Martha v. Dept. of Health & Social Servs.

Summary

The Alaska Supreme Court affirmed the adjudication of Andy and Allie as children in need of aid and their continued placement in OCS custody for up to 18 months. It held that the superior court did not abuse its discretion in admitting the challenged expert and therapist testimony, and that the evidence supported findings of mental injury or substantial risk, OCS's active efforts under ICWA, and the likelihood of serious emotional or physical damage if the children were returned home. The court declined to decide whether one hearsay ruling was correct because any error was harmless.