Jude M. v. State, Dept. of Health & Social Services, Office of Children's Services

Summary

The court held that the superior court had statutory authority to establish a long-term guardianship because the father's custodial rights were suspended when the child was adjudicated in need of aid and placed in state custody. The court also held that the guardianship was governed by the clear-and-convincing standard applicable to foster-care placements under the Indian Child Welfare Act, not the beyond-a-reasonable-doubt standard applicable to termination. Because one part of the superior court's serious-harm finding lacked support in qualified expert testimony, the court vacated the guardianship order and remanded for reconsideration of the harm and unsuccessful-efforts findings.