Clark .j. (father) v. State of Alaska, Dhss, Ocs

Summary

The Alaska Supreme Court reversed the termination of Clark's parental rights because OCS failed to make the active efforts required by ICWA during the latter half of the case. OCS made sufficient efforts during the first two years, when Clark was unavailable and unwilling to participate, but its efforts became minimal after he consented to a guardianship, including failing to maintain contact, provide services, facilitate visitation, or develop a contact plan. The court did not address whether the defective active-efforts finding affected the remaining termination findings because the active-efforts failure was dispositive.