R.G. v. State, Department of Health and Social Services, Division of Family and Youth Services

Summary

The Alaska Supreme Court affirmed the termination of R.G.'s parental rights to her son. The court held that substantial evidence supported the finding that R.G.'s severe borderline personality disorder placed the child at substantial risk of physical harm or mental injury under AS 47.10.011(11), and that the state had made reasonable efforts to provide family support services.

Holdings

1. The superior court properly terminated R.G.'s parental rights because substantial evidence supported its finding that her continuing severe personality disorder placed E.G. at substantial risk of physical harm or mental injury under AS 47.10.011(11), and the statutory requirements for termination were satisfied.
2. The superior court did not err by terminating parental rights based on R.G.'s personality disorder rather than her physical ailment.

Questions Presented

1. Whether the superior court clearly erred in finding that R.G.'s personality disorder placed E.G. at substantial risk of physical harm or mental injury under AS 47.10.011(11).
2. Whether the superior court properly terminated R.G.'s parental rights under AS 47.10.088 despite R.G.'s claimed improvements in her physical condition, housing, and anger management.
3. Whether the superior court was required to base termination on R.G.'s physical ailments rather than her personality disorder.

Disposition

affirmed