State of Alaska, Dhss, Ocs v. Zander B & Kelly B. (foster Parents)

Summary

The Alaska Supreme Court affirmed an order allowing non-relative foster parents to intervene for the limited purpose of contesting OCS’s proposed transfer of a child to his paternal grandmother and staying that transfer. The court held that permissive intervention is not categorically barred in CINA proceedings, but should be allowed only rarely and when the foster parents have relevant evidence that existing parties are unlikely to provide. It also held that the superior court did not clearly err in its factual findings and correctly concluded that OCS abused its discretion by inadequately considering the child’s significant needs, the caregivers’ concerns, and the proposed placement’s suitability. The dissent would have held that foster parents may participate and be heard but may not become parties to request placement review.