Diego K. v. State of Alaska Department of Health and Social Services, February 23, 2018 (Alaska)
Synopsis provided by Westlaw: Office of Children’s Services (OCS) petitioned for removal of Indian child from parents’ custody. The Superior Court, Fourth Judicial District, Bethel, No. 4SM-14-00002 CN, Dwayne W. McConnell, J., ordered child removed from her parents’ home. Parents appealed. The Supreme Court remanded for additional findings. Following remand, the Superior Court, McConnell, J., issued ordering clarifying its removal findings. Parents appealed.
Holding provided by Westlaw: The Supreme Court, Carney, J., held that information from status hearings, including unsworn statements made by OCS workers, could not be used by trial court to support its order authorizing removal of Indian child from parents’ custody.
Vacated and remanded.
Read the full decision at the National Indian Law Library website.