Clementine F., Appellant v. State of Alaska, Department of Health & Social Services, Office of Children's Services…

Summary

The Alaska Supreme Court affirmed the release of Jasmine from OCS custody and dismissal of the CINA petition. It held that the superior court could dismiss the petition for good cause when OCS declined to pursue it, was not required to conduct an evidentiary hearing on the mother's allegations concerning the father, and did not violate due process by releasing the child from state custody without final probable-cause findings. The court also held that the request for a continuance was moot after dismissal. Stowers, Chief Justice, dissenting, would have required final probable-cause proceedings and an evidentiary hearing concerning the father's alleged abandonment before Jasmine could be released to him.