Justia Alaska Supreme Court Opinion Summaries

In this case, the Supreme Court of the State of Alaska dealt with an appeal against the termination of parental rights of two parents, Elena F. and Ronan F., by the State of Alaska, Department of Family & Community Services, Office of Children’s Services. The Office of Children’s Services (OCS) had removed the two Indian children from their parents' home due to reported domestic violence and later terminated both parents' rights after two years. The parents appealed, arguing that OCS failed to make active efforts to reunify the family.The court found that the OCS made active efforts to reunify Elena with her children even in light of her serious mental illness, substance abuse, and her increasingly violent threats and behavior. As such, the court affirmed the termination of Elena's parental rights.However, the court found that the OCS did not make active efforts to reunify Ronan with his children. The court noted that there was no evidence that two out of three caseworkers assigned to Ronan made any efforts toward his reunification with his children. Therefore, the court reversed the termination of Ronan's parental rights. View "Ronan F. v. State of Alaska" on Justia Law

In this case involving the State of Alaska, Department of Health & Social Services, Office of Children’s Services (OCS), the Supreme Court of the State of Alaska ruled on an appeal regarding the termination of parental rights of parents Allie P. and Jimmy E. The crux of the case revolved around the application of the Indian Child Welfare Act (ICWA), which provides specific protections for Indian children and their tribes in child custody proceedings.Allie P. and Jimmy E. had two children together and Allie had two older children from a previous relationship. All four children were removed from Allie’s custody due to her history of substance abuse. Jimmy E. claimed Alaska Native heritage and argued that his children should be considered Indian children under ICWA.The Supreme Court held that Jimmy did provide a sufficient reason to know that the two youngest children are Indian children and that OCS did not conduct a sufficient inquiry. Thus, the court vacated the termination of Jimmy’s and Allie’s parental rights as to the two youngest children and remanded for further proceedings.However, the court rejected Allie's additional challenges and affirmed the termination of her parental rights with respect to her two older children. The court found that Allie had not remedied the behavior causing her children to be in need of aid, OCS made reasonable efforts to reunite the family, and termination was in the children's best interests. View "Jimmy E. v. State of Alaska, Department of Health & Social Services, Office of Children's Services" on Justia Law

In a case involving the State of Alaska's Office of Children’s Services (OCS), an adult relative, Taryn M., appealed the denial of her request to have custody of an Indian child, Marcy P., who was in the custody of OCS. Marcy P. had a severe congenital disease and required a bone marrow transplant. The Supreme Court of the State of Alaska affirmed the decision of the lower court, finding that OCS had demonstrated by clear and convincing evidence that Taryn M. was an unsuitable caretaker for Marcy P. The court established that the burden of proof was on OCS to show that a preferred placement under the Indian Child Welfare Act (ICWA) was unsuitable. The evidence presented showed that Taryn M. was unwilling to abide by Marcy’s treatment plans, with instances including not following medical advice for treating fevers and not returning Marcy after a visit as planned. The court concluded that Taryn M.'s actions demonstrated clear and convincing evidence that she was an unsuitable caretaker. View "Taryn M. v. State of Alaska, Department of Family & Community Services" on Justia Law

removed an Alaska Native child from his mother and placed him with a relative, the child experienced suicidal ideation and checked himself into a psychiatric facility. Following a period of seemingly voluntary care, OCS requested a hearing to place the child at an out-of-state secure residential psychiatric treatment facility. The child’s Tribe intervened and challenged the constitutionality of AS 47.10.087, the manner in which evidence was received, and alleged due process violations. The child joined in some of these objections. The superior court ordered the child placed at a secure residential psychiatric treatment facility per AS 47.10.087. The Tribe, but not the child, appealed the placement decision, contending primarily that the superior court erred in proceeding under AS 47.10.087 and in making its substantive findings, and plainly erred in authorizing placement pursuant to AS 47.10.087 without addressing the Indian Child Welfare Act’s (ICWA) placement preferences. The Alaska Supreme Court found no error in the court’s application of AS 47.10.087 or its substantive findings, and thus affirmed the superior court’s placement determination. The Court expressed concern that the trial court failed to make required inquiries and findings related to ICWA’s placement preferences. However, this did not amount to plain error. The Supreme Court did not reach the Tribe’s other arguments as the Tribe has either waived them or lacked standing to raise them. View "Tuluksak Native Community v. Dept. of Health & Soc. Srvs." on Justia Law

Mother Miranda T. appealed the superior court’s entry of a disposition order in child in need of aid (CINA) proceedings. She contended the court erred by moving forward with an adjudication hearing without having considered her request for a review hearing on a previously stipulated temporary custody and placement arrangement. She contended the court also erred by later refusing to enforce two subsequent agreements she had reached with the Office of Children’s Services (OCS) about placements for her daughter. Furthermore, Mother contended the evidence did not support the disposition order’s predicate findings that (1) OCS had made sufficiently active efforts to reunify the family and (2) removal of the daughter from the family home was necessary to avoid harm to her. After review, the Alaska Supreme Court rejected the mother’s claims of error and affirmed the superior court’s disposition order. View "M.T. (Mother) v. State of Alaska DHSS, OCS" on Justia Law

