Statute: §§ 47.10.011; 47.10.080(c)(3),(o); 47.10.088(a)-(h)

Circumstances That Are Grounds for Termination
Abandonment or Extreme Parental Disinterest

Abuse/Neglect

Mental Illness or Deficiency

Alcohol or Drug Induced Incapacity

Felony Conviction/Incarceration

Failure of Reasonable Efforts

Abuse/Neglect or Loss of Rights of Another Child

Sexual Abuse

Child Judged in Need of Services/Dependent

Child's Best Interest

Child in care 15 of 22 months (or less)

Felony assault of child or sibling

Murder/Manslaughter of sibling child

Circumstances That Are Not Grounds for Termination

Failure to Maintain Contact

Failure to Provide Support

Failure to Establish Paternity

Alaska Stat. § 47.10.080(c)(3), (o) (Lexis, WESTLAW through Alaska 2003 Legis. Serv., Ch. 35)

If the court finds that the child is a child in need of aid, the court shall order, under the grounds specified below, the termination of parental rights and responsibilities of one or both parents and commit the child to the custody of the department.

For purposes of terminating a parent's parental rights, the court may determine that incarceration of the parent is sufficient grounds for determining that a child is a child in need of aid as a result of parental conduct and that the parental rights of the incarcerated parent should be terminated if the court finds, based on clear and convincing evidence, that:

The period of incarceration that the parent is scheduled to serve during the child's minority is significant considering the child's age and need for an adult's care and supervision;

There is not another parent willing and able to care for the child; and
The incarcerated parent has failed to make adequate provisions for care of the child during the period of incarceration that will be during the child's minority.

Alaska Stat. § 47.10.088(a)-(h) (Michie Supp. 1998)

Except as provided above, 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:

The child has been subjected to conduct or conditions described in § 47.10.011; and

The parent has not remedied the conduct or conditions in the home that place the child at substantial risk of harm; or 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 by preponderance of the evidence that the department has complied with the provisions of the law concerning reasonable efforts.

In making a determination, the court may consider any fact relating to the best interests of the child, including the likelihood of returning the child to the parent within a reasonable time based on the child's age or needs; the amount of effort by the parent to remedy the conduct or the conditions in the home; the harm caused to the child; the likelihood that the harmful conduct will continue; and the history of conduct by or conditions created by the parent.

Except as provided below, 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, and:

The child has been in foster care for at least 15 of the most recent 22 months;

The court has determined that the child is abandoned and the child is younger than 6 years of age;

The court has made a determination that the best interests of the child do not require further reasonable efforts by the department;

A parent has made 3 or more attempts within a 15-month period to remedy the parent's conduct or conditions in the home without lasting change; or

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.

If one or more of the conditions listed above are present, the department shall petition for termination of the parental rights to a child unless the department has documented a compelling reason for determining that filing the petition would not be in the best interests of the child; or is required to make reasonable efforts and has not provided to the parent, consistent with the time period in the case plan, the family support services that the department has determined are necessary for the safe return of the child to the home.

A child is considered to have entered foster care on the earlier of the date of the first judicial finding of child abuse or neglect, or 60 days after the date of removal of the child from the child's home.

The court may order the termination of parental rights and responsibilities of one or both parents 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.

Alaska Stat. § 47.10.011 (Michie Supp. 1998)

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:

A parent or guardian has abandoned the child 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;

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, and the incarcerated parent has not made adequate arrangements for the child;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;

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;

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;

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;

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 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, 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;

Conduct by or conditions created by the parent, guardian, or custodian have resulted in mental injury to the child; or placed the child at substantial risk of mental injury as a result of a pattern of rejecting, terrorizing, ignoring, isolating, or corrupting behavior that would, if continued, result in mental injury; or exposure or repeated exposure to conduct by a household member against another household member that is a crime;

Conduct by or conditions created by the parent, guardian, or custodian have subjected the child or another child in the same household to neglect;

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;

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;

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