Josh L., Appellant v. State of Alaska, Department of Health & Social Services, Office of Children's Services, Appellee

Summary

The court affirmed termination of Josh L.'s parental rights, holding that OCS satisfied ICWA's active-efforts requirement despite shortcomings in visitation, family contact, and the investigation of relatives. Because Josh was incarcerated throughout the proceedings and ultimately received a 99-year sentence, the court concluded that placement with relatives would not have enabled him to participate in remedial efforts or fulfill his case plan. The court also rejected his argument that the superior court improperly relied on earlier findings and that termination was not in Eva's best interests. Justice Winfree, joined by Justice Stowers, dissented and would have required OCS to investigate Josh's proposed family placements as part of its active-efforts duty.