concurring.
I concur in the disposition of this appeal, but write separately to express my opinion that the legislature should amend AS 47.-10.080(c)(3) so that a parent’s incarceration may be considered when determining whether to terminate parental rights.
AS 47.10.080(c)(3) specifies that parental rights may be terminated only if there is a showing “by clear and convincing evidence that there is a child in need of aid under AS 47.10.010(a)(2) as a result of parental conduct.” It seems obvious to me that a child may be in need of aid when the only custodial parent engages in conduct that results in incarceration. I would therefore conclude that AS 47.10.080(c)(3) permits the superior court to consider the parent’s incarceration when determining whether the child is in need of aid; e.g., whether the parent has abandoned the child.
AS 47.10.080(c)(3) also requires, however, a showing “by clear and convincing evidence that the parental conduct is likely to continue to exist if there is no termination of parental rights.” Although incarceration may well be likely to continue for a substantial period of time, and the child will *442therefore continue to be in need of aid, involuntary incarceration is not willful “parental conduct.” I therefore conclude that AS 47.10.080(e)(3), by its express terms, does not permit the superior court to consider the custodial parent’s incarceration when determining whether to terminate parental rights.
The situation is easily imaginable in which the only parent with custody of a child commits a crime and is sentenced to a lengthy imprisonment term when the child is quite young. This may effectively destroy the parent-child relationship. Under these circumstances, the child should be permitted to establish a bond with other persons, rather than spend his or her minority in a succession of foster homes or other temporary placements. AS 47.10.080(c)(3), as presently written, however, does not permit the termination of parental rights in this situation. I urge the legislature to consider the effect of the statute’s wording and amend it so that this result is not necessary.
In this case, the superior court indicated in its oral findings of fact that it considered Nada’s incarceration to constitute an abandonment of O.A. Nada contends that her incarceration is beyond her control and therefore may not be considered as the “willful conduct” necessary to constitute abandonment in accordance with our holding in In re B.J., 530 P.2d 747, 750 n. 12 (Alaska 1975). This court impliedly agrees with Nada by holding that the superior court did not commit reversible error on this issue because Nada’s incarceration was not relied upon in the written findings of fact, which are controlling. 660 P.2d at 439 & n. 2. I disagree with this court’s implied holding.
Very few people are voluntarily incarcerated. It is also true, however, that very few people are incarcerated for involuntary acts. It should be entirely foreseeable to a parent that commission of a crime will result in incarceration and- separation from the parent’s child. Whether this amounts to an abandonment of the child may depend upon whether the parent is able to and does make adequate provisions for the child’s care during the length of the parent’s incarceration. See, e.g., Diernfeld v. People, 137 Colo. 238, 323 P.2d 628 (Colo.1958); Annot., 79 A.L.R.3d 417 (1977) (“Parent’s Involuntary Confinement ... as Evincing Neglect ... in Dependency or Divestiture Proceed-mg”).
Nada did not make any provisions for the care of O.A. before her incarceration. She left O.A. with a babysitter, even though her stepmother lived in Fairbanks and had earlier taken care of her and O.A. Nada’s incarceration may have been beyond her control, but her conduct in killing her husband was within her control, according to the superior court that found her guilty of manslaughter and sentenced her to a term of imprisonment. Furthermore, her failure to make any provisions for the care of O.A. during her incarceration was also within her control. I believe that these facts constitute clear and convincing evidence that Nada abandoned O.A.
As indicated, however, Nada’s incarceration is not “parental conduct ” that is “likely to continue to exist if there is no termination of parental rights.” AS 47.10.-080(c)(3). Thus, under the statute, her incarceration cannot justify the termination of her parental rights. I agree with this court that the evidence of Nada’s impulsive personality disorder is not in itself grounds for terminating her parental rights. I also agree with this court that clear and convincing evidence was not presented that Nada is likely to abandon O.A. again after she is released from prison. Thus, I find I must concur with the court that it is necessary to reverse the superior court’s order terminating Nada’s parental rights. Again, however, I urge the legislature to amend AS 47.10.080(c)(3) so that parental rights may be terminated when a parent destroys the parent-child relationship by willfully committing a crime and failing to make adequate provisions for the care of the child during a period of incarceration. Under some circumstances, only in this fashion may the child be permitted to form a bond with other persons and avoid a succession of *443foster home placements or other unsatisfactory temporary placements during the entire duration of the child’s minority.