Rule 21. Adjudication Hearing

(a) Nature of Proceeding. The adjudication hearing is a trial on the merits of the petition for adjudication. The court will decide the merits of the case unless the juvenile requests a trial by jury. Except for good cause shown, the juvenile must request a jury trial no later than 20 days before any scheduled trial date. The department may not request an adjudication by jury. (b) Juries. The jury will consist of twelve persons unless at any time prior to the verdict the parties stipulate in writing, with the approval of the court, to any number of jurors less than twelve. The verdict of the jury must be unanimous. (c) Venue. Venue for an adjudication by jury is determined by the law of venue applicable to trials by jury in criminal proceedings. (d) Judgment. (1) At the conclusion of the adjudication hearing, the court shall enter a judgment that the juvenile is not delinquent or, if the court or the jury finds that the juvenile committed one or more delinquent acts alleged in the petition, either: (A) enter a judgment that the minor is delinquent; or (B) issue an order that the matter be held in abeyance for a stated period of time not to exceed two years. The court may dismiss the case at the expiration of this period of time if dismissal will promote the interests of the public and the welfare of the child. (2) In a case tried without a jury, the court shall make a general finding, but on request shall find facts specially. If an opinion or memorandum of decision is filed, the findings of fact may appear therein. (3) A minor may, with the consent of the Department and the victim(s), condition an admission to one or more acts alleged in the petition upon the court’s agreement to the recommendations made by a restorative justice program to which the matter is referred pursuant to Delinquency Rule 23(f). (e) Failure of Proof. A juvenile who is found not to be delinquent must be released from custody. (f) Order Pending Disposition. If the court finds a juvenile to be delinquent, the court may order the juvenile placed or detained pending disposition if the court finds that: (1) detention or placement is necessary to protect the juvenile or others; or (2) detention or placement is necessary to ensure the juvenile’s appearance at subsequent court hearings. (g) Foster Parent’s Right To Be Heard. If the juvenile’s foster parent is present at the adjudication hearing, the court shall give the foster parent an opportunity to be heard. 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 21(g) 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. Note: Chapter 65, section 6, SLA 2005 (HB 54) amended AS 47.12.110 relating to the introduction of the victim and the minor to the jury. According to section 8 of the Act, section 6 of the Act has the effect of amending Delinquency Rule 21 by allowing the introduction of the victim and the minor at an adjudication hearing. Cross References CROSS REFERENCE: AS 47.12.110(e); AS 47.12.120(a). LAW REVIEW COMMENTARIES “Advancing Tribal Court Criminal Jurisdiction in Alaska,” 32 Alaska L. Rev. 93 (2015).