Chloe W. v. State, Dep’t of Health & Social Serv., and Office of Children’s Serv., November 7, 2014 (Alaska)

Synopsis from Westlaw: The Office of Children’s Services (OCS) petitioned to terminate mother’s parental rights to Indian child. The Superior Court, First Judicial District, Juneau, Louis J. Menendez, J., terminated parental rights. Mother appealed.

Holdings from Westlaw: The Supreme Court, Fabe, C.J., held that:
(1) counsel’s decision to enter into a stipulation as to psychiatrist’s proposed testimony, rather than request a hearing to address the statements psychiatrist made in his affidavit, did not prejudice mother;
(2) evidence supported finding that mother failed to remedy the conduct that placed child at substantial risk of harm;
(3) evidence supported finding that the Office of Children’s Services (OCS) made active efforts to prevent the breakup of mother’s Indian family; and
(4) evidence supported finding that returning child to mother would likely result in serious harm.

Read the full decision at the National Indian Law Library website.