Jude M., Appellant v. State of Alaska, Department of Health & Social Services, Office of Children’s Services, Appellee

Summary

The court held that the superior court had statutory authority to appoint a long-term guardian because the father's custodial rights were suspended when the child was placed in state custody, and that the guardianship was an ICWA foster-care placement subject to the clear-and-convincing standard rather than the beyond-a-reasonable-doubt standard for termination. It upheld the findings that active efforts were made and that guardianship served the child's best interests, but held that one component of the serious-harm finding lacked required expert support. The guardianship order was vacated and remanded for reconsideration of whether the remaining evidence, including qualified expert testimony, established likely serious harm. Stowers, Chief Justice, concurring in part and dissenting in part, would have affirmed because the therapist's testimony supported the harm finding.