Two tribes claimed to be a child’s tribe for purposes of the Indian Child Welfare Act (ICWA): The Native Village of Wales claimed the child was a tribal member; the Native Village of Chignik Lagoon claims that the child is “eligible for tribal membership.” After the superior court terminated the biological parents’ parental rights, Wales moved to transfer subsequent proceedings, including potential adoption, to its tribal court. Chignik Lagoon intervened in the child in need of aid (CINA) case, arguing that the child was not a member of Wales under Wales’s constitution and that transfer of further proceedings to the Wales tribal court was not authorized under ICWA. The superior court found that the child was a member of Wales and that Wales was the child’s tribe for ICWA purposes, and therefore granted the transfer of jurisdiction. Chignik Lagoon appealed. After review, the Alaska Supreme Court affirmed the superior court’s determination that the child was a member of Wales and that Wales was appropriately designated as the child’s tribe for ICWA purposes. The Supreme Court also concluded that, given that ruling, Chignik Lagoon lacked standing to challenge the transfer of proceedings to the Wales tribal court. View "Native Village of Chignik Lagoon v. Alaska Dept. of Health & Soc. Svcs." on Justia Law

The State of Alaska claimed the right under Revised Statute 2477 (RS 2477) to clear land and permit the use of boat launches, camping sites, and day use sites within an alleged 100-foot right of way centered on a road on land belonging to an Alaska Native corporation. The Native corporation sued, arguing that its prior aboriginal title prevented the federal government from conveying a right of way to the State or, alternatively, if the right of way existed, that construction of boat launches, camping sites, and day use sites exceeded its scope. After years of litigation and motion practice the superior court issued two partial summary judgment orders. It held as a matter of law that any preexisting aboriginal title did not disturb the State’s right of way over the land. It also concluded as a matter of law that the right of way was limited to ingress and egress. Because the superior court did not err when it granted the State’s motion regarding aboriginal title, the Alaska Supreme Court affirmed that grant of partial summary judgment. But because the scope of a particular RS 2477 right of way was a question of fact, the Supreme Court reversed the trial court's conclusion as a matter of law that the State’s right of way was limited to ingress and egress. View "Ahtna, Inc. v. Alaska Department of Transportation & Public Facilities, et al." on Justia Law

In two separate cases, an Alaska superior court decided that it could not terminate parental rights to children with alleged Indian heritage without cultural expert testimony, and that the cultural expert testimony presented was too vague and generalized to be helpful. Although it was error to construe the Alaska Supreme Court precedent to require cultural expert testimony in every ICWA case, the Supreme Court affirmed the superior court’s decision to require expert testimony based on its explanation that it could not competently weigh the evidence of harm in these cases without cultural context. And because the cultural expert testimony presented did not provide a meaningful assessment of tribal social and cultural standards and was not grounded in the facts of these particular cases, the Supreme Court held the court did not clearly err by giving the testimony no weight. The Supreme Court affirmed the superior court's decision to deny termination of parental rights in each case. View "Alaska Dept. Health & Soc. Serv. v. C.A., et al." on Justia Law

The superior court terminated a mother’s parental rights to her two children. Because the children were Indian children under the Indian Child Welfare Act (ICWA), the Office of Children’s Services (OCS) was required to make active efforts to provide remedial services and rehabilitative programs designed to prevent the breakup of the family before the mother’s rights could be terminated. The superior court found clear and convincing evidence that OCS satisfied this requirement, although OCS’s efforts were ultimately unsuccessful. The mother appealed, challenging the active efforts finding. She asked the Alaska Supreme Court to overturn precedent allowing courts to consider a parent’s noncooperation and the resulting futility of OCS’s actions when determining whether OCS satisfied the active efforts standard. In the alternative, she argued that even under existing law the superior court’s active efforts finding was erroneous. After review, the Supreme Court agreed with the mother that the court erred by stating that active efforts “are dependent on [the mother’s] willingness to engage”; the active efforts inquiry depends primarily on OCS’s efforts, not the parent’s reaction to those efforts. The Court took an opportunity to clarify the extent to which a parent’s noncooperation was relevant to the active efforts analysis. "And although we disagree in part with the superior court’s approach in this case, we independently conclude that OCS’s efforts satisfy the active efforts standard," therefore affirming the termination order. View "Mona J. v. Alaska Dept. of Health & Soc. Srvcs." on Justia Law

The grandmother of an Indian child was appointed as the child’s guardian. The Office of Children’s Services (OCS) took emergency custody of the child after the grandmother admitted using methamphetamine and the child tested positive for the drug. After working with the grandmother to address her drug use and other issues, OCS petitioned to terminate the grandmother’s guardianship. Following a hearing, the superior court found that termination of the guardianship was in the child’s best interests and removed the grandmother as guardian. The grandmother appealed, arguing that her removal violated the Indian Child Welfare Act (ICWA) and that termination of the guardianship was not in the child’s best interests. Finding no reversible error, the Alaska Supreme Court affirmed the superior court’s removal of the grandmother as guardian. View "In the Matter of the Protective Proceedings of: Baron W." on Justia Law