Alaska Supreme Court

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

January 5, 2018408 P.3d 1181

Summary

The Alaska Supreme Court held that the Myers constitutional framework governs the State’s authority to medicate a child in Office of Children’s Services custody over a parent’s objection. It affirmed the superior court’s authorization of Lexapro, finding the Myers standard satisfied, but reversed the authorization of Risperdal as premature and remanded for further proceedings. Chief Justice Stowers filed a concurring opinion expressing reservations about the Risperdal analysis.