Alaska Supreme Court

Philip J., Appellant v. State of Alaska, Department of Health & Social Services, Office of Child — Winfree, J…

December 2, 20112011 Alas. LEXIS 126

Summary

Justice Winfree dissented from the conclusion that Philip received constitutionally adequate notice when a proceeding identified and conducted as a probable cause hearing resulted in an adjudication decision. He would have held that the trial court had to notify Philip, at a meaningful time and no later than the close of the agency's evidence, that it was considering making adjudication findings. Justice Winfree would have reversed the adjudication decision and remanded for an appropriate probable cause decision.