Moira M. v. Office of Children’s Services

In the early morning hours of August 29, 2013, Palmer police officer James Gipson noticed Moira M. walking alone along the road. After Moira declined Gipson’s offer of a ride, Gipson continued driving until he noticed a car parked in a gravel lot. Gipson approached the car, discovered it was unlocked, and found an unattended infant in the back seat. While Gipson was waiting for backup assistance, Moira entered the lot and identified the car as belonging to her and the infant as her child. Gipson noticed signs of impairment in Moira’s behavior and notified another officer to contact Moira while Gipson remained with the infant. Moira was taken into custody, and while in custody she admitted to using cannabis, asserted that she had used methamphetamine for the first time the night before, and admitted that she had driven with the infant, Abel, after using these drugs. Moira was ultimately charged with endangering the welfare of a child in the first degree, driving on a suspended license, driving under the influence, and misconduct involving a controlled substance. After taking Moira into custody, the police released Abel into the custody of Moira's boyfriend Jarvis’s mother. Based on this incident, the police sent OCS a protective services report regarding Abel, and The Office of Children's Services (OCS) immediately began an investigation. Abel was ultimately placed in a foster home with a non-relative, and eventually proceedings commenced against Moira to terminate her parental rights. The superior court terminated Moira's rights based on evidence that she failed to remedy her substance abuse and the danger this conduct posed to her child. On appeal Moira argued: (1) the superior court erred when, prior to the termination trial, it denied her request for a visitation review hearing; and (2) at the termination trial, the superior court erroneously reduced OCS's burden to make reasonable reunification efforts after she moved out of state. But the record and Alaska case law supported the superior court’s decisions. The superior court denied the visitation review hearing because OCS responded to the mother’s motion for a hearing by issuing a family contact plan that appeared to fully address her concerns. And the superior court’s analysis of OCS’s efforts properly considered the specific facts of her case. Accordingly the Supreme Court affirmed the superior court’s decision to terminate parental rights. View "Moira M. v. Office of Children's Services" on Justia Law