Justia Alaska Supreme Court Opinion SummariesArticles Posted in Native American Law
Demetria H. v. Alaska, Dept. of Health & Social Services, Office of Children’s Services
A mother appealed the termination of her parental rights to her son, an Indian child. She argued the trial court violated the Indian Child Welfare Act (ICWA) by finding that the Office of Children’s Services (OCS) made active efforts and that her continued custody of her son was likely to result in serious emotional or physical damage to him. She also argued that the trial court’s latter finding was not supported by the testimony of a qualified expert as required by ICWA. After review, the Alaska Supreme Court affirmed the trial court’s order terminating her parental rights because its findings satisfied ICWA’s requirements. View "Demetria H. v. Alaska, Dept. of Health & Social Services, Office of Children's Services" on Justia Law
Diego K. v. Dept. of Health & Social Services
Parents appealed a superior court’s order that found the Office of Children’s Services (OCS) had satisfied the Indian Child Welfare Act’s (ICWA) requirements authorizing the removal of their daughter, an Indian child, from their custody. OCS took emergency custody of “Mary” and her older brother Claude in March 2014. It acted following a December 2013 report that Claude had been medivaced out of the family’s village due to alcohol poisoning and that his parents had been too intoxicated to accompany him, and a March 2014 report that Diego and Catharine were intoxicated and fighting in their home. OCS alleged in its emergency petition that the court should make child in need of aid (CINA) findings. At the custody hearing Diego and Catharine stipulated to probable cause that their children were in need of aid under AS 47.10.011, without admitting any of the facts alleged in the petition, and to temporary OCS custody pending an adjudication hearing. The superior court held a disposition hearing over two days in December and January. OCS argued for an order authorizing it to remove the children from their parents’ home; the parents urged the court to grant OCS only the authority to supervise the family. Because the Alaska Supreme Court found the trial court relied on information that was not in evidence to make the required ICWA removal findings, it vacated the order authorizing removal. View "Diego K. v. Dept. of Health & Social Services" on Justia Law
Kiva O. v. Alaska Dept. of Health & Social Svcs.
An Indian child in the custody of the Office of Children’s Services (OCS) was diagnosed with post-traumatic stress disorder and depression. The child’s psychiatrist recommended treating him with an antidepressant, with the addition of a mood stabilizer if it later became necessary. When the mother rejected the recommendation, OCS asked the superior court for authority to consent to the medications over the mother’s objection. The court granted OCS’s request. The mother appealed, arguing that the superior court failed to apply the correct standard for determining whether her fundamental constitutional rights as a parent could be overridden. The Alaska Supreme Court agreed with her in part, holding that the constitutional framework laid out in Myers v. Alaska Psychiatric Institute, 138 P.3d 238 (Alaska 2006), applied to a court’s decision whether to authorize medication of a child in OCS custody over the parent’s objection. The Supreme Court concluded that the superior court’s findings in this case regarding the antidepressant satisfied the “Myers” standard but that its findings regarding the optional mood stabilizer did not. The Court therefore affirmed in part and reversed in part the superior court’s order authorizing OCS to consent to the recommended medications. View "Kiva O. v. Alaska Dept. of Health & Social Svcs." on Justia Law
Merdes & Merdes, P.C. v. Leisnoi, Inc.
An attorney represented a Native corporation in litigation nearly three decades ago. The corporation disputed the attorney’s claim for fees, and in 1995, after the attorney’s death, the superior court entered judgment on an arbitration award of nearly $800,000 to the attorney’s law firm, then represented by the attorney’s son. The corporation paid eight installments on the judgment, but eventually stopped paying, citing financial difficulties. The law firm sought a writ of execution for the unpaid balance, and the writ was granted. The corporation appealed but under threat of the writ paid $643,760 while the appeal was pending. In a 2013 opinion the Alaska Supreme Court held the writ invalid and required the firm to repay the $643,760. The corporation was never repaid. The original law firm moved its assets to a new firm and sought a stay of execution, averring that the original firm now lacked the funds necessary for repayment. The corporation sued the original firm, the successor firm, and the son for breach of contract, fraudulent conveyance, conspiracy to fraudulently convey assets, violations of the Unfair Trade Practices Act (UTPA), unjust enrichment, and punitive damages. The firm counterclaimed, seeking recovery in quantum meruit for attorney’s fees it claimed were still owing for its original representation. The superior court granted summary judgment for the corporation on the law firm’s quantum meruit claim and, following trial, found that the son and both law firms fraudulently conveyed assets and were liable for treble damages under the UTPA. The son and the law firms appealed, arguing the trial court erred by: (1) holding that the quantum meruit claim was barred by res judicata; (2) holding the defendants liable for fraudulent conveyance; (3) awarding damages under the UTPA; and (4) making mistakes in the form of judgment and award of costs. The Alaska Supreme Court found no reversible error with one exception. The Court remanded for reconsideration of whether all three defendants are liable for prejudgment interest from the same date. View "Merdes & Merdes, P.C. v. Leisnoi, Inc." on Justia Law
Douglas Indian Association v. Central Council of Tlingit & Haida Tribes of Alaska
The superior court dismissed a complaint by Douglas Indian Association against Central Council of Tlingit and Haida Indian Tribes of Alaska and two Central Council officials on tribal sovereign immunity grounds. Douglas argued the superior court’s action was premature because sovereign immunity was an affirmative defense that should be resolved following discovery. The Alaska Supreme Court found federal courts recognizing tribal sovereign immunity is a jurisdictional bar that may be asserted at any time, and the Alaska Court agreed with this basic principle. "Immunity is a core aspect of tribal sovereignty that deprives our courts of jurisdiction when properly asserted." The Court therefore affirmed the superior court’s order dismissing the complaint. View "Douglas Indian Association v. Central Council of Tlingit & Haida Tribes of Alaska" on Justia Law
Caitlyn E. v. Alaska Dept. of Health & Social Svcs.
