Alaska Supreme Court

Paula E., Appellant v. State of Alaska, Department of Health & Social Services, Office of Chil — Carpeneti, J…

May 8, 20122012 Alas. LEXIS 68

Summary

The dissent argues that the State violated Paula's due process rights by failing to notify her of three significant hearings over approximately fifteen months while the placement plan for her grandchildren shifted away from her and toward a non-Indian couple. It concludes that the State failed to show that the notice violations were harmless because Paula's absence prevented her from timely responding to adverse allegations and affected the later placement decisions. The dissent would remand for further proceedings, potentially including a new best-interests hearing concerning the adoptions.