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 denial of Paula's request to place four Indian children with her and upheld their continued placement and adoption by a non-Native foster family. The court held that Paula was entitled to statutory notice of permanency and placement hearings, but concluded that her due process rights were not violated because she later received a full hearing at which she could present evidence and examine witnesses. The court also held that the superior court did not commit plain error in finding good cause to deviate 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.