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When children are victims of abuse in Alaska, parents and others in contact with the child have different options available to them. This article identifies some of the procedures in Alaska which are in place to address the issue of child abuse.

If a child is abused in the home, a parent or guardian may file a domestic violence petition in the State court against the person causing harm to the child. A judge or magistrate may issue an emergency order preventing contact between the alleged abuser and the child, and set a hearing at a later date, where both parties can present evidence regarding the allegations of abuse. A court can issue a 90 day restraining Order, and a 45 day extension, if it finds that a child has been subject to domestic violence as defined by Alaska law.

The Department of Family and Youth Services (DFYS) is an agency in Alaska with the power to investigate allegations of child abuse. Doctors, teachers, and other professionals who routinely contact children may have a duty to report suspected child abuse to DFYS. After a report is made, a social worker at DFYS may open an investigation of the abuse allegations to determine if they can be substantiated.

After a preliminary investigation, if DFYS believes abuse has occurred, the agency may make recommendations to the Attorney General's office. If the Attorney General's office agrees with the recommendations of DFYS and believes that child is in need of protection by the state because of the alleged abuse, the state may file a petition requesting that the court declare that the child is in need of aid. After a hearing is held, a court can place the child in the custody of the state, and issue orders which offer protection for the child from further abuse. The court order that the child be removed from the home in appropriate cases.

Parents who have filed a divorce or custody case, or who have already received custody orders, can ask a judge to issue an order which protects the child from future harm. A court can order supervised visitation, no visitation, counseling, or other directives in an effort to prevent further abuse.

Child abuse is a crime in Alaska. The police, state troopers, DFYS and other investigative agencies report their findings of abuse to the offices of the District Attorney and the Municipal Prosecutor, who may prosecute alleged abusers in criminal cases.

Abuse victims may also find help apart from the legal process. There are support groups, counselors and therapists who can help those who have been abused and their families. The woman's shelter may offer protection for women and children subject to violence and abuse. In an emergency situation, the police can offer immediate assistance. Male awareness and anger management programs are available to help abusers learn to change their behavior.

A person accused of child abuse has the right to hire an attorney to offer a defense of such allegations. Recently, the issue of false allegations of abuse has received national media attention. These cases are among the most difficult matters that court's address. A false allegation of abuse can tear a family apart and cause irreparable damage to parents and children. Courts must be careful to insure that abuse allegations are substantiated, and do not result merely from overly sensitive parents, unproven suspicions of abuse, or parties who simply seek to gain an advantage in a legal dispute over custody.

If you suspect that a child has been abused, or if you have been accused of child abuse, it may be wise to consult with an attorney to determine your legal options. Many attorneys will meet with potential clients for a nominal fee to answer questions and define the services they offer. It is often important to consult with an attorney as soon as possible in order to make preliminary decisions and to take appropriate action.

Steven Pradell is an Anchorage attorney with a practice emphasizing family law, including domestic violence and other abuse issues, adoption, divorce, custody, and child support. © 1997 by Steven Pradell. This article is not intended to provide legal advice and should not be relied on for that purpose. The law office of Pradell and Associates provides low cost legal consultations. A helpful staff provides prompt, courteous services to meet your legal needs. Give Pradell and Associates a call today, at (907) 279-4529-- (279-4LAW).