Jennifer L. v. Alaska Dept. of Health & Social Svcs.

Jennifer and Adam were the parents of three minor children: a daughter, Andrea, and two younger boys. The children were Indian children as defined in the Indian Child Welfare Act (ICWA). The State's Office of Children's Services (OCS) took three minor children into emergency custody, then sought a court order granting OCS temporary custody, asserting there was probable cause to find the children in need of aid. A standing master determined that no probable cause existed and recommended that the three children be returned to their mother's custody. The State objected to the master's recommendation, and the superior court reviewed and rejected it, finding that there was probable cause. The mother filed this appeal, asking the Supreme Court to hold that masters have the authority to return children to their homes without judicial review. Before the State filed its brief, the superior court dismissed the underlying case, making this appeal moot. After its review, the Supreme Court applied the "public interest" exception to the mootness doctrine and affirmed the superior court's ruling. View "Jennifer L. v. Alaska Dept. of Health & Social Svcs." on Justia Law