Alaska Supreme Court

Diego K. and Catharine K., Appellants v. State, of Alaskadepartment of Health & Social Services, Office Of…

February 23, 2018411 P.3d 622

Summary

The Alaska Supreme Court held that the superior court erred by relying on unsworn statements that were not admitted as evidence to satisfy the Indian Child Welfare Act’s active‑efforts requirement, vacated the removal order, and remanded for a new removal hearing. The Court emphasized that only evidence presented under oath may support the statutory findings required for removal of an Indian child.