Rule 25. Review and Extension of Disposition Orders

(a) Annual Review. The court shall review its disposition order annually. The review will take place without a hearing on the basis of written reports and any statements or affidavits which accompany the reports unless a hearing is requested by a party or ordered by the court on its own motion. The Department shall serve the parties with copies of the reports, statements and affidavits submitted to the court for annual review together with a notice of the parties’ right to submit statements, affidavits or other evidence to the court and a notice of their right to request a hearing within 20 days of service. (b) Review Upon Application. A party may apply for review of a disposition order. The court shall order a hearing to review the disposition order upon a showing of good cause or on its own motion. If the juvenile’s foster parent is present at a hearing ordered under this paragraph, the court shall give the foster parent an opportunity to be heard. (c) Extension of Custody or Supervision. (1) Petition. The Department may file a petition for an extension of custody or supervision no later than thirty days before the expiration of the existing disposition order. The Department shall notice a hearing on the petition. The juvenile must be advised of his or her right to an attorney at the extension hearing. (2) Report. The Department shall submit a written report stating the basis for the requested extension and make it available to all persons entitled to receive it ten days prior to the extension hearing, unless a different time period is ordered. The report must address the juvenile’s progress in treatment and the need for further treatment or services. (3) Status Pending Decision. If the court cannot reach a decision on the extension petition before expiration of the existing disposition order, the court may extend custody or supervision of the juvenile for a reasonable time pending a decision on the extension petition. (4) Extension Past Age 19. The court may not extend custody or supervision of the juvenile past age 19 unless the juvenile consents to the extension in writing or orally on the record. 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 25(b) and (c)(4) 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) & (f); AS 47.12.140; AS 47.12.160. PART IX. APPEAL AND PETITION FOR REVIEW