Alaska Supreme Court
Dara S. v. State, Dept. of Health & Social Services, Office of Children's Services
September 7, 2018
Summary
The court affirmed the termination of Dara's parental rights because the superior court did not clearly err in finding that her mental illness manifested in conduct placing Paxton at substantial risk, that OCS made reasonable reunification efforts, and that she was given a reasonable time to remedy the conditions. The court held that a parent whose rights have been terminated may still seek a pre-adoption reinstatement hearing upon a showing of good cause, and that reinstatement requires clear and convincing evidence of rehabilitation, parenting capability, and the child's best interests. The reinstatement order was remanded because the superior court's best-interests findings did not adequately address Paxton's attachment, permanency, medical needs, and the likely effects of removal. No separate opinions are included in the record provided.