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