Alaska: Supreme Court Affirms Termination of Parental Rights. BY: Carissa H.

Link for opinion: http://courts.alaska.gov/ops/sm-1432.pdf

Title:  Alaska:  Supreme Court Affirms Termination of Parental Rights.

The Supreme Court of Alaska held in Edward C. v. State Of Alaska Dept. Of Health and Social Services, Office of Children’s Service, Supreme Court No. 1432 S-14619, that the Superior Court of Alaska had correctly terminated the parental rights of Edward C. in relation to his four young children. 

The Superior Court had terminated the rights on the grounds of abandonment, incarceration, risk of sexual abuse, and risk of mental injury in accordance with AS 47.10.011.  The father had been accused of sexually abusing his four children and was currently facing criminal charges of sexual abuse.   In January 2007 allegations of child abuse were substantiated by the Office of Children’s Services, who found evidence of sexual, mental, and physical abuse by Edward and paternal neglect due to substance abuse by the children’s mother, Philippa.  After the divorce of Edward and Philippa, the children were placed with Philippa who was instructed to keep her children away from Edward, who was not allowed to contact the children until he had participated in family therapy and mental health counseling.

In November 2009 the Office of Children’s Services filed an emergency petition for temporary custody of the children.  At the time, the children were with their mother and had not had contact with their father for over 2 years.  OCS filed a termination petition in March 2011, and The State initiated criminal proceedings against Edward for sexual abuse.  The Superior Court terminated Philippa’s and Edward’s parental rights in January 2012.

Edward appealed to the Supreme Court, alleging that the children were not in need of aid under AS 47.10.011 (1) (abandonment) and (2) (incarceration).  He also argued that because he was under trial for the criminal charges of sexual abuse, the hearing for termination should have been continued until after his trial was completed.

The Supreme Court found that because Edward had failed to challenge the superior court’s finding that the children were in danger of mental injury (AS 47.10.011(8)), the court had not erred and the Supreme Court affirmed the superior court’s decision to terminate rights.