Alaska Supreme Court

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

January 9, 20132013 Alas. LEXIS 2

Summary

The court affirmed termination of Thea G.'s parental rights, holding that the evidence supported findings that the Office of Children's Services made active efforts to reunify the family, that the children would likely suffer serious emotional or physical damage if returned to her custody, and that termination was in their best interests. The court also upheld the admission and sufficiency of the ICWA expert testimony, concluding that cultural expertise was unnecessary where the termination grounds were unrelated to Native culture and that the expert's record-based testimony was sufficiently case-specific. Justice Carpeneti, dissenting, would have remanded for evidence addressing the children's individual bonds, needs, preferences, and the effect of termination on them.