Kyle S. v. Alaska

Kyle S. appealed a superior court decision that adjudicated his teenage daughter Jane a child in need of aid. Jane was taken into State custody when she was 15 years old, after she reported being physically abused by her stepmother. The superior court based its decision on Jane's propensity to run away; it made no findings about either Kyle or his wife. At the time of the adjudication hearing, Jane had several criminal charges pending. Kyle challenged the trial court's adjudication decision, arguing that the statutory subsection about runaways was unconstitutional as applied to him and that the court incorrectly concluded that the State made active efforts to prevent the family's breakup. Upon careful consideration, the Supreme Court concluded Kyle waived his constitutional argument by not raising it earlier and because the superior court's active-efforts decision was supported by the record. View "Kyle S. v. Alaska" on Justia Law