Bill S. v. State, Dept. of Health & Social Services, Office of Children’s Services

Bill and Clara are the parents of Noah and Olwen, ages 12 and 5 at the time of the termination trial. Noah and Olwen were Indian children within the meaning of the Indian Child Welfare Act (ICWA) based on their affiliation with the Aleut Community of St. Paul Island (theTribe). Bill and Clara had a lengthy history of alcohol abuse and domestic violence. Noah and Olwen suffered primarily through neglect and mental injury from exposure to their parents’ conduct. While Bill’s and Clara’s violence was typically directed at each other or other family members, there were reports of alleged physical abuse of Noah. The superior court terminated the parents' rights to their children. The parents appealed, arguing the superior court erred in finding, by clear and convincing evidence, that OCS made active efforts to prevent the breakup of the Indian family. Because the Alaska Supreme Court determined there was insufficient evidence to support an active efforts finding under a clear and convincing evidence standard, it reversed the superior court’s active efforts finding, vacated the termination order, and remanded for further proceedings. View "Bill S. v. State, Dept. of Health & Social Services, Office of Children's Services" on Justia Law