Caitlyn E., a Yupik woman, was the mother of Maggie and Bridget, ages nine and six at trial, who are Indian children within the meaning of the Indian Child Welfare Act (ICWA) based on their affiliation with the Orutsararmiut Native Council (the Tribe). Caitlyn struggled with abuse of both legal and illegal drugs since a young age. Maggie tested positive for cocaine and marijuana when she was born. The Office of Children’s Services (OCS) received other reports of harm; at a doctor’s visit when the girls were toddlers, they reportedly had multiple impetigo sores on their bodies and had to be cleaned by the doctor, and Caitlyn smelled like marijuana. Caitlyn was also reported to have been violent toward both her daughters, kicking Maggie and giving her a bloody nose, and, while drunk, swinging Bridget around “like a rag doll.” The superior court terminated a Caitlyn's parental rights to the two girls. She appealed, contesting the qualification of the ICWA-required expert witness and the finding that OCS made active efforts to prevent the breakup of the Indian family. Because the superior court’s decision to qualify the expert witness was not an abuse of discretion, and because the superior court’s active efforts finding was not erroneous, the Alaska Supreme Court affirmed the termination of the mother’s parental rights. View "Caitlyn E. v. Alaska Dept. of Health & Social Svcs." on Justia Law
Rice v. McDonald
The father of three Indian children killed their mother. After the father’s arrest, the father’s relatives moved the children from Alaska to Texas and gained custody of the children through a Texas district court order. The mother’s sister filed a separate action against the father in Alaska superior court, seeking custody of the children and challenging the Texas order. Although Alaska had exclusive jurisdiction to make the initial custody determination, the Alaska court concluded that Texas was the more appropriate forum and ceded its jurisdiction to the Texas court, primarily because evidence about the children’s current status was in Texas. The Alaska Supreme Court vacated the superior court’s decision: it was an abuse of discretion to minimize the importance of protecting the children from the father’s alleged domestic violence and to minimize evidence required to resolve domestic violence and Indian Child Welfare Act issues in this case. View "Rice v. McDonald" on Justia Law
Alaska v. Central Council of Tlingit and Haida Indian Tribes of Alaska
A federally recognized Alaska Native tribe adopted a process for adjudicating the child support obligations of parents whose children are members of the tribe or are eligible for membership, and it operated a federally funded child support enforcement agency. The Tribe sued the State and won a declaratory judgment that its tribal court system had subject matter jurisdiction over child support matters and an injunction requiring the State’s child support enforcement agency to recognize the tribal courts’ child support orders in the same way it recognized such orders from other states. Because the Supreme Court agreed that tribal courts had inherent subject matter jurisdiction to decide the child support obligations owed to children who are tribal members or were eligible for membership, and that state law thus required the State’s child support enforcement agency to recognize and enforce a tribal court’s child support orders, the Supreme Court affirmed. View "Alaska v. Central Council of Tlingit and Haida Indian Tribes of Alaska" on Justia Law
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
Red Elk v. McBride
Two parents disputed the legal custody and visitation rights for their daughter; the mother resided in Alaska and the father resided on the Fort Peck Indian Reservation in Montana. The superior court awarded sole legal custody to the mother because it concluded that the parties could not communicate effectively to co-parent their daughter. The court ordered unsupervised visitation between the father and the daughter in Alaska, but prohibited visitation on the reservation until the daughter turned eight. The father appealed. Although the superior court did not abuse its discretion when it decided legal custody, the Supreme Court concluded the superior court failed to fully justify its decision when creating its restrictive visitation schedule and allocating visitation expenses. Consequently the Supreme Court remanded this case for further proceedings. View "Red Elk v. McBride" on Justia Law