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

Summary

The court held that an adult family member denied placement of a child in OCS custody is entitled to a judicial review hearing without first showing good cause for a hearing. OCS bears the burden at that hearing to prove by clear and convincing evidence that denying the statutory placement preference was justified, and the superior court improperly resolved the issue without an evidentiary hearing. The court also held that Irma's request concerned CINA placement rather than adoption and that finality principles did not bar her latest request.