Sam M. v. State, Department of Health & Social Services, Office of Children's Services

Sam M. v. State, Dep't of Health & Soc. Servs., Office of Children's Servs., 442 P.3d 731 (Alaska 2019) · Alaska Supreme Court · June 7, 2019

Summary

The Alaska Supreme Court affirmed the termination of Sam M.'s parental rights to his daughter, an Indian child under the Indian Child Welfare Act. The court held that the Office of Children's Services made active efforts to provide remedial and rehabilitative services designed to reunify the family. Although the agency did not refer Sam for sex-offender treatment before seeking termination, the court concluded that the agency's efforts, viewed in their entirety, satisfied ICWA's active-efforts requirement.

Holdings

  1. OCS made active efforts to reunify Sam and his daughter, and those efforts proved unsuccessful as required by ICWA.
  2. OCS was not required to continue delaying permanency while Sam pursued sex-offender treatment because the newly discovered safety concerns, the projected duration of treatment, and the child's age and need for permanency made immediate termination proceedings reasonable.

Questions Presented

  1. Whether OCS satisfied ICWA's active-efforts requirement by making affirmative, active, thorough, and timely efforts to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family.
  2. Whether OCS's limited additional efforts after learning of Sam's sexual misconduct required reversal of the termination order.

Disposition

affirmed

Cases Cited (10)

  • Philip J. v. State, Dep't of Health & Soc. Servs., Office of Children's Servs., 314 P.3d 518 (Alaska 2013)(followed)
  • Pravat P. v. State, Dep't of Health & Soc. Servs., Office of Children's Servs., 249 P.3d 264 (Alaska 2011)(followed)
  • A.A. v. State, Dep't of Family & Youth Servs., 982 P.2d 256 (Alaska 1999)(followed)
  • Lucy J. v. State, Dep't of Health & Soc. Servs., Office of Children's Servs., 244 P.3d 1099 (Alaska 2010)(followed)
  • Jon S. v. State, Dep't of Health & Soc. Servs., Office of Children's Servs., 212 P.3d 756 (Alaska 2009)(followed)
  • Thomas H. v. State, Dep't of Health & Soc. Servs., Office of Children's Servs., 184 P.3d 9 (Alaska 2008)(followed)
  • Maisy W. v. State, Dep't of Health & Soc. Servs., Office of Children's Servs., 175 P.3d 1263 (Alaska 2008)(followed)
  • Barnett v. Barnett, 238 P.3d 594 (Alaska 2010)(followed)
  • Sherman B. v. State, Dep't of Health & Soc. Servs., Office of Children's Servs., 310 P.3d 943 (Alaska 2013)(followed)
  • Kent V. v. State, Dep't of Health & Soc. Servs., Office of Children's Servs., 233 P.3d 597 (Alaska 2010)(followed)

Cited In (0)

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