v. State (2001)
NA v. State (2001)
— Alaska Stat. § 47.10.088(g) — 4 cases
Jeff AC, Jr. v. State (2005)
“In fact, they necessarily included all the required elements of a CINA adjudication: given CINA provisions cited in the petition for termination and the evidence outlined in the state's pretrial memorandum, the court could not have found a basis for terminating Jeff's parental…”
Josiah M. (Father) v. State of Alaska, DHSS, OCS, Judy P. (Mother) v. State of Alaska, DHSS, OCS (2020)
— Alaska Stat. § 47.10.088(h) — 5 cases
— Alaska Stat. § 47.10.088(i) — 5 cases
Alfred J. v. State of Alaska, Department of Health & Social Services, Office of Children's Services (2019)
— Alaska Stat. § 47.10.088(j) — 7 cases
— Alaska Stat. § 47.10.088(k) — 3 cases
— Alaska Stat. § 47.10.088(o) — 1 case
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