Mona J. v. State of Alaska, Department of Health & Social Services, Office of Children's Services

Summary

The Alaska Supreme Court affirmed the termination of Mona J.'s parental rights, holding that the superior court used an overbroad formulation when it stated that active efforts depended on Mona's willingness to engage. The court clarified that active efforts primarily concern OCS's conduct, although a parent's noncooperation may affect the type and extent of efforts required, and independently concluded that OCS satisfied the ICWA standard. The court also rejected a categorical futility doctrine excusing active efforts before OCS has demonstrated that it made them.