Alaska Supreme Court

Payton S. and Effie B., Appellants v. State of Alaska, Department of Health and Social Services, Office Of…

May 1, 20152015 Alas. LEXIS 45

Summary

The court affirmed termination of the parents' rights to their three Indian children. Although the parents did not receive timely notice or appointed counsel before the initial adjudication and disposition hearing, the later proceedings eliminated any actual prejudice and satisfied due process. The termination findings were supported by the evidence, including the parents' persistent substance abuse, failure to remedy the conditions placing the children at risk, qualified expert testimony, likely serious harm from continued custody, and the children's best interests.