Justia Family Law Opinion Summaries

This case concerned the Office of Children’s Services' (OCS) decision to take emergency custody of a baby who tested positive for drugs at birth, and the subsequent legal proceedings that ensued. Both parents initially expressed interest in voluntarily relinquishing their parental rights, but the court found that the relinquishments were not valid because the forms were not dated or signed by an OCS witness. The foster parents opposed OCS's plan to move the baby from their home to her maternal aunt’s home and were granted permission to intervene for a placement review hearing. After the hearing, the court concluded that OCS had abused its discretion in deciding to move the child and granted the mother's motion to withdraw her putative relinquishment. The foster parents then filed a motion to reconsider the order allowing the mother to withdraw her relinquishment. The court granted the foster parents’ motion and reversed its order withdrawing the relinquishment. The court then terminated the parental rights of both parents without holding an evidentiary hearing. OCS and both parents appealed the superior court’s decisions. The Supreme Court of the State of Alaska held that it was error to allow the foster parents’ continued intervention, to reinstate the relinquishments, and to terminate parental rights. The court vacated all the orders relating to those errors and remanded the case to the superior court for further proceedings. The court clarified that it was an abuse of discretion to permit the foster parents to continue to intervene regarding the validity of the parents’ relinquishments, to revisit the validity of the relinquishments, and to issue termination orders without providing the parties with notice and an opportunity to be heard, as well as a legal error to issue a termination order without making a best interests finding. View "Tara R. v. State of Alaska" on Justia Law

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

In this case, two individuals, Tong Vang and Pa Kou Xiong, were in a relationship recognized by Hmong cultural customs but were not legally married. They had two children together. Upon their separation, Xiong sought repayment of $38,000, which she claimed were loans to Vang and his family. Vang disputed this and counterclaimed for damages. The Superior Court of the State of Alaska found in favor of Xiong, and Vang appealed.On appeal, Vang argued that the court should have applied a presumption that transfers of funds between close relatives are considered gifts rather than loans. However, the Supreme Court of the State of Alaska rejected this argument because the parties were not legally married or in a domestic partnership, and they were not close relatives. Additionally, the court found that the record supported the lower court’s finding that Xiong intended the transfers of money to be loans.The court affirmed the lower court’s judgment, holding that the Superior Court did not err in treating the transfers as loans rather than gifts. The court found that Vang did not establish that he and Xiong were married, in a domestic partnership, or close relatives, which would have triggered the presumption that the transfers were gifts. Furthermore, the court found that the record supported the Superior Court's finding that Xiong intended the transfers of money to be loans. View "Vang v. Xiong" on Justia Law

In this case, Veronica Louise Hudson and Daniel Lee Hudson, a married couple in Alaska, divorced. The major points of contention revolved around the division of marital property and the classification of a severance and bonus package received by Daniel from his former employer, BP. Veronica argued that the severance and bonus pay were marital property, while Daniel contended that they were his separate property. The trial court ruled that the severance and bonus pay were separate property, and divided the remaining marital property equally between the parties. Veronica also challenged the court's order allowing Daniel to make an equalization payment over five years rather than in a lump sum and the court's denial of her request for attorney fees.The Supreme Court of the State of Alaska concluded that the lower court erred in classifying the severance and bonus pay without sufficient information, and in its findings related to economic misconduct and the financial condition of the parties. The court also held that the lower court abused its discretion in ordering a schedule of equalization payments over multiple years. The court remanded the case for further proceedings to determine the purpose of the severance and bonus pay, and whether a different division of property is warranted. The court also required the lower court to reconsider the terms of any equalization payment. The court affirmed the lower court's denial of attorney's fees. View "Hudson v. Hudson" on Justia Law

The Alaska Office of Children’s Services (OCS) took emergency custody of a child within days of her birth. OCS then filed an emergency child in need of aid (CINA) petition seeking an order confirming probable cause to believe the child was in need of aid and granting OCS temporary custody of the child pending further proceedings. The superior court held an evidentiary hearing and concluded that OCS had not shown probable cause to believe the child was a child in need of aid, and dismissed the CINA case. The superior court later denied OCS’s reconsideration motion, and OCS then appealed. The Alaska Supreme Court reversed the superior court’s decision in a short summary order (with an opinion to follow), remanding to reopen the CINA case and conduct further proceedings in the normal course. The Court explained its order in this opinion. View "Alaska, Department of Family & Community Services v. Karlie T." on Justia Law

Wife Connie Stockton challenged a superior court’s order denying relief from judgment under Alaska Civil Rule 60(b). She sought to overturn a default judgment entered against her in 2013, that divided marital property upon divorce from her husband Veral Stockton. Asserting that she suffered from severe depression during the divorce proceedings and that her husband improperly served the notice of default, she argued the judgment was void for lack of due process and, alternatively, should have been vacated due to extraordinary circumstances. The Alaska Supreme Court affirmed the superior court’s factual finding that she was not incompetent at the time of divorce and its legal rulings that the judgment was not void and extraordinary circumstances warranting relief were not shown. View "Stockton v. Stockton" 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