Molly O. v. Alaska Dept. of Health & Social Services

In January 2011, the Department of Health and Social Services, Office of Children’s Services (OCS) took emergency custody of three children. The children had been in the care of their maternal grandparents, but before their removal had returned to their parents. OCS, under the impression that the children were being cared for by the parents at the time of removal, placed the children with the maternal grandparents. The day the trial to terminate the mother’s parental rights was to begin, the mother moved to have the grandmother joined in the proceeding as the children’s Indian custodian. The court denied both the mother’s motion to join the grandmother and the grandmother’s motion to intervene, finding that shortly after the removal the parents revoked the grandmother’s Indian custodian status by asking OCS not to place the children with her. The grandmother moved for reconsideration and argued that her due process rights were violated at the time of the removal. She argued that OCS did not provide her with notice of the right she was entitled to as the children’s Indian custodian, including notice of her right to intervene in the proceeding and of her right to be represented by counsel. The trial court rejected this argument, finding that although OCS breached its duty to provide the grandmother with notice required by the Indian Child Welfare Act (ICWA), because of the short time between the children’s removal and the parents’ revocation of the grandmother’s status as the children’s Indian custodian the grandmother had suffered no significant detriment to her rights. Upon review, the Supreme Court affirmed the trial court’s decision and held that any error OCS may have made regarding the notice provisions of ICWA was harmless. View "Molly O. v. Alaska Dept. of Health & Social Services" on Justia Law