Alaska Supreme Court
Eva H., Appellant v. State of Alaska, Department of Health & Social Services, Office of Children's Services…
March 8, 2019436 P.3d 1050
Summary
The court reversed the termination of Eva H. and Keith's parental rights because OCS did not establish that its proposed witness was qualified under ICWA to testify about whether returning the children would likely cause serious emotional or physical damage. Although the witness had extensive experience as a guardian ad litem, the record did not show expertise beyond ordinary social-worker qualifications or the ability to connect the parents' conduct to likely harm to these particular children. The court remanded for further proceedings, while finding no error in the other challenged findings on the record then before it.