Delinquency Rule 2
Rule 2. Definitions
Cite as Alaska Delinq. R. 2
(a) “Adjudication Hearing” is the proceeding, analogous
to the trial in a criminal case, in which the court or a jury
determines whether the juvenile is a delinquent minor as a
result of the minor’s violation of a criminal law of the state or
a municipality.
(b) “Admit Plea” is a plea, analogous to a guilty plea in a
criminal case, by which the juvenile admits committing acts
constituting delinquent conduct under AS 47.12.020.
(c) “Arraignment on Petition” is a proceeding, analogous
to an arraignment in a criminal case, in which the court advises
the juvenile and other parties of their rights and asks the
juvenile to enter a plea.
(d) “The Department” means the Department of Family
and Community Services of the State of Alaska.
(e) “Deny Plea” is a plea, analogous to a not guilty plea
in a criminal case, by which the juvenile requires the state to
prove the allegations of the petition for adjudication in the
adjudication hearing.
(f) “Detention” means holding in a locked or secure
facility.
(g) “Disposition Hearing” is a proceeding, analogous to a
sentencing hearing in a criminal case, in which the court
determines the appropriate disposition of a juvenile who has
been adjudicated a delinquent.
(h) “Guardian” means a legally appointed guardian of the
person of the minor.
(i) “Guardian Ad Litem” means a person appointed by
the court to represent the best interests of the juvenile in the
delinquency proceeding as distinguished from a guardian of
the person as defined in paragraph (h).
(j) “Intake Officer” means a person assigned by the
Department to perform intake functions as defined by these
rules.
(k) “Juvenile” means a person under eighteen years of
age at the time of the alleged delinquent conduct who remains
subject to the jurisdiction of the court.
(l) “Minor” means a person under eighteen years of age,
as defined by AS 25.20.010.
(m) “Parent” means a natural or adoptive parent.
(n) “Party” means the juvenile, the guardian ad litem, the
juvenile’s parents or guardian, and the Department.
(o) “Petition for Adjudication” is a document which
formally begins a delinquency proceeding and which brings
the juvenile under the jurisdiction of the court.
(p) “Probation” means releasing the juvenile into the
community subject to conditions set by the court and under the
supervision of a probation officer.
(q) “Temporary Detention Hearing” is a proceeding in
which the court determines the conditions concerning
placement of the juvenile pending the adjudication and
disposition hearings.
Note:
Chapter 70 SLA 2005 (SB 154) enacted changes
concerning proceedings relating to delinquent minors.
According to section 10 of the Act, the changes made by
sections 1-8 of the Act have the effect of amending
Delinquency Rule 2(n) by requiring the court to conform the
rule to the statutory changes to acknowledge the inclusion of
certain persons 18 years of age or over as minors under AS
47.12 and AS 47.14 and to acknowledge the special statutory
provisions contained in sections 1-8 of the Act applicable to
those persons.
Cross References
CROSS REFERENCE: AS 47.12.120(b), AS 47.12.150, AS
47.12.220, AS 47.20.290, AS 25.20.010.