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

Summary

The Alaska Supreme Court affirmed the superior court's denial of Paula's request to obtain placement of her four Indian grandchildren. The court held that Paula was statutorily entitled to notice of the permanency and placement hearings, but that her due process claim failed because she later received a full hearing at which she could present evidence and examine witnesses, curing any prejudice. The court also held that the superior court did not commit plain error in finding good cause to depart from the Indian Child Welfare Act placement preferences. Chief Justice Carpeneti, joined by Justice Stowers, dissented, concluding that the prolonged failure to provide notice prejudiced Paula and warranted further proceedings.