State of Alaska, Department of Health & Social Services, Office of Children's Services, Appellant And…

Summary

The court held that the superior court’s jurisdiction over a Child in Need of Aid proceeding derives from the child’s adjudicated status as a child in need of aid, not from the continued validity of a disposition order granting OCS custody or supervision. Therefore, OCS’s failure to timely file a petition to extend custody did not require dismissal, although the filing deadline remained enforceable through appropriate sanctions. The court also held that the superior court plainly erred by entering ICWA removal findings based solely on an unsupported, unopposed motion, and remanded for proceedings addressing Natalie’s safety and the continuing grounds for custody. No separate opinions were filed.